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486 | https://historysoa.com/items/show/486 | The 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-14-1 | | | | | 1–28 | | | | | | | | | | | | | | | | | | <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> | | | | | | | 1 | | | 19031001 | The 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 />
—————_+—>—+_____<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, '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'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 & 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 & 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 & 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 & 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 & 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'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 & 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 & 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 & 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 & 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 & 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 & 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 />
—__—__-—> +<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 & 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'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'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" = £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'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 & 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 />
——__+—>_+__"__<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 />
—-—~> + —<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 />
——>—»<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 />
—+—~>—+—_<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 />
—+—~>—+<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 & 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'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'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 & 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 & 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 />
——~<—+——<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 & Co., London, and<br />
J. CG. Juta & 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 & 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 & 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'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, &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 & 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.pdf | publications, The Author |
487 | https://historysoa.com/items/show/487 | The 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-14-2 | | | | | 29–56 | | | | | | | | | | | | | | | | | | <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> | | | | | | | 2 | | | 19031102 | Che 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 />
> 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 />
—_-—~>—+—_<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 & 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 & 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 & Co.) appeared for the plaintiff,<br />
and Mr. Barton (instructed by Messrs. Rivington<br />
& 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 />
——< 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 & 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 & 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 & 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 & 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 & 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 & 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 />
——_-+—~>—-<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 & 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 &<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'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 & 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 />
——_—_—_———_+—<—___—<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 />
—_—_—+ <> —___—_—__<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." 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 />
—>— +<br />
<br />
NOTICES.<br />
—_1~>+__<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 />
—_+~>—+—_.<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 & 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 />
———>+<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'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 />
<><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 />
—_—>—-+—<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'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 <i;<br />
would be a useful feature of The Author, providing =<"<br />
it appears regularly and includes all the articles =...<br />
in the periodicals mentioned. It is impossible to «!“'<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 =><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 ><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.pdf | publications, The Author |
488 | https://historysoa.com/items/show/488 | The Author, Vol. 14 Issue 03 (December 1903) | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=49&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=%3Cem%3EThe+Author%3C%2Fem%3E%2C+Vol.+14+Issue+03+%28December+1903%29"><em>The Author</em>, Vol. 14 Issue 03 (December 1903)</a> | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Publication">Publication</a> | 1903-12-01-The-Author-14-3 | | | | | 57–84 | | | | | | | | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=89&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=14">14</a> | | | | | | | | | | | <a href="/items/browse?advanced%5B0%5D%5Belement_id%5D=76&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=1903-12-01">1903-12-01</a> | | | | | | | 3 | | | 19031201 | Che Huthor.<br />
<br />
(The Organ of the Incorporated Society of Authors.<br />
<br />
Monthly.)<br />
<br />
FOUNDED BY SIR WALTER BESANT.<br />
<br />
<br />
<br />
Vou. XTV.—No. 3.<br />
<br />
DECEMBER 1sT, 1903.<br />
<br />
[Prick SIXPENCE.<br />
<br />
<br />
<br />
TELEPHONE NUMBER :<br />
<br />
374 VICTORIA.<br />
TELEGRAPHIC ADDRESS:<br />
<br />
AUTORIDAD, LONDON.<br />
<br />
a<br />
<br />
THE<br />
UNVEILING OF THE MEMORIAL<br />
TO SIR WALTER BESANT.<br />
<br />
—— 9<br />
<br />
ORD MONKSWELL, the Chairman<br />
<br />
of the London County Council, has<br />
<br />
kindly undertaken the duty of unveiling<br />
<br />
the Memorial to Sir Walter Besant. The<br />
<br />
ceremony will take place in the Crypt of<br />
<br />
St. Paul’s Cathedral on the afternoon of<br />
Friday, December 11th, at 3 o’clock.<br />
<br />
It is hoped that those members of the<br />
Society who care for the memory of Sir<br />
Walter Besant, and are grateful for his<br />
unselfish and earnest labours on behalf of<br />
his fellow writers, will make every effort<br />
to be present.<br />
<br />
es<br />
NOTICES.<br />
<br />
OR the opinions expressed in papers that are<br />
signed or initialled the authors alone are<br />
responsible. None of the papers or para-<br />
<br />
graphs must be taken as expressing the opinion<br />
of the Committee unless such is especially stated<br />
to be the case.<br />
<br />
Tue Editor begs to inform members of the<br />
Authors’ Society and other readers of The Author<br />
VoL, XIV.<br />
<br />
<br />
<br />
that the cases which are from time to time quoted<br />
in The Author are cases that have come before the<br />
notice or to the knowledge of the Secretary of the<br />
Society, and that those members of the Society<br />
who desire to have the names of the publishers<br />
concerned can obtain them on application.<br />
<br />
a<br />
<br />
List of Members.<br />
<br />
TuE List of Members of the Society of Authors<br />
published October, 1902, at the price of 6d., and<br />
the elections from October, 1902, to July, 1903, as<br />
a supplemental list, at the price of 2d., can now be<br />
obtained at the offices of the Society.<br />
<br />
They will be sold to members or associates of<br />
the Society only.<br />
<br />
od<br />
<br />
The Pension Fund of the Society.<br />
<br />
THE investments of the Pension Fund at<br />
present standing in the names of the Trustees are<br />
as follows.<br />
<br />
This is a statement of the actual stock; the<br />
money value can be easily worked out at the current<br />
price of the market :—<br />
<br />
ORO FE oor es £1000 0 0<br />
Wocal Wioans 20... 500 0 0<br />
Victorian Government 8 % Consoli-<br />
<br />
dated Inscribed Stock ............... 291 19 11<br />
<br />
War Oa 2630090. ee 20r 9 8<br />
oval... 6. oe £1,993 9 2<br />
<br />
Subscriptions.<br />
1908. £ 8s. d.<br />
Jan. 1, Pickthall, Marmaduke 010 &<br />
» Deane, Rey. A.C. . 010 O<br />
Jan. 4, Anonymous : 0 5 0<br />
» Heath, Miss Helena : ~ 0 5 0<br />
>» Russell, G. H. : : 11.0<br />
58 THE AUTHOR.<br />
<br />
Jan. 16, White, Mrs. Caroline<br />
<br />
», Bedford, Miss Jessie<br />
Jan. 19, Shiers-Mason, Mrs.<br />
Jan. 20, Cobbett, Miss Alice :<br />
Jan. 30, Minniken, Miss Bertha M. M.<br />
Jan. 31, Whishaw, Fred. : -<br />
Feb. 3, Reynolds, Mrs. Fred<br />
Feb. 11, Lincoln, C. .<br />
Feb. 16, Hardy, J. Herbert .<br />
<br />
» Haggard, Major Arthur .<br />
Feb. 23, Finnemore, John .<br />
Mar. 2, Moor, Mrs. St. C.<br />
Mar. 5, Dutton, Mrs. Carrie<br />
Apl. 10, Bird, CO. P..<br />
Apl. 10, Campbell, Miss Montgomery .<br />
May Lees, R. J...<br />
<br />
Wright, J. Fondi .<br />
<br />
Nov. 138, Longe, "Miss Julia .<br />
<br />
Donations.<br />
<br />
Jan. 8, Wheelright, Miss H. :<br />
», Middlemass, Miss Jean . :<br />
Jan. 6, Avebury, The Right Hon.<br />
<br />
The Lord .<br />
» Gribble, Francis<br />
Jan. 13, Boddington, Miss Helen .<br />
Jan. 17, White, Mrs. Wollaston .<br />
» Miller, Miss E. T. .<br />
Jan. 19, Kemp, Miss Geraldine<br />
Jan. 20, Sheldon, Mrs. French<br />
Jan. 29, Roe, Mrs. Harcourt<br />
Feb. 9, Sher wood, Mrs. .<br />
Feb. 16, Hocking, The Rey. Silas<br />
Feb. 18, Boulding, J. W. .<br />
5, Ord, Hubert H.<br />
Feb. 20, Price, Miss Eleanor<br />
» Carlile, Rev. J. C..<br />
Feb. 24, Dixon, Mrs.<br />
Feb. 26, Speakman, Mrs...<br />
Mar. 5, Parker, Mrs. Nella<br />
Mar. 16, Hallward, N.L. .<br />
Mar. 20, Henry, Miss Alice .<br />
», Mathieson, Miss Annie .<br />
» Browne, T, A. (“ Rolfe Boldre-<br />
wood”’) ‘<br />
Mar. 23, Ward, Mrs. Humphry<br />
Apl. 2, Hutton, The Rev. W. H<br />
Apl. 14, Tournier, Theodore<br />
May King, Paul H. :<br />
S Wynne, Charles Whitw orth<br />
», 21, Orred J. Randal :<br />
June 12, Colles, W. Morris .<br />
» Bateman, Stringer .<br />
* = Aton. 3.<br />
» Mallett, Reddie<br />
Oct. 27, Sturgis, Julian<br />
<br />
=<br />
<br />
rt<br />
OOH OO OHS OHOL ON OHA ONO SO OL OUT OT<br />
<br />
cCorocoroocoooorSSOSC’®<br />
He<br />
<br />
eoooamoccoeosoooooo™<br />
<br />
SCeorocounooeocorooocoroeon oo<br />
<br />
e on} I<br />
_<br />
<br />
_<br />
<br />
eouncoorocouncocorH<br />
ecoaoecoecoocoo ccoocoooceocoononoonoonaoeo on<br />
<br />
eooocoocorocooconNnNorFH<br />
<br />
or<br />
<br />
Nov. 2, Stanton, V. H. ;<br />
Nov. 18, Benecke, Miss Ida. ;<br />
Nov. 23, Harraden, Miss Beatrice<br />
<br />
The following members have also made subserip-<br />
tions or donations :—<br />
<br />
Meredith, George, President of the Society.<br />
1 hompson, Sir poy Bart., F.R.C.S.<br />
Rashdall, The Rey. H<br />
<br />
Guthrie, "Anstey.<br />
<br />
Robertson, C. B.<br />
<br />
Dowsett, C. F.<br />
<br />
There are in addition other subscribers who do<br />
not desire that either their names or the amount<br />
they are subscribing should be printed.<br />
<br />
—___<br />
<br />
FROM THE COMMITTEE.<br />
<br />
A<br />
<br />
At the meeting of the Committee held on the<br />
2nd of November, 18 members and associates were<br />
elected, bringing the total for the curftent yeaup<br />
to 182.<br />
<br />
The date for the unveiling of the Besant<br />
Memorial was discussed and the necessary details<br />
considered. The full statement of the arrange-<br />
ments is set forth on another page. There were<br />
one or two other matters on “ the agenda,” but no<br />
contentious business. One case, which was laid<br />
before the Committee, they did not see their<br />
way to take up, and it was hoped that another case,<br />
dealing with accounts, would be satisfactorily<br />
settled between the secretary and the publisher,<br />
without any need of further action.<br />
<br />
Se<br />
<br />
Cases.<br />
<br />
Since the last statement was issued twelve cases<br />
have been in the Secretary’s hands for settlement.<br />
Four of these refer to the return of MSS., three to<br />
the rendering of accounts, four to the payment or<br />
rather the non-payment of money, and the last to<br />
false representation. MSS., accounts and money<br />
are the most frequent causes for the Secretary’s<br />
interference, as will be seen by those members who<br />
read the monthly statement of the Society’s work.<br />
Of the twelve cases four have been concluded and<br />
eight are still unsettled. Of the former, in the one<br />
dealing with MS., the MS. has been returned and<br />
forwarded to the author; in the one dealing with<br />
accounts, the necessary documents have been<br />
supplied; and in the two demands for the payment<br />
of money the amount due has been forwarded to<br />
the office.<br />
<br />
Out of the cases reported in former issues there<br />
<br />
<br />
<br />
<br />
_~ Prothero, G. W.<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR. 59<br />
<br />
‘are only three still open. One of these, it is<br />
possible, will have to be abandoned owing to the<br />
fact that the member resides abroad ; the other two,<br />
although the authors are unwilling to follow up their<br />
‘demands by an action in Court, will probably be<br />
satisfactorily settled.<br />
<br />
—_—<br />
<br />
November Elections.<br />
<br />
81, Congoumbruto,<br />
Leghorn, Italy.<br />
<br />
6, Sidney Terrace,<br />
New Road, Ports-<br />
mouth, Hants.<br />
<br />
Wiscombe Park, Coly-<br />
ton, Devon.<br />
<br />
Carmichael Montgomery .<br />
<br />
Eagleman, E. J. (Colin<br />
Conway)<br />
<br />
Edmonds, Miss<br />
<br />
Eldridge, Robey F. . Daylesford, Newport,<br />
Isle of Wight.<br />
<br />
Fevez, Miss Coralie Westdale, Streatham,<br />
S.W.<br />
<br />
Firth, C. H. 2, Northmoor Road,<br />
Oxford.<br />
<br />
Madeira Hotel, Shank-<br />
lin, Isle of Wight.<br />
Spixworth Park, Nor-<br />
<br />
wich.<br />
St. Ives, Cornwall.<br />
The Hut, Fairlie, N.B.<br />
24, Bedford Square,<br />
<br />
Howell, Miss Constance .<br />
Longe, Miss Julia G.<br />
<br />
Marriott, Charles<br />
Morgan, Mrs. .<br />
<br />
WC.<br />
<br />
Smedley, Miss Constance. 119, Ashley Gardens,<br />
BWo<br />
<br />
Shore, Miss Emily K. 29, Norfolk Mansions,<br />
Battersea Park, 8S. W.<br />
<br />
Sparrow, A. G. Daisy Mere House,<br />
Near Buxton.<br />
Stirling, Mrs. (Percival 30, Sussex Villas, W.<br />
Pickering)<br />
Wyatt, DaviesErnest R.J. 7, Bridge Street, Cam-<br />
bridge.<br />
20, Kew Gardens Road,<br />
<br />
Kew.<br />
<br />
Yosall, J. H., M.P.,<br />
<br />
PENSION FunD.<br />
<br />
THE Pension Fund Committee held a meeting<br />
on Monday, November 2nd, at the offices of the<br />
Society, 39, Old Queen Street, Storey’s Gate, in<br />
order to deal with the moneys which the trustees<br />
had intimated were at their disposal for the<br />
allotment of a fresh pension.<br />
<br />
The Committee granted a pension of £25 a<br />
year to Miss Helen M. Burnside, whose work as a<br />
writer of verse and whose books for children are<br />
well known.<br />
<br />
Among those who supported her application may<br />
be mentioned the following :—<br />
<br />
Mr. Mackenzie Bell, Miss Rosa Nouchette Carey,<br />
Sir A. C. Mackenzie, Miss M. Montresor, Mr.<br />
Algernon Swinburne, Mrs. Humphry Ward, Mr.<br />
Watts-Dunton, Mr. Arthur Waugh, Mr. W. H.<br />
Wilkins, and others.<br />
<br />
In order to give members of the Society, should<br />
they desire to appoint a fresh member to the<br />
Pension Fund Committee, full time to act, it has<br />
been thought advisable to place in Zhe Author a<br />
full statement of the method of election under the<br />
scheme for administration of the Pension Fund.<br />
Under that scheme the Committee is composed of<br />
three members elected by the Committee of the<br />
Society, three members elected by the Society at<br />
the General Meeting, and the chairman of the<br />
Society for the time being, ew officio. The three<br />
members elected at the general meeting when the<br />
fund was started were Mr. Morley Roberts, Mr.<br />
M. H. Spielmann, and Mrs. Alec Tweedie.<br />
<br />
According to the rules it is the turn of Mr.<br />
M. H. Spielmann to resign his position on the Com-<br />
mittee. In tendering his resignation he submits<br />
his name for re-election.<br />
<br />
The members have power to put forward other<br />
names under Clause 9, which runs as follows :—<br />
<br />
“ Any candidate for election to the Pension Fund Com-<br />
mittee by the members of the Society (not being a retiring<br />
member of such Committee) shall be nominated in writing<br />
to the seeretary, at least three weeks prior to the general<br />
meeting at which such candidate is to be proposed, and<br />
the nomination of each such candidate shall be subscribed<br />
by, at least, three members of the Society. A list of the<br />
candidates so nominated shall be sent to the members of<br />
the Society with the annual report of the Managing Com-<br />
mittee, and those candidates obtaining the most votes at<br />
the general meeting shall be elected to serve on the Pension<br />
Fund Committee.”<br />
<br />
In case any member should desire to refer to<br />
the list of members, a copy complete, with the<br />
exception of those members referred to in the note<br />
at the beginning, can be obtained at the Society’s<br />
office.<br />
<br />
It would be as well, therefore, should any of the<br />
members desire to put forward candidates, to take<br />
the matter within their immediate consideration.<br />
The general meeting of the Society has usually<br />
been held towards the end of February or the<br />
beginning of March. ‘This notice will be repeated<br />
in the January number of The Author. It is<br />
essential that all nominations should be in the<br />
hands of the secretary before the 31st of January,<br />
1904.<br />
<br />
o—~<> «-<br />
<br />
<br />
60<br />
<br />
AFLALO AND COOK vy. LAWRENCE AND<br />
BULLEN.<br />
<br />
—1——+ —<br />
<br />
HIS case came before the House of Lords on<br />
November 13th, the defendant company<br />
having appealed from the judgments given<br />
<br />
in the Court of First Instance and in the Court of<br />
Appeal to the House of Lords. The facts of the<br />
case may be briefly set forth as follows :—<br />
<br />
The plaintiff, Aflalo, conceived a scheme for the<br />
publication of a work to be called “The Encyclo-<br />
peedia of Sport.” The defendants determined to<br />
adopt the scheme making the plaintiff, Aflalo,<br />
editor under an agreement, the chief terms of<br />
which were as follows :—<br />
<br />
That for his editorial services the plaintiff<br />
should be paid £500, and a further sum to cover<br />
expenses of postage, etc. :<br />
<br />
That the plaintiff should write, without further<br />
fee, 7,000 words as special articles, and contribute<br />
all the unsigned articles that might be required.<br />
<br />
That the plaintiff should be entitled to pursue<br />
his literary work so far as it did not interfere with<br />
the performance of his editorial duties.<br />
<br />
That the defendants might determine the agree-<br />
ment under certain conditions.<br />
<br />
Under this agreement the work was produced,<br />
and the plaintiff Aflalo contributed an article,<br />
entitled “Sea Fishing.” Prior to the commence-<br />
ment of the action he was registered as the holder<br />
of the copyright. The plaintiff Aflalo, as editor,<br />
further arranged with the co-plaintiff Cook, for<br />
the latter to contribute certain articles at certain<br />
prices on terms contained in a letter dated June 2nd,<br />
1896. The following, omitting the formal parts,<br />
is a copy :—<br />
<br />
“IT am now requested by Messrs. Lawrence and Bullen<br />
to definitely ask you to undertake for their forthcoming<br />
“Encyclopedia of Sports and Pastimes” the following<br />
work. Of the angling article 5,000 words and separate<br />
articles of 5,000 each on trout and pike.<br />
<br />
“The former (angling) we should want in by the middle<br />
of July, the two latter will do later. The remuneration<br />
will be at the rate of £2 per thousand, payable ordinarily<br />
when the work is passed for press, but if you prefer letting<br />
us have all the trout and pike articles in by August I<br />
understand the publishers will make no difficulty about<br />
paying for the whole by October. Will you also see Senior<br />
about your share in the angling article, and also let us know<br />
if these terms are satisfactory.”<br />
<br />
These articles were written and appeared in the<br />
“Encyclopedia.” Prior to the commencement of<br />
the action the plaintiff Cook was registered as the<br />
proprietor of the copyright in his articles. In<br />
neither of the agreements with the plaintiffs (i.e.,<br />
the above-mentioned agreement and letter) was<br />
there any express stipulation as to the proprietor-<br />
ship of or copyright in any of the articles so<br />
contributed by them.<br />
<br />
THE AUTHOR.<br />
<br />
In 1900 the defendants published a book, entitled<br />
“The Young Sportsman,” containing copies of each<br />
of the said articles or substantial portions of them.<br />
The plaintiffs alleged that such reproduction in-<br />
fringed their copyright, and further that it was a<br />
publication of the said articles separately or singly<br />
within the meaning of section 18 of the Copyright<br />
Act. The plaintiffs claimed injunction and<br />
damages.<br />
<br />
The defendants put in issue the allegations of the<br />
plaintiffs. They denied that the plaintiffs were<br />
the holders of the copyright in the articles, and<br />
claimed that an implied term of the agreement<br />
between them and the plaintiff Aflalo was that the<br />
copyright should belong to the defendants as pro-<br />
prietors of the “ Encyclopedia,” or that alternately,<br />
the plaintiff became their servant for the purpose<br />
contemplated in the agreement, and all the work<br />
he did was their absolute property.<br />
<br />
That the plaintiff Cook was employed by them<br />
upon the terms contained in the letter of June<br />
quoted above. That the said articles were paid for<br />
by the defendants upon the terms contained in<br />
the said letter, and that it was an implied term<br />
of the plaintiff Cook’s said employment that the<br />
copyright in the said articles should belong to the<br />
defendants as proprietors of the “‘ Encyclopedia.”<br />
<br />
They admitted publishing “The Young Sports-<br />
man,” and that as they were entitled to do they<br />
reprinted therein the said articles or portions<br />
thereof. And by way of counter-claim the defen-<br />
dants claimed a deévlaration that they were the<br />
proprietors of the copyrights in the said articles,<br />
and an order expunging from the book of registry<br />
the entries whereby the plaintiffs had wrongfully<br />
registered themselves as such proprietors and<br />
damages and costs.<br />
<br />
In order to assist further those interested in the<br />
judgment we print the portion of the second section<br />
of the Copyright Act referred to herein, and the<br />
eighteenth section in full :—<br />
<br />
Section 2. “In the construction of this Act the word.<br />
“Book” shall be construed to mean and include every<br />
volume, part or division, of a volume, pamphlet, sheet of<br />
letter-press, sheet of music, map, chart, or plan separately<br />
published.”<br />
<br />
Section 18. “ When any publisher or other person shall,<br />
before or at the time of the passing of this Act, have pro-<br />
jected, conducted and carried on, or shall hereafter project,<br />
conduct, and carry on, or be the proprietor of any encyclo-<br />
pedia, review, magazine, periodical work, or work published<br />
in a series of books or parts, or any book whatsoever, and’<br />
shall have employed or shall employ any persons to compose<br />
the same, or any volumes, parts, essays, articles or portions.<br />
thereof, for publication in or as part of the same, and such<br />
work, volumes, parts, essays, articles or portions shall have<br />
been or shall hereafter be composed wrder such employ-<br />
ment on the terms that the copyright therein shall belong<br />
to such proprietor, projector, publisher, or conductor, and<br />
paid for by such proprietor, projector, publisher, or con-<br />
ductor, the copyright in every such encyclopedia, review,<br />
magazine, periodical work, and work published in a series:<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR. 61<br />
<br />
of books or parts, and in every volume, part, essay, article,<br />
and portion so composed and paid for, shall be the property<br />
of such proprietor, projector, publisher, or other conductor,<br />
who shall enjoy the same rights as if he were the actual<br />
author thereof, and shall have such term of copyright<br />
therein as is given to the authors of books by this Act;<br />
except only that in the case of essays, articles, or portions<br />
forming part of and first published in reviews, magazines,<br />
or other periodical works of a like nature, after the term of<br />
twenty-eight years from the first publication thereof respec-<br />
tively the right of publishing the same in a separate form<br />
shall revert to the author for the remainder of the term<br />
given by this Act : Provided always, that during the term<br />
of twenty-eight years the said proprietor, projector, pub-<br />
lisher, or conductor shall not publish any such essay,<br />
article, or portion separately or singly without the consent<br />
previously obtained of the author thereof, or his assigns :<br />
Provided also, that nothing herein contained shall alter or<br />
affect the right of any person who shall have been or shall<br />
be so employed as aforesaid to publish any such his com-<br />
position in a separate form, who by any contract, express<br />
or implied, may have reserved or may hereafter reserve to<br />
himself such right; but every author reserving, retaining,<br />
or having such right shall be entitled to the copyright in<br />
such composition, when published in a separate form,<br />
according to this Act, without prejudice to the right of<br />
such proprietor, projector, publisher, or conductor as<br />
aforesaid.”<br />
<br />
The case in the Court of First Instance was<br />
heard on July 81st, 1901, before the Hon. Mr.<br />
Justice Joyce, and judgment was given in favour<br />
of the plaintiffs on the same date. His lordship’s<br />
judgment is reported in the Law Reports, 1902,<br />
1 Ch., p. 264.<br />
<br />
From this judgment the defendants appealed to<br />
His Majesty’s Court of Appeal, and the appeal was<br />
heard before the said Court, consisting of Lords<br />
Justices Vaughan Williams, Romer, and Stirling<br />
upon June 30th and July Ist, 1902, when their<br />
lordships took time to consider their judgments.<br />
Upon August 11th, 1902, their lordships inti-<br />
mated that they desired to hear further arguments<br />
-upon the point whether under the circumstances<br />
and having regard to the definition of a “ book”<br />
in section 2 of the Act and to section 3, the plain-<br />
tiffs had any such right as entitled them to main-<br />
tain their action—copyright or any other right.<br />
And the said appeal was further heard and argued<br />
efore the said Court upon December 6th, 1902,<br />
when their lordships again took further time to<br />
consider their judgments ; and on December 18th,<br />
1902, they delivered judgments differing in opinion,<br />
Lord Justice Vaughan Williams delivering judg-<br />
ment in favour of the defendants the appellants,<br />
whilst Lords Justices Romer and Stirling delivered<br />
judgment in favour of the plaintiffs. The plaintiffs<br />
accordingly obtained a second decision in their<br />
favour. Their lordships’ judgments are reported<br />
in the Law Reports, 1903, 1 Ch., p. 318.<br />
<br />
From this judgment the defendants again ap-<br />
pealed to the House of Lords. The appeal was<br />
heard on November 13th. Their lordships gave<br />
their judgments as follows :—<br />
<br />
Tue Lorp CHANcELLOR.—My lords, if I had<br />
not come to the conclusion that the case is covered<br />
by authority I should have desired further time to<br />
consider the mode in which I should express the<br />
views I entertain.<br />
<br />
I think it is absolutely impossible, after the<br />
decision arrived at just about half a century ago<br />
upon this very point, and confirmed as it is by a<br />
decision of the Court of Appeal, to render it<br />
doubtful what the decision on this appeal ought to<br />
be. Ido not deny that there may be—there pro-<br />
bably is—a distinction between the inference of<br />
fact that would be drawn from the fact that a<br />
person had employed another to create something<br />
for him if it was a mere material subject and the<br />
rule which would apply to literary composition.<br />
Although there is a distinction in that respect<br />
which ought to be insisted upon, on the other<br />
hand, literary compositions are subjects of barter<br />
and sale. When a person is employed to create<br />
some literary composition, and that involves some-<br />
body else spending money for its publication, and<br />
incurring the responsibilities and great risk that<br />
may attend the publication, it is impossible not to<br />
recognise the fact that some of the inferences at<br />
all events could have been drawn from those facts<br />
of employment and payment which would naturally<br />
attach to the payment for something for which<br />
another person was employed. It is not a question<br />
of law ; it is a question of fact to be derived from<br />
all the circumstances of the case what is the nature<br />
of the contract entered into between the parties.<br />
<br />
My lords, I must say I thought that we had<br />
arrived at some sort of concurrence by the<br />
learned counsel themselves in the course of the<br />
argument, that in the construction of the eighteenth<br />
section, at all events, there were two propositions<br />
that could not be disputed. The first was that the<br />
bargain between the parties involving this question<br />
of copyright need not be in writing. Secondly,<br />
that no express words were necessary in order to<br />
constitute the contract, such as it is, contemplated<br />
by the statute. I must say I can entertain no<br />
doubt that this is one of those inferences which<br />
you are entitled to draw, but for which you can lay<br />
down no abstract rule. That which may be im-<br />
plied in a contract must depend very much on<br />
what the contract is—the nature of the contract—<br />
and whether or not the written contract displaces<br />
every other term whatsoever ; because, in the infi-<br />
nite variety of dealings among mankind, there are<br />
some things which none would think of expressing<br />
in terms, although undoubtedly they would form<br />
part of any contract made on such a subject.<br />
<br />
Now, my lords, as I have said, this case, I<br />
think, is concluded by authority, and, therefore, I<br />
do not want to re-argue the matter; but I rather<br />
concur with what fell from my noble and learned<br />
62<br />
<br />
friend Lord Davey, that if this question had not<br />
been raised and decided half a century ago, it would<br />
have been open to consideration whether or not<br />
the eighteenth section did not imply some express<br />
contract, at all events, one way or the other ; but<br />
where a state of law has been recognised now for<br />
half a century and confirmed by the Court of<br />
Appeal, it would be, I think, a startling novelty for<br />
your lordships to treat that as res integra, which<br />
we should determine for ourselves without reference<br />
to previous decisions. .<br />
<br />
My lords, I confess I should feel great hesi-<br />
tation in disagreeing with any proposition that<br />
had been laid down by such a Court presided over<br />
by such Judges as those who decided the case<br />
in the Common Pleas, which has been referred to,<br />
<br />
I think, after the very careful review of<br />
those cases that have been brought before your<br />
lordships by the learned counsel who very ably<br />
and candidly argued this question on the part of<br />
the plaintiffs, it is unnecessary to go through the<br />
whole of these authorities beyond this: if one<br />
looks at that case in the Common Pleas, one<br />
sees it was decided upon a special case, and<br />
the learned Judges were unanimous in their<br />
decision that you could infer a transfer of the<br />
copyright from the facts, and then when you look<br />
and see what the facts are to which they refer<br />
as being those from which a reasonable man would<br />
infer it, it is manifest that the question which<br />
is raised here, about the possibility of competition,<br />
formed no factor in the problem which the learned<br />
Judges decided. It is said: “Here is a person<br />
who is for the purpose of profit selling to a person<br />
who is to adventure and risk his money in the<br />
concern, and unless you come to the conclusion<br />
as a matter of reasonable inference that the copy-<br />
right in the thing so purchased was to belong to<br />
him, the result would be that he would get nothing<br />
for his money.”<br />
<br />
My lords, that is a general observation which<br />
I think may very properly be made in the abstract.<br />
People do not spend money except upon the hypo-<br />
thesis that they get something for it, and unless<br />
you give to the bargain the effect which the<br />
language itself seems to import, that the person<br />
who is the projector, the publisher, and who is<br />
called “the proprietor,” is to stand in the shoes<br />
of the actual author, and if you are to treat it<br />
as it has been treated at the Bar here, the truth<br />
is the projector, the publisher, and so forth would<br />
get nothing for his money, because the whole<br />
object of his publication might be defeated the<br />
very next day either by the same person to whom<br />
he had paid the money, or by any stranger who<br />
might obtain the result of if. It seems to me,<br />
therefore, that it would be a very unreasonable<br />
inference to draw from such a transaction as this,<br />
<br />
THE AUTHOR.<br />
<br />
that the person who paid the money was not to<br />
have the right which would, as a matter of business<br />
in the case of a publisher where he is buying<br />
literary compositions, naturally be the thing for<br />
which he pays. He is the publisher, not the<br />
author ; he goes to the author and buys from him<br />
what the author composes. Under these circum-<br />
stances, my lords, it seems to me it would be a<br />
most unreasonable inference for one to draw from<br />
the facts, in proof in this case, if I were not to<br />
suppose that the person who paid that money and<br />
incurred that risk was not to have the complete<br />
right such as the original author would have had if<br />
it were not published in this way, to publish it<br />
himself.<br />
<br />
Therefore, my lords, I think the appeal ought<br />
to be allowed and the judgment ought to be<br />
reversed. ;<br />
<br />
As I have already intimated, another question<br />
has been raised (I mean the words “ separately<br />
published”) upon which I propose to give no opinion<br />
at all. I therefore propose to leave that question,<br />
because it is not necessary to decide it for the pur-<br />
poses of the present case.<br />
<br />
Lorp S#HAND.—My lords, as your lordships<br />
have resolved that there shall be no decision given<br />
on the question which has been raised under<br />
section 2 of the Statute as to the effect of the<br />
words “separately published,” there used in regard<br />
to the publication of the different articles, with<br />
others in an encyclopedia or magazine, I shall say<br />
no more than that I am certainly not prepared,<br />
from the arguments we have heard, to agree with<br />
Lord Justice Vaughan Williams in what he alone<br />
has said on that subject.<br />
<br />
With reference to the case otherwise, I entirely<br />
agree with what has fallen from my noble and<br />
learned friend on the Woolsack. The question<br />
really here to be decided is whether the copyrights<br />
have been transferred by the publication from the<br />
authors to the publisher.<br />
<br />
The case is one in which the publisher’s right<br />
depends on its being shown that the articles were<br />
contributed “on the terms” that the copyright in<br />
them should belong to him. Upon that question<br />
I think we have important facts to consider. In<br />
dealing with it, it has not been disputed, that<br />
although the agreement is contained in writing, it<br />
is not necessary that the terms as to copyright<br />
shall be expressly stated, and where as here there<br />
are not express terms, it is enough to create a<br />
transfer of the right, if that right be implied from<br />
the nature and whole circumstances of the publica-<br />
tion, and the arrangement and transaction between<br />
the parties. As bearing upon that matter I think<br />
in the first place a very important point is that the<br />
publisher conceives the creation of the magazine<br />
which he publishes as his undertaking for his<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
profit ; that it is for the purpose of his magazine<br />
that the articles are contributed. Again, the<br />
articles as so contributed for the purpose of being<br />
used in his magazine are given on his employment,<br />
and on his payment undertaken and made.<br />
Regarding those circumstances together, it appears<br />
to me that the articles are contributed on the<br />
footing that on payment under such employment<br />
they shall become his property.<br />
<br />
The Statute declares that if transferred on terms<br />
having this effect they shall be the property of the<br />
proprietor or publisher, who shall enjoy the same<br />
rights as if he were the “ actual author thereof.”<br />
It appears to me that it would be inconsistent<br />
with the notion that they were to become his<br />
property as if he were the author and with all the<br />
full rights of the author, that there should be still<br />
left in the author after payment made to him a<br />
property which would enable him to use the same<br />
articles in other magazines. This would clearly<br />
follow if the appellants’ contention were sound.<br />
It would give the publisher little if any benefit for<br />
the payment he had made, and I think that<br />
circumstance so inconsistent with the result of the<br />
payment made in the circumstances as of itself<br />
sufficient to show that the practical result of what<br />
happened between the parties, having regard also<br />
to the clause in the Statute, is that the terms to be<br />
inferred are that the copyright should belong to the<br />
proprietor or publisher ; and that is to my think-<br />
ing, therefore, the inference to be drawn from the<br />
contract between the parties.<br />
<br />
On these grounds, my lords, and concurring with<br />
all that his lordship has said upon the authority<br />
of the cases in the past, I am of opinion that<br />
the decision of the Court of Appeal should be<br />
reversed.<br />
<br />
Lorp Davey.—My lords, I am of the same<br />
opinion. If this matter could be regarded ag res<br />
integra I think that there would be a great deal to<br />
be said for a construction of the eighteenth section<br />
such as that which was contended for by the<br />
learned counsel in the case which was referred to<br />
of Lamb v. Evans, viz., that it was for the publisher<br />
or proprietor to prove an agreement that the com-<br />
poser or author was employed upon the terms that<br />
the copyright should belong to the publisher. But,<br />
my lords, any such proposition as that would be<br />
inconsistent with the law as laid down in the cases<br />
to which my noble and learned friend has referred,<br />
of Sweet v. Benning, and the more recent case of<br />
Lamb v. Evans.<br />
<br />
My lords, the law which I understand to be laid<br />
down in Sweet v. Benning is that it is not necessary,<br />
according to the true constructionof the eighteenth<br />
section of the Copyright Act, that you should find<br />
an actual agreement that the copyright should<br />
belong to the proprietor; nor indeed is it even<br />
<br />
63<br />
<br />
necessary to find special circumstances which lead<br />
to that conclusion. I say so because I find that in<br />
the case of Sweet v. Benning the special case upon<br />
which the opinion of the Common Pleas was<br />
delivered contained a statement that nothing was<br />
said between the parties affecting copyright. I<br />
can find no special circumstances stated in the<br />
special case, and the decision seems to me to have<br />
been founded only upon the nature of the employ-<br />
ment, the nature of the publication and the<br />
relation of the parties,<br />
<br />
My lords, Mr. Justice Joyce tells us in his<br />
judgment: “I decide this case upon the short<br />
ground that I see no special circumstance either<br />
in the nature of the work or in the terms or in the<br />
nature of the employment, from which I can infer,<br />
or must infer, that which is not expressed, namely,<br />
that the copyright is to belong to the proprietor.”<br />
That being so, he says in another passage that the<br />
consequence would not be different from what it<br />
would be in an ordinary case. Now, my lords, [I<br />
do not think that that decision was consistent with<br />
Sweet v. Benning or Lamb v. Evans. I think that<br />
what the Court has to do is to look at all the<br />
circumstances of the case and to say as a jury,<br />
what is the inference which you would draw ? or as<br />
Lord Justice Bowen puts it in his judgment in<br />
Lamb v. Evans, what is the way in which business<br />
men would look at the question ?<br />
<br />
My lords, of course what the inference should be<br />
isa matter of fact, and for my own guidance [<br />
adopt the rule laid down by Lord Justice Kay in<br />
Lamb v. Evans, as correctly stating what I under-<br />
stand to be the law, and therefore I ask myself<br />
what is the inference which I am to draw from<br />
these circumstances ? The circumstances are that<br />
the publisher is minded for his own profit to<br />
publish an “ Encyclopedia of Sport” ; he is prepared<br />
to spend, and he does spend, a very large sum of<br />
money, amounting to some thousands of pounds,<br />
upon the enterprise in which he is engaged ; he<br />
employs a gentleman to act as editor and also to<br />
write some of the articles at a given salary, and<br />
through the editor he employs another gentleman<br />
named Mr. Cook to write articles for a given<br />
remuneration. Those are all the material facts of<br />
the case ; and I have to ask myself what is the<br />
inference that I draw from those facts. That, I<br />
repeat, is a matter of fact and not a matter of law.<br />
No doubt one may gain some assistance from the<br />
way in which a similar set of facts have been<br />
regarded in other cases ; but after all, where it is<br />
a question of fact each case must stand upon its<br />
own merits.<br />
<br />
My lords, if I were to express my opinion as a<br />
juryman upon the facts I have mentioned, I should<br />
say that it was one of the terms on which these<br />
gentlemen were employed to write articles for the<br />
64<br />
<br />
« Encyclopedia,” that the copyright should belong<br />
to the proprietor, and I say so for this reason, ‘The<br />
‘* Encyclopeedia ” was to be his property, it was to be<br />
his book, he was to derive the benefit and profit to<br />
be derived from its publication ; and therefore I<br />
should assume that in buying the articles written<br />
by these gentlemen the inference 18 that both<br />
parties intended that the proprietor should have<br />
the right that was necessary for him to protect the<br />
property which he had purchased, and adequately<br />
to protect the enterprise for the purpose of which<br />
these articles were intended to be used. In my<br />
judgment he could not adequately protect the<br />
articles which he had purchased, or his property,<br />
in the book for the purpose of which the articles<br />
were written and purchased, without having the<br />
right to prevent an invasion—I hardly like to say<br />
of the copyright, but I must say of the copyright<br />
in those articles. ‘Therefore the inference I should<br />
draw would be the same as was drawn in the cases<br />
of Sweet v. Benning and Lamb v. Evans ; and for<br />
my part 1 am perfectly prepared to adopt every<br />
word of the judgment of Lord Justice Bowen, and<br />
that of Lord Justice Kay, as well as the judgments<br />
in the earlier cases. If I might choose one passage<br />
which I think expresses my meaning in better<br />
terms than I could use myself, I ask leave to read<br />
this passage from the judgment of Lord Justice<br />
Kay : “ What is the fair inference from the facts<br />
of the case? Surely the inference is that the<br />
man who is to go to the expense of printing and<br />
publishing this book will, as between him and the<br />
agents he may have employed to assist him in<br />
the compilation of it, have in himself whatever<br />
property the law will give him in that book.<br />
That is the inference I should certainly draw ;<br />
and, I think, in this case it is sufficiently clear, in<br />
the absence of evidence to the contrary, that the<br />
terms of employment of those several agents<br />
involved this, that the copyright in the portions<br />
of this book which they composed should belong<br />
to the owner of the book.”<br />
<br />
Lorp Rogertson.—My lords, in my opinion<br />
this case ought to have been decided on the<br />
authority of Sweet v. Benning and Lamd v. Evans,<br />
as furnishing a rule of inference applicable to the<br />
facts of the present case.<br />
<br />
I do not think that the conclusion which I sup-<br />
port is accurately described as inferring one of three<br />
statutory requirements from the existence of two.<br />
Whether that inference be legitimate or not must<br />
depend on the nature and on the other conditions<br />
of the employment ; and the cases to which I refer<br />
do nothing to take the question out of the region<br />
of fact. Butit is obvious that the facts of employ-<br />
ment and of payment stand in a different category<br />
from the terms on which employment and payment<br />
take place, those terms being necessarily an element<br />
<br />
THE AUTHOR.<br />
<br />
or ingredient in the employment, and not a separate<br />
or independent fact.<br />
<br />
Accordingly the view of the two Lords Justices<br />
about the three conditions all requiring, by the<br />
structure of the section, to be proved, really means<br />
that an express agreement about copyright must be<br />
proved, or the writer retains the copyright. Unable<br />
as I am to accept this view, which is opposed to the<br />
decision in Sweet v. Benning, and indeed was not<br />
supported by Mr. Scrutton, I am free to consider<br />
what is prima facie the proper inference ; and I<br />
prefer, on its merits and also from its authority,<br />
the inference of Sweet v. Benning.<br />
<br />
The result has been that the judgments of the<br />
two Courts below have been reversed and dis-<br />
charged and final judgment given that the action<br />
be dismissed with costs,<br />
<br />
aa ee<br />
<br />
OUR BOOK AND PLAY TALK.<br />
<br />
oe<br />
<br />
ROFESSOR J. E. GORE, F.R.A.S., M.R.LA.,<br />
<br />
who published recently a book entitled “‘ The<br />
<br />
Stellar Heavens: An Introduction to the<br />
<br />
Study of the Stars and Nebule” (Chatto and<br />
<br />
Windus), has in hand a work on the constella-<br />
<br />
tions, with special reference to the Persian astro-<br />
<br />
nomer, Al-Sufi’s, “‘ Description of the Fixed Stars,”<br />
<br />
written in the tenth century. This will probably<br />
<br />
be published early next year. Professor Gore has<br />
<br />
also nearly ready for the press a collection of popular<br />
<br />
articles on astronomical and other scientific sub-<br />
jects.<br />
<br />
Mr. de V. Payen-Payne, Hon. Treasurer of the<br />
Modern Language Association, Principal of Ken-<br />
sington Coaching College, &c., &c., is compiling a<br />
“ Scientific French Reader” for Messrs. Blackie; be<br />
is also editing a series of ‘‘Short French Readers’’<br />
for Mr. Nutt, and is correcting Cassell’s “ French<br />
Dictionary.” Then the Cambridge University Press<br />
will shortly publish an abridgment of Gautier’s<br />
“Voyage en Italie,” annotated by Mr, de VY.<br />
Payen-Payne.<br />
<br />
Mr. A. C. Benson has a study of Tennyson<br />
(Methuen’s “ Little Biographies”) coming out<br />
very soon; also a small selection of “ Whittier,”<br />
which is to be published by Messrs. Jack, of Hdin-<br />
burgh; while his “ Rossetti’? (Macmillan’s ‘* Men<br />
of Letters” series) is in the press. At the end of<br />
this year Mr. Benson resigns his mastership at<br />
Eton, which he has held for nineteen years, and<br />
he will take up, with Viscount Esher, the task of<br />
editing ‘Queen Victoria’s Correspondence from<br />
1837—1861.”<br />
<br />
Major Greenwood, M.D., L.L.B., has a novel in<br />
hand. His book, The Law Relating to the Poor<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
Law Medical Service,” is now being advertised by<br />
the medical press. Messrs. Bailli¢re, Tindall and<br />
Cox are the publishers of it. :<br />
<br />
Mr. James Baker, F.R.G.S., F.R.Hist.Soc., is<br />
now travelling in the East, and will be making a<br />
tour in the Holy Land. Before leaving Clifton he<br />
was engaged on a series of topographical articles,<br />
and he has completed a novel on Oxford life. He<br />
has been writing a great deal on technical educa-<br />
tion and technical agricultural education for the<br />
Leeds Agricultural College.<br />
<br />
Mr. Baker is also preparing several lectures for<br />
the early part of 1904 on Egypt, Russia, &c. He<br />
has lately written, too, an article on the life of<br />
Macaulay, using for it some of Macaulay’s hitherto<br />
unpublished letters.<br />
<br />
Mr. Wynford Dewhurst, R.B.A., will publish<br />
immediately through Messrs. Newnes & Co. his<br />
book, ‘‘ Impressionist Painting.’ Its price is 25s.,<br />
and it will contain some 50,000 words and about<br />
100 illustrations in monochrome and colours.<br />
There will be photographs and short biographies of<br />
leading impressionist artists. The whole is the out-<br />
come of many years ofart study, of friendships with<br />
the impressionist painters, and of strong conviction.<br />
<br />
Mr. G. B. Buckton, F.R.S., has recently published,<br />
through Messrs. Lovell, Reeve & Co., a “ Mono-<br />
graph of the Membracide.” The family of insects<br />
it treats of is only barely represented in this<br />
country. A review of the extraordinary develop-<br />
ment of the five hundred insects Mr. Buckton<br />
draws and colours is highly suggestive. Professor<br />
E. B. Poulton, of Oxford, adds a valuable chapter<br />
to illustrate the effects of protective mimicry,<br />
which he assigns as the principal cause of these<br />
highly specialised forms.<br />
<br />
This monograph professes to be only pioneering<br />
work in an almost unexplored region of entomology<br />
—yet the spread of these curious insects is almost<br />
world-wide. Their chiefly known homes are the<br />
two continents of America, though the Old World<br />
is also well represented,<br />
<br />
We note three important books by members<br />
of the Society. There are Lord Wolseley’s two<br />
volumes of “ Memoirs,’ just out; there is Sir<br />
Gilbert Parker’s “ Old Quebec,” written in col-<br />
laboration with Mr. Claude G. Bryan; and there<br />
is Mr. EK. K. Chambers’ ‘‘ The Medieval Stage,” in<br />
two volumes.<br />
<br />
Lord Wolseley is an active member of our Society.<br />
He wrote an account of the China War in 1860.<br />
He is, besides, the author of “The Soldier’s Pocket<br />
Book,” which went through several editions ; he<br />
has written books on Napoleon, and has contributed<br />
numerous articles to the leading magazines of<br />
England and America. Then last, but far from<br />
least, there are his two volumes on the great Duke<br />
of Marlborough,<br />
<br />
65<br />
<br />
The demand for the eighth edition of Lieut.-<br />
Colonel E. Gunter’s “ Officer’s Field Note and<br />
Sketch Book and Reconnaissance Aide-Mémoire,”<br />
published by Messrs. Wm. Clowes & Son, 23,<br />
Cockspur Street, Charing Cross, in August, hag<br />
been such that the edition is nearly exhausted.<br />
<br />
Mr. H. Rider Haggard’s novel, “ Stella Frege-<br />
lins,” appears at the beginning of next year. It<br />
is a mystical story of modern life. His romance,<br />
“The Brethren,” a tale of the Crusades, begins in<br />
Cassell’s Magazine next month. Mr. Hagvard is<br />
now engaged upon a sequel to “She,” and it will<br />
be published in the Windsor Magazine in due<br />
course.<br />
<br />
Sydney C. Grier is at present finishing a his-<br />
torical novel, which Messrs. Blackwood hope to<br />
publish in the spring. It is called “The Great<br />
Proconsul,” and deals with the Indian career of<br />
Warren Hastings, from his marriage in 1777<br />
to his return to England in 1785. The story is<br />
told in the first person by an inmate of his<br />
household, and aims at bringing out the lighter<br />
and more domestic side of his character, which is<br />
necessarily almost overlooked in the formal bio-<br />
graphies, while preserving the historical background<br />
intact.<br />
<br />
It is ten or twelve years since Sydney C. Grier<br />
began to collect the materials for this book, and<br />
for the past two years she has devoted herself to<br />
it exclusively, studying as little as possible the<br />
modern books written about Hastings, and as much<br />
as possible the immense mass of contemporary<br />
material still extant.<br />
<br />
Madame Albanesi is engaged on a novel, which,<br />
after serial production here, and in the United<br />
States, will be published in book form by Messrs.<br />
Methuen & Co. in England, and Messrs. McClure,<br />
Phillips & Co. in America.<br />
<br />
Madame Albanesi is also just finishing a series<br />
of stories for Zhe Onlooker, which are now running.<br />
Further, she is at work on a play—the dramatisa-<br />
tion of one of her own books—and she has certain<br />
serials to finish, which appear either anonymously<br />
or under a pen-name.<br />
<br />
The title of Miss Jean Middlemass’s novel “ Till<br />
Death Us Do Part” has been altered to “ Ruth<br />
Anstey,” owing to the fact that the former title has<br />
already been used,<br />
<br />
Mrs. Edith E. Cuthell’s new story for children<br />
will run as a serial in Cassell’s Little Folks in the<br />
last half of next year. Mrs, Cuthell, as in her<br />
early work “ Only a Guardroom Dog,” now in its<br />
second edition, tells of the life of an officer’s<br />
children and their pet. But the scene is now laid<br />
in India, and in the more remote and thrilling days<br />
of the Mutiny. The adventures are exciting, but<br />
all ends happily.<br />
<br />
Mr. F, Anstey has written a story for children<br />
66<br />
<br />
called “ Only Toys.” It contains numerous illus-<br />
trations by Mr. H. R. Millar, and tells how Santa<br />
Claus gave the gift of speech and movement to the<br />
toys belonging to a little boy and girl who con-<br />
sidered themselves too big and far too clever to play<br />
with them. Mr. Grant Richards is the publisher<br />
of “Only Toys.”<br />
<br />
. yes. Bright,” by Miss Montgomery-Campbell<br />
(Jarrolds, 1s. 6d.), a book of heroic deeds for lads,<br />
dedicated to the Church Lads’ Brigade, has just<br />
been published, and has received favourable notices<br />
from the provincial press. ‘The second edition of<br />
“Qld Days in Diplomacy,” which Miss Montgomery-<br />
Campbell was instrumental in bringing before the<br />
public, and for which she wrote a preface, is being<br />
widely read, and has been warmly praised by<br />
diplomatists. :<br />
<br />
Mrs. E. M. Davy’s new book of stories, “ Seven<br />
of Them,” was published the other day. All the<br />
tales contained in the volume have appeared in<br />
good English and American serials.<br />
<br />
Two of Miss R. N. Carey’s recent books, “ Rue,<br />
With a Difference,” and “Heart of Grace,” have<br />
been published in cheap standard editions. “A<br />
Passage Perilous” is being issued in Baron Tauch-<br />
nitz’s Continental series. a ov<br />
<br />
Norley Chester’s new book, “ Cristina,” is just<br />
out. It is published by Messrs. Swan Sonnen-<br />
schein.<br />
<br />
Messrs. Kegan Paul, Trench, Triibner & Co.<br />
have ready a new and cheaper edition of Mr.<br />
Austin Dobson’s ‘The Ballad of Beau Brocade,<br />
and Other Poems of the XVIIIth Century,”<br />
with fifty-five illustrations by Hugh Thomson,<br />
price 2s. 6d. net, and 3s. 6d. net. There is a<br />
special edition, limited to 250 copies, with all<br />
the illustrations coloured by hand, at 12s. net.<br />
<br />
In his “ Fanny Burney” (Messrs. Macmillan’s<br />
“ English Men of Letters ” series), Mr. Dobson has<br />
given us a study of the surroundings in which<br />
that famous novelist was brought up ; there is a<br />
detailed account of Evelina and Cecilia; and a<br />
condensed account of George III.’s Court as Miss<br />
Burney saw it, including a touching picture of the<br />
king’s madness.<br />
<br />
Owing to the success of Mr. Powis Bale’s work,<br />
“A Handbook for Steam Users,” Messrs. Crosby<br />
Lockwood & Son will publish immediately a com-<br />
panion volume entitled “Gas and Oil Engine<br />
Management.”<br />
<br />
Mr. A. B. C. Merriman Labor, of the Colonial<br />
Secretary’s Office, is issuing this month the second<br />
edition of his handbook on Sierra Leone for 1904<br />
and 1905. It is a treasury of information relating<br />
to the Colonial and municipal governments, trade,<br />
religion, education, army and navy, and every con-<br />
ceivable matter of interest connected with the<br />
Colony and its Protectorate. Its price is 3s. net,<br />
<br />
THE AUTHOR.<br />
<br />
and the publisher is Mr. John Heywood, of Man-<br />
chester.<br />
<br />
The American Register, published weekly in<br />
Paris and London (13, Rue Tronchet, and 20, Hay-<br />
market, W.), has decided to include each week a<br />
Supplement of Sports, without extra charge. Its<br />
<br />
rice is 1d.<br />
<br />
Mr. Haldane Macfall spent some three years<br />
over his novel, “The Masterfolk,”” published a<br />
short while ago by Mr. Heinemann. Curiously<br />
enough both Mr. Wells and Mr. Bernard Shaw<br />
touch close on the heels of the idea embodied in<br />
“The Masterfolk.” It is in the (psychic) air, no<br />
doubt. Oddly enough, Mr. Macfall’s first title, “ A<br />
Strenuous Life,” was filched, all unwitting, by the<br />
President of the United States; and the second<br />
one, “ Youth,” was taken in all ignorance by Mr.<br />
Conrad.<br />
<br />
The main scheme of the book is that of a youth<br />
and maiden of to-day awaking into the modern<br />
idea and the modern thought: old ideas lie crumb-<br />
ling, new ideals are all untried, and the two move<br />
forward with all the splendid insolence of youth to<br />
try them. To quote his own words :—<br />
<br />
“T look upon the novel as the great literary means of<br />
artistic expression to-day ; not as a mere tale, or a cold,<br />
polished marble unity, but as a splendid artistic instrument<br />
in which the prose of each chapter should leap to the mood<br />
of the idea expressed, moving in slow cadence of prose to<br />
the solemn mood, and skipping light-footedly to the jigging,<br />
lyrical emotions. . . . Well, in some hundred movements,<br />
or chapters if you will, I have tried to give emotionally<br />
the lives of this pair of humans, with the secondary<br />
harmonies of others, moving to the goal in which they<br />
would find the meaning of life.”<br />
<br />
Mr. Macfall is now at work on a comedy “ of<br />
the rollicking high-comedy complexion.”<br />
<br />
“‘My Lady’s Favour” is the title of a (one-act)<br />
Little Comedy in black and white, by Mary C.<br />
Rowsell and E Gilbert Howell. It is published by<br />
Samuel French, Limited, 26, Southampton Street,<br />
Strand. Miss Rowsell has also published two<br />
musical fairy-extravaganzas for private perform-<br />
ance, and “ Richard’s Play.” This last was written<br />
with Mr. Joseph J. Dilley.<br />
<br />
Mr. George Alexander will return to the St.<br />
James’s Theatre on January 28th, and will start<br />
with “ Old Heidelberg.”<br />
<br />
It stands at present that Mr. Tree will produce<br />
the Japanese play, “The Darling of the Gods,”<br />
on the 28th inst. Miss Lena Ashwell will take<br />
the part of Yo-San.<br />
<br />
Mr. Arthur Bourchier will produce Mr. J. L.<br />
Toole’s version of “‘The Cricket on the Hearth,”<br />
at the Garrick for a Christmas run. The music is<br />
by Mr. Edward Rickett.<br />
<br />
Mr. Seymour Hicks’ new musical play “The<br />
Cherry Girl” is to be produced at the Vaudeville<br />
on or about the 10th inst.; and Messrs. Seymour<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR. 67<br />
<br />
icks and Ivan Caryll’s new musical play “The<br />
Ouy Gil” is to be plied at the Adelphi on<br />
7th inst.<br />
ae date Mr. E. 8. Willard will revive<br />
“The Professor’s Love Story” at the St. James’s<br />
re.<br />
Tye Sideraand that Captain Basil Hood’s new<br />
comedy, “ Love in a Cottage,” will be produced at<br />
Terry’s Theatre early in 1904.<br />
<br />
When Miss Lena Ashwell was the guest of the<br />
New Vagabonds’ Club last month, Mr. A. E. W.<br />
Mason presided ; and amongst those present were<br />
Mr. and Mrs. Anthony Hope, Mrs. Arthur Stannard,<br />
Mrs. Heron-Maxwell, and Lady Colin Campbell.<br />
<br />
Mr. Haddon Chambers is in New York super-<br />
intending the rehearsal of his new play “The By-<br />
Path,” which is to be produced by Miss Annie<br />
Russell.<br />
<br />
—_—_ +o o-_<br />
<br />
PARIS NOTES.<br />
<br />
+--+<br />
<br />
HE literary season has begun in good earnest,<br />
and it is very evident that French authors<br />
have not all been holiday-making, as every<br />
<br />
week brings us a long list of new books, and the<br />
announcement of many new plays. Among the<br />
most interesting of the novels which have appeared<br />
during the last month is “Guilleri Guilloré,” by<br />
M. Charles Foley. The author has succeeded, as<br />
usual, in getting the atmosphere of the times<br />
about which he writes into his book. It is a novel<br />
which, though not precisely historical, treats of<br />
historical personages. The scene is laid in La<br />
Vendée, that heroic province of France, the history<br />
of which M. Foley has studied so thoroughly that<br />
he is now considered one of the greatest authorities<br />
on the subject.<br />
<br />
The plot of this new novel is based on an episode<br />
connected with the last of the Legitimist con-<br />
spiracies of 1832. ‘The famous Duchess of Berry<br />
has returned from exile and landed on the French<br />
coast, hoping to excite a movemeni i favour of<br />
her son. She finds friends in ua Vendée who are<br />
willing to risk their fortunes and even their lives<br />
in the cause of the young prince. The exploits of<br />
the courageous and fascinating young duchess,<br />
her wanderings in disguise, and her hairbreadth<br />
escapes are graphically described by M. Foley.<br />
Guilloré is a young aristocrat who, thanks to his<br />
fallen fortunes, political opinions, and the troubled<br />
times in which he lives, is separated from his<br />
fiancée. He, too, in his wanderings through La<br />
Vendée, takes his life in his hands, for, although he<br />
is not in the conspiracy, he runs the same risk ag<br />
the duchess, whom he meets disguised as a young<br />
man. He recognises her, but is too chivalrous to<br />
<br />
let her know this until he has escorted her in<br />
safety to her destination.<br />
<br />
The whole story of the political intrigue and<br />
the treachery of the man who betrays her is<br />
woven into M. Foley’s novel.<br />
<br />
From the first page to the last the book is<br />
captivating, with its melancholy Vendean atmo-<br />
sphere and its well-defined types of aristocrat,<br />
bourgeois and peasant. Most dramatic, too, are<br />
many of the incidents, and intensely so the scene<br />
in the street, when the duchess has been captured<br />
and is being led on foot through a dense crowd of<br />
spectators. Guilloré and his fiancée are there, too,<br />
watching with deep pity and dreading lest any<br />
word of insult should be uttered by the people.<br />
When the duchess reaches him, Guilloré, alone in<br />
all that vast assembly, takes off his hat and stands<br />
bareheaded as she passes by. The effect of his<br />
action is instantaneous, and all the men with one<br />
accord “in dead silence follow his example, moved<br />
with a feeling of respect and pity for the vanquished<br />
heroine.”’<br />
<br />
“T’Hau souterraine,” by MM. Paul and Victor<br />
Margueritte, can scarcely be called a novel. It is<br />
a most charming psychological study woven into<br />
a romance. Aicha is the daughter of an Arab<br />
chief who has been compelled to submit to French<br />
rule. On seeing that further rebellion is in vain,<br />
he not only bows to the inevitable but he deter-<br />
mines to make the best of it. He is soon on<br />
friendly terms with his conquerors, who find him<br />
most useful in his native country, so that as time<br />
goes on he is able to take a high official post under<br />
the new dispensation.<br />
<br />
In order to flatter the French he educates his<br />
little girl in the European way, with the result<br />
that she marries one of the French officers. The<br />
great interest of the book lies in the conflict waged<br />
in the Arab soul between the great force of<br />
atavism and the new interests which come into the<br />
girl’s life. With her native intelligence and tact<br />
she is able to take her position as an officer’s wife<br />
in French society, and, through her deep affection<br />
for her husband, she becomes as it were a French-<br />
woman at heart. But when through a terrible<br />
catastrophe she is suddenly left a widow, the bond is<br />
snapped which has held her to her adopted country,<br />
and she returns to her native land to finish her<br />
days as an Arab woman. It is the dme invisible<br />
which is the “Eau souterraine,” as the author<br />
explains most poetically at the close of the book.<br />
<br />
“Une source vive jaillit de la terre... Elle<br />
orne la montagne et vivifiela plaine . . . Soudain,<br />
source, ruisseau, riviére, l’eau qu’on voyait a dis-<br />
paru . . . Mais tout & coup, a quelques kilometres<br />
ou & quelques lieues, l’eau qu’on croyait perdue,<br />
de nouveau surgit Ame invisible, eau<br />
souterraine.”<br />
68<br />
<br />
“T’Enfant 2 la Balustrade,” by M. René Boy-<br />
lesve, is another delightful story without any<br />
strong plot. It treats of provincial life and is<br />
supposed to be told by a boy. We can only say<br />
that, considering his age, the boy was marvellously<br />
observant and philosophical. It is the history of<br />
a certain M. Nadaud, a notary, in one of those<br />
country towns where everyone attends to his neigh-<br />
bour’s affairs. M. Nadaud is unfortunate enough<br />
to offend the great man of the town by purchasing<br />
a house which the said great man had intended to<br />
buy. This apparently simple incident is the great<br />
theme of the book. The notary has to endure all<br />
kinds of tribulations and humiliations, and we are<br />
introduced to nearly all the inhabitants of the<br />
town, for the silent quarrel between the wealthy<br />
man who keeps open house, and Monsieur Nadaud<br />
is a great and momentous event in which every<br />
person for miles round is concerned. _<br />
<br />
M. Boylesve excels in these provincial sketches,<br />
and succeeds admirably in taking his reader away<br />
from the rush and turmoil of city life to little, out-<br />
of-the-world places, where the inhabitants are<br />
entirely taken up with their own small interests<br />
and rarely give a thought to what is happening<br />
beyond the boundary of their own town.<br />
<br />
Madame Gautier has published the new volume<br />
of her Memoirs as the “ Second Rang du Collier.”<br />
This second volume is, perhaps, even more interest-<br />
ing than the first one. Another book of souvenirs<br />
which will be read with pleasure is “ La Cour et la<br />
Société du Second Empire,” the second series of<br />
which M. James de Chambrier has just published.<br />
There are in all about forty chapters, containing<br />
anecdotes and impressions, collected by the author,<br />
about the various literary men, artists and histori-<br />
cal personages of that epoch. There is a chapter<br />
on “ Thiers et Jules Simon,” another on “ Duruy<br />
et Napoléon III.,” some interesting notes about<br />
Gambetta Pasteur, Caro et l’Impératrice, the<br />
“Salons of Mme. Aubernon and Mme. Adamand,”<br />
various anecdotes in connection with the Embassies.<br />
Among the persons of interest who figure in this<br />
book are also Gounod, Sardou, Sarcey, Octave<br />
Fenillet, Mérimée, Augier, Rosa Bonheir, Sainte-<br />
Beuve, Renan, Lamartine, Coppée, Dumas, Georges<br />
Sand, Maupassant, Balzac, Rachel, Madame Patti,<br />
Alphonse Daudet, and many others.<br />
<br />
“Monsieur de Migurac, ou Le Marquis Philo-<br />
sophe,” by M. André Lichtenberger, is the story of<br />
the life and adventures of a “ gentilhomme péri-<br />
gourdin,” born in the year 1741, and is curious as<br />
a study of habits and customs.<br />
<br />
“Ernest Renan en Bretagne” is a new bio-<br />
graphy compiled by M. René d’Ys.<br />
<br />
M. Anatole France has also published, in pam-<br />
phlet form, an excellent résumé of the work of<br />
Ernest Renan. It is in reality the “Discours”<br />
<br />
THE AUTHOR.<br />
<br />
pronounced by M. France on the occasion of the<br />
inauguration of Renan’s statue at Tréguier, and<br />
gives an admirable idea of the great savant, both<br />
as a man and as a conscientious thinker and<br />
writer.<br />
<br />
“Forces Perdues ” is the title of the new volume<br />
by Pierre Baudin.<br />
<br />
“ Petites Confessions,” by M. Paul Acker, will<br />
appeal to amateurs of what is generally known as<br />
“literary gossip.” The volume consists of a series<br />
of articles entitled “ Visites” and “ Portraits<br />
Littéraires,” which have appeared in one of the<br />
Parisian dailies.<br />
<br />
Among the most interesting articles in the<br />
French Reviews are the following :—<br />
<br />
In the Revue des Deux Mondes—“ La Facheuse<br />
Equivoque,” a criticism by M. Brunetiére of “La<br />
Religion d’autorité et la Religion de I’ esprit.”<br />
<br />
The “ Correspondance inédite de Sainte-Beuve ”<br />
is also being continued in this review, and the<br />
serial story by Mrs. Humphry Ward, “ La Fille de<br />
Lady Rose.”<br />
<br />
Another serial translated from the English is<br />
“ Anticipations,” by H. G. Wells, in La Grande<br />
Revue.<br />
<br />
In this review there is an excellent article by<br />
M. C. Bouglé, ‘Contre le Darwinisme social ”<br />
(Les Conditions humaines de la lutte pour la vie).<br />
<br />
In La Renaissance Latine there ig an article<br />
by M. Loiseau on “La Russie et les réformes<br />
intérieures,”<br />
<br />
- In La Revue, M. d’Estournelles de Constant<br />
writes on “Le Mouvement pacifique,” and speaks<br />
in the highest terms of M. Roosevelt.<br />
<br />
There is also an article with some telling<br />
statistics, by M. Lefévre, entitled, “ Comment<br />
reconquerir la beauté, la force et la santé.”<br />
<br />
“Les Anglais dans le roman francais moderne”<br />
is the title of an article by M. Leblond in the same<br />
review.<br />
<br />
The Weekly Critical has opened an enquiry on<br />
“Le Roman contemporain,’ and publishes the<br />
letters of Madame Daudet, M. de Régnier, M.<br />
Boylesve, Rachilde, and M. Albert Cim on the<br />
subject.<br />
<br />
The great theatrical events of the month have<br />
been the production of the two plays, “L’Adver-<br />
saire,” by MM. Capus and E. Aréne, and “ Jeanne<br />
Vedekind,” by M. Philippi. In the latter piece<br />
Mme. Sarah Bernhardt plays the part of a mére<br />
tragique to perfection, proving once more that a<br />
true artiste can adapt herself to any réle.<br />
<br />
“L’Adversaire” is an immense success, both<br />
from a literary and dramatic point of view, and<br />
M. Guitry scores another triumph.<br />
<br />
M. Antoine has been playing “La Guerre au<br />
Village,” by M. Trarieux, which is more or less a<br />
political piece.<br />
<br />
<br />
<br />
<br />
en<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
M. Bour has been fortunate in securing the play<br />
by M. Jacques Richepin, “ Cadet Roussel,” as it<br />
seems likely to have a long run, and M. Richepin<br />
is also fortunate in having his piece interpreted by<br />
an artiste of M. Bour’s talent and ability.<br />
<br />
The result of the differences between M. Porel<br />
and Mme. Réjane will probably be to change the<br />
Vaudeville programme considerably, and it is<br />
rumoured that Mme. Réjane will take a theatre<br />
of her own.<br />
<br />
As regards the success of a play, judged by a<br />
long run, we have an example in M. Pierre<br />
Decourcelle’s “ Deux Gosses,” (“ Two Little Vaga-<br />
bonds.”)<br />
<br />
A short time ago the author feted the thousandth<br />
representation of this piece, and since then it has<br />
been given a hundred times more. Reckoning the<br />
representations in countries for which it has not<br />
been sold outright, the piece has been played more<br />
than ten thousand times.<br />
<br />
Mile. Héléne Réyé, who created the réle of<br />
Clandinet, and played it 750 consecutive nights,<br />
is taking the same part now that it has been put<br />
on again. She has since then created Gavroche,<br />
in “Les Misérables,” and is certainly inimitable<br />
as the Parisian street arab.<br />
<br />
There are several important plays now being<br />
rehearsed, among‘others “ Le Retour de J érusalem ”<br />
and “ L’ Absent.”<br />
<br />
Auys HaLLArD.<br />
<br />
—____——_+—>—_-_<br />
<br />
“C.K. 8.” AND THE SOCIETY.<br />
<br />
—<br />
<br />
EMBERS of the Society will recollect that<br />
<br />
in the November number of Zhe Author<br />
<br />
a case was reported, in which Mr. John<br />
<br />
Long was the defendant, relating to a lost MS.,<br />
<br />
and a reply was made to some comments there-<br />
<br />
on printed in The Sphere by the writer signing<br />
himself “C. K. 8.”<br />
<br />
In the number of The Sphere for the 14th of<br />
November “CO. K. 8.” returned to the action of<br />
the Society in the case, in a statement of consider-<br />
able length, which occupied a column and a half,<br />
and contained over 1,100 words, comprising a<br />
number of inaccuracies and incorrect inferences<br />
both in fact and in law.<br />
<br />
Consequently, on November 20th the Secretary<br />
of the Society addressed to the Editor of a letter<br />
correcting some of the more material errors into<br />
which “C, K. 8.” had fallen.<br />
<br />
For brevity’s sake, minor matters, such as the<br />
statement that “C. K. S.,” who had no personal<br />
acquaintance with the publisher, happened to be<br />
in Court, whereas the case was heard in Chambers—<br />
<br />
THE AUTHOR.<br />
<br />
69<br />
<br />
where only those engaged in the suit or friends of<br />
the parties could be present—were not noticed.<br />
<br />
The letter was in the following terms :—<br />
<br />
S1r,—It is needless for me to discuss the article over the<br />
signature of “ C, K. 8.” in the issue of The Sphere of Novem-<br />
ber 14th point by point, as the statement of the case already<br />
put forward in the November number of The Author answers<br />
sufficiently the major parts of the arguments, There are<br />
some points, however, which must be corrected.<br />
<br />
1. On the question touching the value of the plaintiff's<br />
literary productions ; she received £50 and not £30 as<br />
stated in your paper for her MS. There was ample evidence<br />
besides of acceptances and payments and of the value of<br />
her work.<br />
<br />
2. The MS. was handed in at Mr. Long’s office to a<br />
gentleman whom the author was told was Mr. Long, and<br />
accepted for consideration without conditions. The alleged<br />
condition which you have printed in full cannot affect the<br />
arrangement, as the letter containing it was sent to the<br />
author subsequently.<br />
<br />
3. I regret to state that you are entirely misrepresenting<br />
the facts when you say that I have made an incorrect<br />
statement of the evidence. The facts were obtained from<br />
the learned counsel who acted on behalf of the Society, and<br />
if anything the statement does not put the matter suffi-<br />
ciently in our favour. It is true that the Manager of the<br />
London Parcel’s Delivery Company stated that he did not<br />
sign for every parcel received, his reason being that people<br />
did not necessarily demand a receipt, but he produced his<br />
day sheet on which the name and address of every parcel<br />
coming into the office is entered. The date and the name<br />
of the receiving office had already been furnished by the<br />
publisher himself, and on the day sheet of the office on the<br />
date mentioned no parcel addressed to the plaintiff was<br />
entered. It is the essence of the case that the evidence<br />
produced by Mr. Long entirely failed to satisfy the learned<br />
master that the parcel was despatched, indeed his own<br />
counsel admitted this.<br />
<br />
The object of the Society is not, as you suggest, to spend.<br />
its money on the petty persecution of publishers, but one<br />
of its objects is to have the legal relations between authors<br />
and editors or publishers definitely settled in as many<br />
points as possible.<br />
<br />
I remain,<br />
Yours faithfully,<br />
(Signed) G. HERBERT THRING.<br />
<br />
Readers will gather from the Secretary’s letter<br />
the nature of the main statements he thought<br />
it expedient to notice, while any members of<br />
the Society who wish to refer to the number of<br />
The Sphere containing them can do so at the<br />
Society’s office.<br />
<br />
The Editor of Zhe Sphere has not thought fit<br />
to publish this letter, as he had, on the 24th of<br />
November, undertaken, in writing, to do. The<br />
ground he alleges is that “it is too long for publi-<br />
cation,’’ to say nothing of being rather “truculent.”<br />
He has preferred to give a partial paraphrase of<br />
it so as to suit his own argument.<br />
<br />
Of the truculence of the letter readers can judge<br />
for themselves. As to its length, it contains 388<br />
words: is therefore a third of the length of the<br />
article to which it was a reply.<br />
<br />
In his final note, published in Zhe Sphere of<br />
the 28th of November—in which the Secretary’s<br />
letter was not published—“C. K. 8.” sets out his<br />
70<br />
<br />
indictment against the Society in the following<br />
erms :—<br />
<br />
“T urge that the Society has no business what-<br />
ever to persecute publishers over the question of<br />
the return or non-return of MSS., and, further,<br />
that the Society itself has a rule which com-<br />
pletely stultifies its action to the effect that it<br />
does not hold itself responsible for the safe return<br />
of manuscripts sent to it.”<br />
<br />
We can one suppose that in “CO. K. 8.’s” dic-<br />
tionary “persecute” is defined as equivalent to<br />
“enforce legal responsibilities,’ while his reference<br />
to the rule of the Society seems to prove that he<br />
still fails to understand the legal position and the<br />
bearing of the facts on this position. To insert<br />
into a contract conditions made subsequently at<br />
the will of either party is neither legally nor<br />
morally justifiable. :<br />
<br />
“C. K.8.” further illustrates the confusion of<br />
his mind on legal matters by referring to the case<br />
of Aflalo ». Lawrence and Bullen, as an action<br />
that has the appearance of a “legal vendetta ”—<br />
to say the least, a fantastic description of a case<br />
in which three judges decided on one side against<br />
five on the other, and which owed its carriage<br />
through three Courts to the action, not of the<br />
Plaintiff, but of the Defendants.<br />
<br />
We are convinced that the majority of the mem-<br />
bers of the Society will not grudge the expenditure<br />
which has led to a final decision on a point of<br />
law so obscure and so important to every British<br />
Author.<br />
<br />
————_ +<br />
<br />
THE CONTRACT OF BAILMENT.<br />
<br />
——+-—<—<br />
<br />
HE question of the responsibility of editors<br />
8 and publishers for MSS. left or sent to their<br />
offices is one that is constantly recurring,<br />
<br />
An interesting case against Mr. John Long<br />
which bears on this subject has been published,<br />
but it may be of profit to consider the matter from<br />
@ more general point of view.<br />
<br />
We have before us a letter from one editor who<br />
distinctly states that he is not responsible—we do<br />
not know on what facts he bases his deductions—<br />
and another editor referring to the case above<br />
quoted made the following statement: “It is<br />
extraordinary that an author may plant MSS, un-<br />
invited upon an editor or a publisher, actually<br />
leaving them at his offive, and that the editor or<br />
publisher should be in any way responsible for<br />
their safe return,” and goes on to say, on the<br />
authority of some lawyer (name not mentioned),<br />
“that if the publisher had not invited the delivery<br />
of the MS. he does not believe he would be legally<br />
responsible for its safe return.”<br />
<br />
THE AUTHOR.<br />
<br />
This last statement is, of course, begging the<br />
question, the real point being whether the pub-<br />
lisher or editor invites MSS. from authors or not—<br />
either expressly or impliedly. What is the general<br />
rule ?<br />
<br />
Is it possible to maintain that a publisher or an<br />
editor with an advertised address does not set<br />
himself up as a mark at which authors should<br />
aim their MSS.; can it be maintained that an<br />
editor or a publisher is merely a gratuitous bailee,<br />
and that he does not receive and deal with MSS.<br />
for his own benefit, though put forward unsolicited ?<br />
Would not any editor be greatly hurt if he did not<br />
receive the opportunity of considering, with a view<br />
to publication, the MSS. of his best friend—some<br />
popular author—if the author put forward the<br />
reason that the editor shunned responsibility ?<br />
<br />
Let us reverse the argument. Is there any<br />
publisher who lives by publishing books that come<br />
to him as the result of his written orders only, or<br />
is there any editor who issues his magazine com-<br />
posed of nothing but ordered articles? In the<br />
case of the publisher the answer must be absolutely<br />
in the negative. In the case of the editor of a<br />
magazine or newspaper it may be that one, or<br />
perhaps two, out of many hundreds never print<br />
any but solicited articles. If, then, this is the case,<br />
if MSS. are sent in for the benefit of the publisher<br />
or editor as well as the author, then the publisher<br />
or editor must be more than a mere gratuitous<br />
bailee. The bailment must be considered for the<br />
benefit of both parties.<br />
<br />
Some editors and publishers try to rid them-<br />
selves of their responsibility, legal or moral, by a<br />
process of bluff, others by placing notices some-<br />
where in their papers—in some cases in fairly<br />
conspicuous positions, in others mixed up amongst<br />
the advertisements, where an author would hardly<br />
see them.<br />
<br />
The Society has taken counsel’s opinion with<br />
regard to this custom of inserting notices and the<br />
responsibilities of the editors under these notices.<br />
Counsel is of opinion that if the author knew of<br />
the notice the MS. would be considered to be sent<br />
up subject to the terms contained in that notice,<br />
but it would lie with the publisher or editor to<br />
prove that the author was cognisant of the terms.<br />
<br />
If the author was not cognisant of the notice,<br />
then the question would arise under the facts<br />
already put forward. Is a MS. sent in for the<br />
benefit of both parties or not ? Under the present<br />
custom the question is beyond doubt that the MS.,<br />
though unsolicited in express terms, is clearly sent<br />
in for the benefit of both parties. Under these<br />
circumstances the publisher or editor is more than<br />
a mere gratuitous bailee, and would be responsible<br />
<br />
accordingly.<br />
GQ. BT.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
WARNINGS TO THE PRODUCERS<br />
OF BOOKS.<br />
<br />
<br />
<br />
ERE are a few standing rules to be observed in an<br />
agreement. There are four methods of dealing<br />
with literary property :—<br />
<br />
I. Selling it Outright.<br />
<br />
This is sometimes satisfactory, if a proper price can be<br />
obtained. But the transaction should be managed by a<br />
competent agent, or with the advice of the Secretary of<br />
the Society.<br />
<br />
Il. A Profit-Sharing Agreement (a bad form of<br />
agreement).<br />
<br />
In this case the following rules should be attended to:<br />
<br />
Ci.) Not to sign any agreement in which the cost of pro-<br />
duction forms a part without the strictest investigation.<br />
<br />
(2.) Not to give the publisher the power of putting the<br />
profits into his own pocket by charging for advertisements<br />
in his own organs, or by charging exchange advertise-<br />
ments. Therefore keep control of the advertisements.<br />
<br />
3.) Not to allow a special charge for ‘office expenses,”<br />
unless the same allowance is made to the author.<br />
<br />
(4.) Not to give up American, Colonial, or Continental<br />
rights.<br />
<br />
(5.) Not to give up serial or translation rights.<br />
<br />
(6.) Not to bind yourself for future work to any publisher.<br />
As well bind yourself for the future to any one solicitor or<br />
doctor !<br />
<br />
IiI. The Royalty System.<br />
<br />
This is perhaps, with certain limitations, the best form<br />
of agreement. It is above all things necessary to know<br />
what the proposed royalty means to both sides. It isnow<br />
possible for an author to ascertain approximately the<br />
truth. From time to time very important figures connected<br />
with royalties are published in Zhe Author.<br />
<br />
IY. A Commission Agreement.<br />
<br />
The main points are :—<br />
<br />
(1.) Be careful to obtain a fair cost of production.<br />
(2.) Keep control of the advertisements.<br />
<br />
(3.) Keep control of the sale price of the book.<br />
<br />
General.<br />
<br />
All other forms of agreement are combinations of the four<br />
above mentioned.<br />
<br />
Such combinations are generally disastrous to the author.<br />
<br />
Never sign any agreement without competent advice from<br />
the Secretary of the Society.<br />
<br />
Stamp all agreements with the Inland Revenue stamp.<br />
<br />
Avoid agreements by letter if possible.<br />
<br />
The main points which the Society has always demanded<br />
from the outset are :—<br />
<br />
(.) That both sides shall know what an agreement<br />
means.<br />
<br />
(2.) The inspection of those account books which belong<br />
tothe author. We are advised that this is a right, in the<br />
nature of a common law right, which cannot be denied or<br />
withheld.<br />
<br />
(3.) Always avoid a transfer of copyright.<br />
<br />
——————_ +<br />
<br />
WARNINGS TO DRAMATIC AUTHORS.<br />
<br />
ee<br />
EVER sign an agreement without submitting it to the<br />
Secretary of the Society of Authors or some com-<br />
petent legal authority.<br />
2. [t is well to be extremely careful in negotiating for<br />
the production of a play with anyone except an established<br />
manager.<br />
<br />
THER AUTHOR. 71<br />
<br />
3. There are three forms of dramatic contract for plays<br />
in three or more acts :—<br />
<br />
(a.) Sale outright of the performing right. This<br />
is unsatisfactory. An author who enters into<br />
such a contract should stipulate in the contract<br />
for production of the piece by a certain date<br />
and for proper publication of his name on the<br />
play-bills.<br />
<br />
(b.) Sale of performing right or of a licence to<br />
perform on the basis of percentages on<br />
gross receipts. Percentages vary between 5<br />
and 15 per cent. An author should obtain a<br />
percentage on the sliding scale of gross receipts<br />
in preference to the American system. Should<br />
obtain a sum inadvance of percentages. A fixed<br />
date on or before which the play should be<br />
performed.<br />
<br />
(¢e.) Sale of performing right or of a licence to<br />
perform on the basis of royalties (i.c., fixed<br />
nightly fees). This method should be always<br />
avoided except in cases where the fees are<br />
likely to be small or difficult to collect. The<br />
other safeguards set out under heading (0.) apply<br />
also in this case.<br />
<br />
4. Plays in one act are often sold outright, but it is<br />
better to obtain a small nightly fee if possible, and a sum<br />
paid in advance of such fees in any event. It is extremely<br />
important that the amateur rights of one-act plays should<br />
be reserved.<br />
<br />
5. Authors should remember that performing rights can<br />
be limited, and are usually limited, by town, country, and<br />
time. This is most important.<br />
<br />
6. Authors should not assign performing rights, but<br />
should grant a licence to perform. The legal distinction is<br />
of great importance.<br />
<br />
7. Authors should remember that performing rights in a<br />
play are distinct from literary copyright. A manager<br />
holding the performing right or licence to perform cannot<br />
print the book of the words.<br />
<br />
8. Never forget that United States rights may be exceed-<br />
ingly valuable. ‘'hey should never be included in English<br />
agreements without the author obtaining a substantial<br />
consideration.<br />
<br />
9. Agreements for collaboration should be carefully<br />
drawn and executed before collaboration is commenced.<br />
<br />
10, An author should remember that production of a play<br />
is highly speculative: that he runs a very great risk of<br />
delay and a breakdown in the fulfilment of his contract.<br />
He should therefore guard himself all the more carefully in<br />
the beginning.<br />
<br />
11. An author must remember that the dramatic market<br />
is exceedingly limited, and that for a novice the first object<br />
is to obtain adequate publication.<br />
<br />
As these warnings must necessarily be incomplete, on<br />
account of the wide range of the subject of dramatic con-<br />
tracts, those authors desirous of further information<br />
are referred to the Secretary of the Society.<br />
<br />
<br />
<br />
He<br />
<br />
WARNINGS TO MUSICAL COMPOSERS,<br />
—_1—~@—+ —.<br />
<br />
ITTLE can be added to the warnings given for the<br />
assistance of producers of books and dramatic<br />
authors. It must, however, be pointed out that, as<br />
<br />
a rule, the musical publisher demands from the musical<br />
composer a transfer of fuller rights and less liberal finan-<br />
cial terms than those obtained for literary and dramatic<br />
property. The musical composer has very often the two<br />
<br />
rights to deal with—performing right and copyright, He<br />
72<br />
<br />
should be especially careful therefore when entering into<br />
an agreement, and should take into particular consideration<br />
<br />
the warnings stated above.<br />
<br />
———— oo<br />
<br />
HOW TO USE THE SOCIETY.<br />
<br />
—<br />
<br />
i VERY member has a right to ask for and to receive<br />
K advice upon his agreements, his choice of a pub-<br />
lisher, or any dispute arising in the conduct of his<br />
business or the administration of his property. | The<br />
Secretary of the Society is a solicitor, but if there is any<br />
special reason the Secretary will refer the case to the<br />
Solicitors of the Society. Further, the Committee, if they<br />
deem it desirable, will obtain counsel's opinion. All this<br />
without any cost to the member.<br />
<br />
2. Remember that questions connected with copyright<br />
and publishers’ agreements do not fall within the experi-<br />
ence of ordinary solicitors. Therefore, do not scruple to use<br />
<br />
the Society.<br />
<br />
3. Send to the Office copies of past agreements and past<br />
accounts, with a copy of the baok represented. The<br />
Secretary will always be glad to have any agreements, new<br />
or old, for inspection and note. The information thus<br />
obtained may prove invaluable.<br />
<br />
4. Before signing any agreement whatever, send<br />
the document to the Society for examination,<br />
<br />
5. Remember always that in belonging to the Society<br />
you are fighting the battles of other writers, even if you<br />
are reaping no benefit to yourself, and that you are<br />
advancing the best interests of your calling in promoting<br />
the independence of the writer, the dramatist, the composer.<br />
<br />
6. The Committee have now arranged for the reception<br />
of members’ agreements and their preservation in a fire-<br />
proof safe. The agreements will, of course, be regarded as<br />
confidential documents to be read only by the Secretary,<br />
who will keep the key of the safe. The Society now offers :<br />
—(1) To read and advise upon agreements and to give<br />
advice concerning publishers. (2) To stamp agreements<br />
in readiness for a possible action upon them. (3) To keep<br />
agreements. (4) To enforce payments due according to<br />
agreements. Fuller particulars of the Society's work<br />
can be obtained in the Prospectus.<br />
<br />
7. No contract should be entered into with a literary<br />
agent without the advice of the Secretary of the Society.<br />
Members are strongly advised not to accept without careful<br />
consideration the contracts with publishers submitted to<br />
them by literary agents, and are recommended to submit<br />
them for interpretation and explanation to the Secretary<br />
of the Society.<br />
<br />
8. Many agents neglect to stamp agreements. This<br />
must be done within fourteen days of first execution. The<br />
Secretary will undertake it on behalf of members. :<br />
<br />
9. Some agents endeavour to prevent authors from<br />
referring matters to the Secretary of the Society ; so<br />
do some publishers. Members can make their own<br />
deductions and act accordingly.<br />
<br />
10. The subscription to the Society is £1 41s. per<br />
annum., or £10 10s. for life membership.<br />
<br />
THE AUTHOR.<br />
<br />
THE READING BRANCH. .<br />
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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 />
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NOTICES.<br />
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Communications for Zhe Author should be addressed to<br />
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the 21st of each month. :<br />
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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 />
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<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 />
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THE AUTHOR. 73<br />
<br />
AUTHORITIES.<br />
<br />
Se En ie seh a<br />
<br />
Tue case of Aflalo and Cook v. Lawrence and<br />
Bullen has now been finally decided. Judgment<br />
was given in the House of Lords on November<br />
13th, and is fully reported in another part of The<br />
Author.<br />
<br />
We feel sure that members of the Society will<br />
be glad that a point of Copyright Law of genuine<br />
interest to all writers has been decided. The<br />
Committee took up the question when it first came<br />
before them—after full consideration and on the<br />
advice of Counsel—as a matter of principle, the<br />
amount of money involved being small. In the<br />
Court of First Instance the plaintiffs were successful.<br />
If the case had gone against the Society it is an<br />
open question whether the Committee would have<br />
considered it sufficiently important to carry to a<br />
higher Court, but in the circumstances there was<br />
no choice, as the defendants, against whom the<br />
judgment stood, took the matter to the Court of<br />
Appeal. Here, the plaintiffs, Messrs. Aflalo and<br />
Cook, again obtained a judgment in their favour<br />
by the opinions of two judges against one. Lord<br />
Justice Romer and Lord Justice Stirling decided<br />
against the appellants, Lord Justice Vaughan<br />
Williams dissenting. The appellants were not<br />
satisfied, and determined to take the verdict of the<br />
last appeal—the House of Lords. Again the Com-<br />
mittee had no choice: they were bound to go on<br />
with the case. In the House of Lords the judges<br />
were unanimously in favour of the appellants, and<br />
the Society therefore became responsible for the<br />
costs. Apart from this incident, which is of<br />
course unfortunate, the Committee see no reason<br />
to regret their action, which will, they feel confi-<br />
dent, receive the support of the members. The<br />
ease has resulted in the elucidation of an important<br />
and difficult point of copyright law : how difficult<br />
may be judged by the fact that the matter was decided<br />
by the smallest majority possible out of eight judges<br />
before whom the case was argued, that is by five<br />
against three. This alone proves the need there<br />
was for a definite deeision, and justifies the action<br />
of those who were of opinion that it was a proper<br />
case to fight in the first instance.<br />
<br />
It may be well to add that of the many cases<br />
which have received the support of the Committee<br />
this is the first in the Superior Courts in which<br />
judgment has been given adverse to the Society.<br />
<br />
We hope in a subsequent number of The Author<br />
to give in detail the alterations that it will be<br />
necessary for members of the Society to make,<br />
owing to the decision, in their methods of marketing<br />
<br />
their literary wares.<br />
<br />
Mempers of the Society will no doubt remember<br />
that some months ago the Committee made, through<br />
a letter signed by Mr. George Meredith, their<br />
President, and the Chairman, an appeal to the<br />
public for a sum sufficient to enable them to hand<br />
over a replica of the Besant Memorial about to be<br />
unveiled in the crypt of St. Paul’s, to the London,<br />
County Council, in order that it might, under their<br />
auspices, be erected in some suitable site on the<br />
Thames Embankment.<br />
<br />
The appeal thus made has produced substantial<br />
results, but a further sum of about £40 is required<br />
to enable the proposal adequately to be carried out.<br />
There are, it is believed, many members of the<br />
Society who would be glad to see such a public<br />
recognition of an important side of Sir Walter<br />
Besant’s active life, his love of London and efforts<br />
for its improvement.<br />
<br />
A Memorial in St. Paul’s can at best be seen but<br />
rarely and by comparatively few, and this considera-<br />
tion has had weight not only with the Committee,<br />
but also with the sculptor, Mr. Frampton, who is<br />
ready to provide the duplicate at what is practically<br />
cost price.<br />
<br />
Remittances should be made payable to The<br />
Secretary, the Society of Authors, 39, Old Queen<br />
Street, Storey’s Gate, S.W.<br />
<br />
A list of subscribers will be published in a<br />
subsequent issue.<br />
<br />
WE have before us a circular sent out by the<br />
Authors’ Association, of which the Central Offices<br />
are at Darlington, and Mr. Galloway Kyle is the<br />
Secretary, inviting authors or intending authors<br />
to become members.<br />
<br />
This is the association to which reference was<br />
made in our number for April (1903). Its title<br />
easily lends itself to confusion with our Society.<br />
We therefore think it well to warn our readers<br />
against any possible mistake. '<br />
<br />
The fact that a well known publisher is a Vice-<br />
President of the Authors’ Association is perhaps<br />
sufficient evidence of the distinction of aims between<br />
the two bodies.<br />
<br />
WE are glad to see that the corporation of<br />
Portsmouth have acquired the birthplace of Charles<br />
Dickens with the intention of retaining it as a<br />
permanent museum of “ the relics, manuscripts, and<br />
writings of the great author.” This is an interest-<br />
ing fact, and speaks well for the increasing popu-<br />
larity of one whose reputation as a writer was stated<br />
by common report to be fading. Though we applaud<br />
<br />
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74.<br />
<br />
<br />
<br />
the action of the corporation in the case of Charles<br />
Dickens, we think the purchase of houses of<br />
celebrities in order to turn them into museums<br />
may in some cases lead to absurd results, and on the<br />
whole should be checked rather than encouraged.<br />
<br />
<br />
<br />
We have heard of many ingenious ways of<br />
advertising books in order to increase the sale: in<br />
fact not so many months ago there was considerable<br />
stir in the papers over a publisher's methods in<br />
dealing with a MS. that had come into his possession.<br />
We have heard of publishers advertising “The<br />
Third Edition,” when only twenty-seven copies<br />
have been sold, and we have heard of advertise-<br />
ments of enormous sales which the author found<br />
manifestly incorrect on receipt of the accounts, but<br />
none of the stories have touched the following,<br />
which we have taken the liberty of reprinting<br />
from the St. James’ Gazette :<br />
<br />
A Parisian author had fought for many years against<br />
poverty and ill-health, but nevertheless had produced<br />
several novels which were considered by those who had<br />
read them to be works of genius, but they had been total<br />
failures as saleable commodities. On his last work he had<br />
concentrated all his hopes of recognition and even of<br />
existence, but on publication the book showed every sign<br />
of going into the same limbo as its predecessors. The<br />
author, however, hit upon a unique way of advertising it.<br />
Acting upon the dictum that the best way to get a novel<br />
tread is to have it publicly described as unfit to read, he<br />
wrote from Marseilles a letter signed “An Indignant<br />
Republican” to the authorities in Paris violently censuring<br />
a certain work as dangerous to public morality and demand-<br />
ing the imprisonment of its author. When inquiries were<br />
made the writer and the author were found to be one and<br />
the same person, but the writer’s object was accomplished.<br />
<br />
A recent number of our valuable contemporary,<br />
Le Droit d@ Auteur, contains some interesting notes<br />
on the earliest examples of authors’ successful<br />
claims to pecuniary remuneration for their work.<br />
The first author who appears to have succeeded in<br />
getting paid for his rights was a Canon of Mans,<br />
who in 1452, having composed a “ Mystery of the<br />
Nativity, the Passion, and the Resurrection,” ceded<br />
it to the shrievalty of Paris for ten écus of gold, a<br />
little more than five guineas. In the sixteenth<br />
century French dramatic authors received three<br />
écus for each comedy. Herdy wrote seven hundred.<br />
Later Quinault received one-ninth of the money<br />
taken at the doors of the theatre, and thus set the<br />
first example of royalties.<br />
<br />
_ Oo<br />
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<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 />
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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 />
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PROFESSOR THEODOR MOMMSEN.<br />
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; N the beginning of the year we were congratu-<br />
lating Professor Theodor Mommsen on having<br />
received the prize for literature granted by<br />
@ the Swedish Academy acting under the will of the<br />
‘4 late Mr. Nobel. Now we have, with sorrow, to<br />
©@ announce his death.<br />
: Professor Mommsen was born on the 30th of<br />
4) November, 1817, and was, therefore, at the date<br />
<br />
<br />
<br />
15<br />
<br />
of his death, nearly eighty-six. Although born a<br />
Dane he always considered himself a German. He<br />
was, without doubt, in the varied fields in which<br />
he studied, a living force. He carried light into<br />
many of the dark places of history, and was one of<br />
the greatest names in literature that Germany has<br />
ever produced. His education commenced in the<br />
gymnasium at Altona, and ended by his graduating<br />
at the University of Kiel. It is a curious fact that<br />
although the studies and works which made him<br />
famous were in such dry subjects as philology,<br />
history, and jurisprudence, yet he began his author-<br />
ship by publishing a book of poems, with his brother,<br />
in 1839. A few years after this date he obtained<br />
a grant from the Government and spent a great deal<br />
of his time in Italy and France. This, no doubt,<br />
was the turning point in his career. From that.<br />
moment he began his wonderful study of Roman<br />
history, and of the subjects connected with the<br />
Roman national life. His painstaking research<br />
was assisted by a wonderful memory, and both<br />
these by a brilliant insight and a fine judgment.<br />
There is no doubt that on his work as a Roman<br />
historian his reputation will stand in England,<br />
To the schoolboy and the undergraduate his history<br />
was always a bugbear. It is probable, therefore,<br />
they may consider his fame and brilliancy over-<br />
rated, but it is lucky for most geniuses that their<br />
reputation does not rest on the eternal criticism of<br />
generations of schoolboys and undergraduates.<br />
<br />
Although his history of Rome is undoubtedly a<br />
wonderful production on account of the grasp of<br />
the life of the period and the character of the<br />
nation, yet those who applaud his methods do not<br />
necessarily approve his deductions. Some of them<br />
were so startling that although they struck astonish-<br />
ment in the first instance, yet after consideration<br />
could not alwaysstand the light of maturer criticism.<br />
Special reference should be made to his description<br />
of Cicero, who, with all his faults, with all his<br />
weaknesses, and with all his cowardice, was no<br />
doubt, judging from the correspondence that<br />
remains to us, the most important man of letters<br />
of his time, and judging from other historical relics<br />
one of the greatest advocates. To him Professor<br />
Mommsen will grant no good qualities. He<br />
calls him “journalist in the worst sense of the<br />
word,” “dabbler,” “short-sighted egotist,” and<br />
“statesman without insight.” Asa set off against<br />
Cicero he lauds Cesar to the skies. Every historian<br />
must have his faults. No sound critic, however,<br />
could fail to recognise his power. For this reason,<br />
during the latter years of his life, although he<br />
lived in a simple manner at his home in Charlotten-<br />
burg, he has been looked upon by the younger<br />
generation of Germany as a model to look up to<br />
and admire, and has, received constant recognition<br />
of his brilliant accomplishments.<br />
<br />
<br />
THE AUTHOR.<br />
<br />
76<br />
<br />
D<br />
ENGLISH AUTHORS AND THE UNITE<br />
<br />
STATES RIGHTS.<br />
<br />
—St<br />
<br />
P to the end of his historical survey of<br />
iti 5 on<br />
American conditions, cA CO, B. ea<br />
safe cround ; but hardly anyone converse<br />
5<br />
<br />
: nos Wi inclined to<br />
with international ine He ee are, ad<br />
follow him further. That Hngls av bli<br />
: lass, losing place with the United States pu ~<br />
ha the points now : ee pear es<br />
<br />
: thing to remedy that ste<br />
ee ae ae lines we should oe<br />
a : » ici t it is no<br />
_ «A, OG, B.” says explicitly that<br />
oe for the British author to write oe<br />
stuff? All he has apparently to do is to “ wake<br />
up.”” In other words, he is, on the literary and<br />
artistic side, safe enough; it is only as what the<br />
Americans call a “drummer ” that he fails. Now<br />
I believe this attitude to be not only undignified<br />
but wholly wrong. Setting aside the great names<br />
in American letters, who were, i the most gel<br />
historians, essayists and poets, American author-<br />
ship is acalling of the past few years. a oe C. B.”<br />
oints out, it dates from the passing of the American<br />
a capsaht Act. It has only required a very short<br />
time for the American writer to capture and hold<br />
the attention of his fellow countrymen, and, in the<br />
nature of the case, his success has been won largely<br />
at the expense of the English author. Not of<br />
course, that the English author has suffered much<br />
pecuniarily by the passing of the American Copy-<br />
right Act; the cheques for literary work that<br />
travelled either way across the ocean in the old<br />
days were very few. Yet the broad fact remains<br />
that, where the American used to read English<br />
fiction, he now reads the work of men and women<br />
of his own nationality. The man who has been<br />
hurt by the new conditions ig certainly not<br />
the writer of the first rank—have we any such<br />
men now producing actively ?—not even the writer<br />
ofthe second rank; but, beyond doubt, the writer<br />
of the third and even lower classes. These men<br />
were worth reprinting in the United States when<br />
their eo ae nothing but paper and print ; they<br />
are not worth reprinting when they have to compete<br />
for popularity with work of equal and greater bent<br />
iat 1s written by Americans, deals with American<br />
as and is in harmony with the habit of mind of<br />
: ae and women who read it.<br />
: 18 convenient to divide authors into Classes<br />
ee arbitrary fashion that I have just ventured<br />
hi eee but it is rarely that any writer finds al]<br />
des ooks in the same class. He may ascend or<br />
pene | some of his books will be better than<br />
others. When I gay, I fear rather discourteous]<br />
third-class authors,” I mean the writers cha<br />
products die with each publishing season, and have<br />
<br />
‘large one, and it comprises writers whose various<br />
<br />
<br />
<br />
i im to longer existence.<br />
in fact, no claim to long<br />
the American publisher does not want; and he<br />
<br />
t want them for the reason that he cannot 0<br />
coe? To talk of “waking up” in offering Bi<br />
<br />
sell them. UCT in one<br />
such manuscripts, or “ persisting and insisting ”<br />
<br />
with American publishers, is to be wholly wide of<br />
the mark, Occasionally a book of this class is<br />
placed in the United States market ; but there is<br />
nearly always some special reason for its appear-<br />
ing internationally. The American may buy it<br />
because he hopes for another and better work from<br />
the same pen ; he may have a contra-account with<br />
an English publisher which he is anxious to settle<br />
—in fine, he may have a hundred different reaSons<br />
for his acceptance. But, on its merits, he does not<br />
want the book. The author may “wake him up”<br />
by every mail; he may “ persist ’’ with cablegrams ;<br />
he may “insist” in season and out of season. The<br />
facts are not altered.<br />
<br />
T’o come now to the authors of the second class,<br />
who may, not unfairly, be said to represent the<br />
best of which we are now capable. Have such<br />
authors any substantial grievance? I hardly think<br />
so. The class of which I am now speaking is a<br />
<br />
degrees of popularity differ markedly from one<br />
another, But for any work that shows, I will not<br />
say genius, but even a definite talent, either in the<br />
direction of sustained interest of narration, real<br />
psychological insight, or careful character study,<br />
there is a distinct American demand. And if that<br />
demand is not supplied from this side of the<br />
Atlantic, the fault lies with the authors them-<br />
selves, Many men who are read here widely have<br />
but a small American following ; not infrequently<br />
the converse may be said to be nearer the truth.<br />
Yet, whatever may be the hold of any individual<br />
writer on the American public,<br />
books as I have now in mind are worth reprinting<br />
and copyrighting in the States, and it is, almost<br />
without exception, possible to make the necessary<br />
arrangements. In this connection, “names” are of<br />
smaller importance than is often supposed. United<br />
States publishers are more open minded than their<br />
English brethren ; many of them are attracted<br />
by the notion of a gamble in an unknown writer’s<br />
work. But the work, with all respect to “ A.C, B.,”<br />
must be good, the publisher must haye a run for<br />
his money. With the man who has an established<br />
following, the question is what terms he can make ;<br />
with the unknown writer who has his reputation<br />
still to gain, it is whether he can make an entry<br />
at all into another circle of readers.<br />
good work and efficient handling—I do not pretend<br />
to disregard what may be called the commercial<br />
<br />
traveller aspect of the question—the result should<br />
he satisfacto<br />
<br />
Of authors of the first class, it is hardly neces-<br />
<br />
Such books<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
nearly all such ~ i<br />
<br />
<br />
<br />
<br />
“ig sary to write. As “A.C, B.” says, “ Many kinds of<br />
~4)§ literature appeal to the whole world.”<br />
Ҥ Granting the truth of the considerations I have<br />
“lg already set down, it follows that it is only books<br />
of the second class with which we have to concern<br />
ourselves. “‘ A.C, B.,” while impliedly admitting<br />
that an author may do wisely to make his English<br />
uf arrangements through an agent’s intermediary, is of<br />
@@ opinion that he will do better himself to attend to<br />
eid his over-sea negotiations. In this particular, I fear<br />
§ experience is against him. Certainly, the course<br />
he proposes is not one that has recommended itself<br />
to those English authors who have the largest fol-<br />
lowing in theStates. In fact, one may say that it is<br />
jo@ not an infrequent experience with agents to have<br />
j proposals for the handling of work for America, while<br />
@ the author intends to control personally his English<br />
f business. Numerous as are the dangers and diffi-<br />
3 culties attendant upon the sale of literary property<br />
of in this country, the possibilities of loss in inter-<br />
© national arrangements are far greater. I do not<br />
y wish to cast any reflection on the integrity of<br />
4 American firms, although the agreements that are<br />
“18 offered from the other side are often and in many<br />
| respects not such as would commend themselves to<br />
any writer familiar with the practice of the best<br />
tf London houses. But the opportunity of error is,<br />
f in the nature of the case, much more frequent when<br />
_ two firms, instead of only one, have to be con-<br />
| sidered. There is the question of international<br />
copyright ; of the synchronising of dates of appear-<br />
ance, when, it may be, a book is serialised on one<br />
side of the water and not on the other; of the<br />
Canadian market, which is very often a bone of<br />
9 contention between the English and the American<br />
‘oq publisher. In short, it is only possible to sur-<br />
‘a mount the difficulties inherent in the conditions<br />
Jo obtaining by unremitting care, coupled with a<br />
marked degree of expert knowledge. However<br />
cool the business head” of authors may be, there<br />
78 are, it is safe to say, not many of them who have<br />
4 the equipment necessary, if the task involved is to<br />
*d be grappled with successfully.<br />
A It is possible to deal with one agent here and<br />
another in the United States. But the course has<br />
little to recommend it. In the first place, neither<br />
‘8 agent can feel the interest in his client’s affairs<br />
dé” which he would do were they entirely in his hands,<br />
_ And, in the second, the two sets of negotiations are<br />
02 so closely interwoven, that in practice, 1b will not<br />
od be found possible entirely to separate them. For<br />
9 example, the American agent may want instruc-<br />
ii tions or information, the purport of which will<br />
_ depend on what is being arranged with the English<br />
_ publisher ; the man who can solve the difficulty at<br />
once is the English agent, yet, were the course now<br />
under discussion to be followed, the matter would<br />
val have first of all to be referred to the author, who<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
17<br />
<br />
on : his turn, have to consult his London<br />
ae : 18 Just conceivable that a man of some<br />
elicacy of feeling might hesitate before troubling<br />
—possibly to a considerable extent—his agent with<br />
work in which he had no pecuniary interest, But<br />
leaving that point on one side, it can easily be<br />
realised how many are the chances of confusion<br />
and loss, Further, the London agent who is in<br />
constant touch with one or more agents in New<br />
York can command a degree of attention for his.<br />
work as a whole which the individual author who<br />
only occasionally sends MSS. across the Atlantic<br />
cannot reasonably expect. The London agent<br />
represents, for the American agent, a combination<br />
of authors ; and, naturally, the affairs of a com-<br />
bination are of more consequence than those of<br />
any one person, unless, indeed, he be of consider-<br />
able eminence. And, I take it, we are not now<br />
concerned with the work of such men. Further,<br />
the London agent is by no means confined to dealing<br />
through an Americanagent ; with many American<br />
houses he is probably in close personal touch, as<br />
the result of his acquaintance with the members<br />
of the different firms. An American publisher<br />
when he is in London will certainly visit the chief<br />
London agents, while—again leaving the man of<br />
great reputation apart—it would hardly be worth<br />
his while to call upon a number of individual<br />
authors, whose work he nevertheless is probably<br />
quite ready to consider.<br />
As I understand his paper, “A.C. B.” is of opinion<br />
that agents do not, as a class, deal efficiently with<br />
the United States rights of books that are placed in<br />
their hands. Without specific instances—which I<br />
admit it would be difficult, and perhaps improper,<br />
to give—of the neglect he complains of, discussion<br />
of the point is difficult. But it may safely be said<br />
that no agent who understands his business ever<br />
loses sight of transatlantic possibilities. The notion:<br />
that he would be tempted by a peculiarly beneficial<br />
English contract to take no trouble to market 8<br />
book in America is, with all courtesy, absurd, For<br />
the better the contract that is possible here, the:<br />
better, broadly speaking, will the American ainnde<br />
ment be. The contention is interesting, ewer<br />
as it is the first time that I have heard _<br />
accused of indifference to the commercial - eo<br />
their activities ; but Tam convinced that it . _<br />
other value. To touch on a minor, point, a<br />
frequently impolitic to begin negotiations<br />
<br />
America before a contract is signed here ; with 4<br />
ar to the American publisher,<br />
<br />
me that is famili wublish<br />
the course advised may be followed 5 but, p =<br />
case of newer men, the best introduction to the<br />
<br />
American publisher is the statement that a well<br />
<br />
i ‘ the book.<br />
nglish firm has taken up ol -<br />
ee “most authors are alive to the inadvisa<br />
<br />
bility of allowing their English publishers to act<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
78<br />
<br />
agents. From every | point of<br />
not in the author’s interests.<br />
oks which are never copy-<br />
<br />
righted in the United States, oye FED ogee<br />
bat chance is to sell an edition in sheets. -<br />
eae can and often does sell sheets of such publica-<br />
<br />
eae and I have known cases Neate ae ae -<br />
<br />
a to allow the Lon<br />
<br />
he advantage of the author<br />
<br />
paulieher to do the work. The question of the<br />
<br />
division, as betwe<br />
<br />
en author and publisher, of profits,<br />
on such ‘transactions is very<br />
<br />
often a cause of hard<br />
feeling between the two,<br />
<br />
and it is emphatically<br />
one of the points where the advice of an expert 1s<br />
most valuable.<br />
<br />
as their American<br />
<br />
view, the practice 18<br />
But there are certain bo<br />
<br />
C. F. CAZENOVE.<br />
—_———__ + __<br />
<br />
THE INFLUENCE OF ENVIRONMENT ON<br />
MEN OF LETTERS.<br />
<br />
—-—<+—<br />
<br />
“« O you observe any traces of ‘ Faust,,”<br />
asks Shelley of a friend, “in the poem<br />
I send you? Poets—the best of them—<br />
are a very chameleonic race ; they take the colour,<br />
not only of what they feed on, but of the very<br />
leaves under which they pass.”<br />
<br />
Shelley was thinking chiefly of the influence of<br />
an author’s favourite books on his own productions,<br />
but the remark is applicable to other descriptions<br />
of leaves than book leaves, to any kind of influence<br />
with which the poet, and in a less degree the prose-<br />
writer, if a susceptible person, is habitually in con-<br />
tact. From this point of view authors may be<br />
divided into two classes—to both of which they<br />
may belong at different periods of their lives—<br />
those who can and those who cannot choose their<br />
environment. When we can be sure that a writer<br />
belongs to the former class, the environment, as an<br />
index to his inclinations, in its turn reflects light<br />
upon the characteristics of his own mind while<br />
Sometimes it raises a problem. It is easy to see<br />
why Louis Stevenson should have preferred to liv<br />
in the South Sea Islands, and apart from the<br />
qualities of the books composed th h ey<br />
fact afford insight i i ae ere<br />
<br />
8 an insight into his nature which could<br />
eos ee are Be if his works had been peanad<br />
ane. Dut Stevenson also shows that a b<br />
may be entirely indepe oo<br />
writing hig Tae and Se b<br />
ally Scotch fiction, * Weir of Hermi cpiees<br />
(as ’ ermiston,”’ amon<br />
. a ibe of Samoa. This, in the i<br />
é sensiti thle<br />
demonstrate that, while ‘the ee Fe tO<br />
ment cannot be denied, wit fmch ee<br />
Beach of Teles hess such tales as “The<br />
presence of an overmastering iinpula es<br />
quarter.“ Weir of Bien pulse from another<br />
» Judging from his<br />
<br />
<br />
<br />
ence, would seem to be of all his bookg<br />
the one which had taken the most complete<br />
possession of him, hence its superior merit,<br />
<br />
« And his own mind did like a tempest strong<br />
<br />
Come to him thus, and drive the weary wight along.”<br />
<br />
If we can easily follow Stevenson to the South<br />
Seas, there are other writers able, like him, to choose<br />
their own environment whose motives are for the<br />
present inscrutable, and consequently fail to afford<br />
light to their characters and writings. Why should<br />
Mr. Henry James, the most subtle analyst of com-<br />
plicated modern society, spend his life by preference<br />
in a little Cinque Port? When we know what<br />
secret bond attaches Mr. James to Rye, we shall<br />
know more of him than we do, and if he does not<br />
tell us himself, it will be a matter for his biographers<br />
to investigate.<br />
<br />
One of the strongest witnesses to the influence<br />
of environment is Shakespeare, when he deplores<br />
the evil influence of the profession of actor upon<br />
him, and complains that his nature is<br />
<br />
“ Subdued<br />
To what it works in, like the dyer’s hand.”<br />
<br />
(fe Observe this image,” comments Shelley, “how<br />
simple it is, and yet how animated with the most<br />
intense poetry and passion.”) There is great<br />
reason to think that Shakespeare renounced the<br />
profession of actor long before he ceased writing<br />
for the stage ; it is certain that as soon as he was<br />
able he acquired property at his native place, which<br />
he must have visited as frequently as his profes-<br />
sional engagements would allow. It is interesting<br />
to inquire how far an influence from this change is<br />
atl) in his Writings, and it may be traced<br />
with certainty. The precise date of the sonnet<br />
seas above ic doubtful, but it certainly did<br />
not long precede his acquisition of property at<br />
Stratford. Within a year or two of this oven we<br />
find him producing the most sylvan of his dramas,<br />
<br />
As You Like It,” more thoroughly pervaded with<br />
the spirit of country life than anything he had<br />
Nidan before, if we except the description of the<br />
<br />
orse in “‘ Venus and Adonis,” beginning<br />
“But lo, from forth a copse that neighbours by,”<br />
and of coursing a hare in the Same poem, beginning<br />
pote when thou hast on foot the purblind hare,”<br />
€ latter, especially, ig ; :<br />
oe ) lly, a marvel of accurate<br />
a showing that Shakespeare must have<br />
2b’ Many a coursing match. “Ve d<br />
Adonis,” being descri be hans a<br />
<br />
, us, Delng described by him ag “ the first hei<br />
of my invention,” was i oe<br />
1 » Was probably written not ]<br />
after his departure from Stratford, when the tan<br />
<br />
Tess i : :<br />
p sion of country life would be strong with him<br />
<br />
evived by his acquisit 1<br />
<br />
quisition of a house there and<br />
<br />
hi : a<br />
'8 occasional visits, they come out in full force<br />
<br />
correspond<br />
<br />
after he has it his princi ;<br />
whe pe it his principal residence there<br />
<br />
rs, culminating in the pastoral<br />
S<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
~sescenes in “A Winter’s Tale” (1611), where<br />
‘fp villagers and village pastimes are painted to the<br />
‘life. Here seems a clear instance of the effect of<br />
ym@environment. It is an interesting question whether<br />
od the total neglect of the country by the artificial<br />
soe poets of a later day, such as Dryden and Pope, is<br />
eto be attributed to their metropolitan environ-<br />
‘om ment or to the pervading atmosphere of the period.<br />
sd] Their opportunities for contemplating the face of<br />
ie¥ Nature were indeed few, but they showed no dis-<br />
‘aoe position to profit by those which they had. How<br />
il different from Keats! who had scarcely been<br />
vec beyond Edmonton when he produced his first<br />
0¢ poems, which nevertheless contain couplets so<br />
jaa instinct with the spirit of the country as this :<br />
<br />
‘When a tale is beautifully staid,<br />
We feel the safety of a hawthorn glade.”<br />
<br />
Scott is a most signal instance of the power of<br />
va environment. It would hardly be fair to appeal to<br />
4 Byron as another, for he travelled with the deliberate<br />
i intention of making poetical capital out of every-<br />
4 thing that came in his way. He nevertheless forms<br />
sae one of a remarkable group of English poets who<br />
-ef have been deeply influenced by Italian environ-<br />
om ment. The list includes Landor, Shelley, Keats,<br />
‘ae and both the Brownings. Of these Robert Brown-<br />
ui ing seems the most deeply influenced, doubtless<br />
sod because as a dramatist he touched Italian life at<br />
om more points than the rest. He is a magnificent<br />
2a] instance of what improvement can be effected even<br />
ai in a great poet by transplantation, provided that<br />
ii the process is not continued so long as to pervert<br />
“{ the original bent of his genius. The greatest<br />
vil literary gift, however, that Italy ever made to<br />
1@ England was not poetry, but Gibbon’s “ Decline<br />
vg and Fall,” conceived as, sitting by the Coliseum<br />
‘6 on a moonlight night, he heard the barefooted<br />
‘d friars sing vespers in the Temple of Jupiter. The<br />
af influence, however, though permanent in its effects,<br />
-@ was too transient in its application to be reckoned<br />
“8 among instances of environment ; but Gibbon has<br />
told us of amore prosaic inspiration which certainly<br />
5 deserved the name, the benefit which the historian<br />
# who was ‘to write so fully on military matters<br />
9% received from a spell of service in the militia.<br />
_ It sometimes happens that a great writer spends<br />
s a long life in an environment devoid of striking<br />
features, and which we nevertheless feel to have<br />
d been the best he could possibly have had. Such a<br />
3 case was Goethe’s : he could not have been better<br />
"4 suited than at Weimar, and yet Weimar can hardly<br />
4 be thought to have supplied much aliment to the<br />
4 genius of which he had given ample proofs 7<br />
9 coming there. Its effect was to provide him her<br />
4 the quiet, honourable, stable environment, wit -<br />
which his calm, polished genius could work free 2<br />
and happily, “ without haste and without rest, as<br />
<br />
<br />
<br />
79<br />
<br />
he said himself. He might have found it diff l<br />
to observe this commendable maxim if his ci seg<br />
stances had been less easy, and his s her : tae<br />
more perturbed. : OU as<br />
On the whole we can but concl ib i<br />
possible to attribute both too oe little<br />
to environment, that it always exerts some influence<br />
but rarely makes the author an entirely different<br />
oon - . Baa have been under other<br />
te » an at this influence usually<br />
in proportion to the susceptibility of his<br />
perament. Men of the highest genius are<br />
consequently in one point of view the most liable<br />
to be affected by it, but from another the least, as<br />
the force of their minds enables them to triumph<br />
over circumstances which would crush feebler<br />
natures. Milton affords a memorable instance,<br />
composing his immortal poem under a total priva-<br />
tion of sight, and under the most adverse personal<br />
and domestic circumstances. Here the environment<br />
was absolutely hostile, but his past studies and his<br />
present meditations enabled him to create for him-<br />
self another far different one, within which his life<br />
was in reality spent. “ Paradise Lost” could not<br />
have been greater if his circumstances had been of<br />
the happiest, but this is mainly owing to the ideal<br />
and spiritual character of the poem. The vast<br />
majority of writers who deal with more sublunary<br />
matters will do well to adapt, as far as may be,<br />
their environment to themselves; and, when this<br />
is not practicable, themselves to their environment.<br />
Too much, however, must not be expected from<br />
even the most favourable external situation; if a<br />
man cannot do something where he is, he is not<br />
<br />
‘kely to do much anywhere.<br />
> ee : R. GARNETT.<br />
<br />
——_—__- > >—_—_<br />
<br />
OF LETTERS.<br />
<br />
++<br />
Christmas, and the big<br />
hop was packed with<br />
hurried customers, busily choosing their ate<br />
Christmas gifts. Cards were being Lege!<br />
ae ae ae a fe and<br />
-osged much attention ;<br />
tay Anite of all sorts sold i. eee<br />
: a MO tek whe had stolen in unobserved<br />
SF ck wie a hanging ealendar, half hidden<br />
and s<br />
<br />
oe ea It wasa child<br />
<br />
ots of chattering women. Oe<br />
<br />
. ae ag ee years old, clad in ee sent<br />
<br />
abire with a battered red oh oe i<br />
ae : ye-capped W ae,<br />
<br />
worn heavy boots, toe-e PE a number of little<br />
<br />
hair done in<br />
Ft ial, tied up with cotton. She stood<br />
. 2<br />
<br />
A PATRON<br />
<br />
T was two days before<br />
country stationers §<br />
<br />
<br />
<br />
<br />
80<br />
<br />
till and quite alone, almost under the<br />
sane her eed was half a foot below it, _<br />
she could have seen nothing but the skirts tha<br />
rustled about her. After watching her for some<br />
minutes I asked her what she wanted.<br />
<br />
«4 hook,” she whispered, showing a halfpenny<br />
clutched tightly in her warm little dirty fist.<br />
<br />
‘A book! She had come to buy a book—she<br />
alone out of the crowd! Her answer gave mea<br />
thrill of joyous optimism. She represented the<br />
new generation, the coming woman, and she<br />
wanted to buy a book. :<br />
<br />
In three minutes she was out of the shop again,<br />
<br />
blissfully hugging two cheap toy books, and, of<br />
course, perfectly unconscious that they had cost<br />
more than her own cheerfully given coin. I<br />
slipped out, too, and furtively followed her. At<br />
the first corner she stopped to examine her trea-<br />
sures, and in a few seconds was so absorbed in<br />
the contents of one that she wandered on without<br />
seeming to know where she went. The dirty<br />
street had doubtless become a paradise ; she was<br />
deaf and blind to everything but the wonderful<br />
world of pictures under her gloating eyes, and did<br />
not even notice that she had strayed from the<br />
pavement to the road. Still watching her as she<br />
dragged her heavily-shod feet by the gutter, I was<br />
suddenly roused to action by the approach of a big<br />
dray that came lumbering down upon the child,<br />
and there was only just time to drag her out of<br />
danger. She looked up at me with eyes full of<br />
dream, but spoke no word, though I walked beside<br />
= till she turned into a grimy alley to find her<br />
home.<br />
There I lost sight of her, but I shall not readily<br />
forget the tiny thing in the red cap and thick<br />
boots who brought her precious ha’penny to the<br />
bookshop instead of the sweetstuff stall. Ag a<br />
struggling writer of books in an age of free<br />
hbraries and cheap newspapers, I am not ungrate-<br />
ful to this small patron of letters for her practical<br />
encouragement, for the thrill of hope set vibrating<br />
when, 1n answer to my enquiry as to her wants she<br />
piped up, shyly but firmly : “A book.”<br />
<br />
Bless her!” With h ly<br />
to buy a book, er only copper she wanted<br />
MAL, P.<br />
<br />
oo eo<br />
SHOULD WELL-KNOWN WRITERS<br />
“FARM OUT” FICTION?<br />
N<br />
N a recent issue of The Author a correst<br />
I alluded Incidentally to the Tia event<br />
: well-known writers of fiction are said to have<br />
adopted of late years of « farming out,” as it ig<br />
called, a proportion of the work they are commis-<br />
sioned to do, and he appeared to take it for granted<br />
<br />
<br />
<br />
THB AUTHOR.<br />
<br />
that all readers of Ze Author and all members of 6 2<br />
the Authors’ Society must, as a matter of course, 921<br />
agree with him that the practice is reprehensible iid;<br />
<br />
in the extreme.<br />
<br />
Now it would be interesting to know the exact |9s:<br />
reason that leads this correspondent, and presum- ann<br />
ably a section of the writing community, to look fo.<br />
upon the practice of “ ghosting” for a well-known a<br />
<br />
: : Se ul<br />
writer, or of “ ghosting,” for that matter, for any ©<br />
<br />
writer able and willing to pay a competent proxy,<br />
<br />
asa contemptible and iniquitous practice. Ask any ¥<br />
<br />
popular writer of fiction, or writer of popular fiction<br />
<br />
<br />
<br />
<br />
<br />
—to be quite accurate—and he will tell you that a.<br />
<br />
every year the applications he receives for long §<br />
stories as well as for short stories increased, until f<br />
<br />
now it has come to this :—(1) He must decline to<br />
<br />
undertake to get through more than a comparatively &<br />
small amount of work, and thus, in the language &<br />
<br />
of the box-oflice, he must “turn good money<br />
away” ; (2) he must “scamp” a portion of the<br />
work he has agreed to do, and thus, in the long<br />
run, ruin his well-earned reputation for producing<br />
interesting stories ; (3) he must call in the aid of<br />
a proxy, in other words, “ farm out” the surplus.<br />
<br />
As the author of two stories that have appeared<br />
serially and in book form as the original work of a<br />
well-known writer, and as the writer also of a<br />
number of short stories that have appeared in<br />
magazines and elsewhere, and purport to be the<br />
original work of a certain well-known writer, I<br />
think that I may claim to speak with, at any rate,<br />
a small amount of authority on this rather interest-<br />
ing subject, and be allowed to draw attention to<br />
some of the advantages the system of “ farming<br />
fiction ” may be said to possess where the interests<br />
of the unknown writer—the ghost—the hack—the<br />
proxy—call him what you will—are at stake.<br />
<br />
i may say, to begin with, that the writers for<br />
whom I act as proxy know me sufficiently well to<br />
be aware that | am not likely ever to blackmail<br />
<br />
<br />
<br />
them, and in selecting a proxy this is of course an-<br />
<br />
extremely important consideration. They also<br />
<br />
know quite well that I am able to keep my own —<br />
counsel. Now, with regard to the advantages of —<br />
<br />
the system, it is in the matter of remuneration<br />
that the proxy, so to speak, “romps in” so far<br />
ahead of the individual who writes under his own<br />
name only. For the first long story I “ ghosted ”<br />
I received £2 15s. a thousand words all the way<br />
through, one-third of the total amount being paid<br />
to me before I had written a line ; one-third when<br />
<br />
I had completed about one-half of the story ; one- —<br />
<br />
third on the day I delivered the MS. complete.<br />
Now, supposing that I had written that story on<br />
the chance of its being accepted by some news-<br />
paper, some syndicate, or some publisher, what<br />
would have happened? In the first place I should<br />
<br />
have worked hard for four whole months without<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
THE AUTHOR,<br />
<br />
“ae receiving a single shilling, and all the time I<br />
<br />
<br />
<br />
| should have been worried by the thought that<br />
f perhaps I should, after all, be unable to “place”<br />
‘ed the book, in which case those four months’ hard<br />
» work would of course have been so much time<br />
eu) absolutely wasted. At the end of the four months<br />
ite! T should have set to work to send the story either<br />
to a literary agent or to a publisher. The pub-<br />
i) lisher would have kept it for a month or six weeks<br />
at the very least, and then probably have returned<br />
/ it to me with a polite but unsatisfactory note to<br />
«1 the effect that the book would not suit his house,<br />
but that it possessed merit and might be accepted<br />
«| by some other publisher. I should then have sent<br />
i it elsewhere, and when several months at least had<br />
elapsed I should—if fortune had favoured me—<br />
| have succeeded in “ placing” it. But how much<br />
‘4 should I then have received for it? A guinea a<br />
(| thousand words, perhaps. Very likely not so<br />
Ҥ much. And when would the cheque have been<br />
{ paid to me? Then and there, possibly. Much<br />
more likely many months later. Should I have<br />
“4 received any kudos 2? None to speak of—certainly<br />
=) not enough to compensate me for so serious a pecu-<br />
| niary loss. Personally, therefore, I look upon the<br />
well-known writer who “ farms out” his work as a<br />
sort of Heaven-sent being, and not, as some appear<br />
to consider him, a species of impostor. He satis-<br />
| fies himself; he satisfies the proxy he employs ;<br />
| he satisfies his publisher; and he satisfies the<br />
| public—for by this time the public has come to<br />
know quite well that stories and books alleged to<br />
be the work of Blank are certain to be readable.<br />
| Whether Blank himself actually writes the books,<br />
) or whether he employs someone to write them for<br />
‘{ him, is really of no great consequence so far as the<br />
4 general reader is concerned. ‘The general reader<br />
looks upon Blank’s name as a sort of trade mark<br />
—nothing more. The same kind of thing goes on<br />
‘f in trades and professions, and nobody thinks of<br />
' grumbling. Not very many years ago, to give a<br />
#4 single instance, the business of one of the best<br />
vl known West End gunmakers was acquired by the<br />
4 son of an equally famous coach-builder. The<br />
coach-builder adopted the name of the gunmaker<br />
for business purposes, and to this day probably<br />
two-thirds of this gunmaker’s customers are under<br />
_97 the impression that Blank’s guns are built by the<br />
son of the eminent gunmaker who actually worked<br />
up the business and established its world-renowned<br />
reputation. :<br />
<br />
The same remarks apply to the proxy writer of<br />
' short stories. I am commissioned by ‘ that<br />
| popular and clever writer, Blank So-and-So,” to<br />
| write a magazine story of, say, 3,000 words, .<br />
/ appear under his or her signature. Blank tells<br />
me the sort of story that is wanted—the sort that<br />
he or she knows I happen to be capable of pro-<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
81<br />
<br />
ducing—and we arrange terms. Blank agrees to<br />
pay me at the rate of, say, three guineas, or perhaps<br />
four guineas, a thousand words. I allow myself<br />
perhaps a whole week, even ten days, in which to<br />
map out, write and re-write this commissioned<br />
story. I know that I shall be paid for it on the<br />
day it is delivered, so I now have no need to<br />
worry, or to wonder whether the story will ever be<br />
published, and if so, when; and how long I shall be<br />
kept waiting for my cheque. Now, had this story<br />
been written on the chance of its being accepted on<br />
its merits, I should in all probability have been<br />
obliged to send it round to five or six magazines,<br />
one after another, and perhaps at the end of a year<br />
it would still be travelling about and trying to<br />
place itself. Even if it had been accepted at once<br />
I should not have been paid more than fourteen or<br />
fifteen guineas for it. Very likely I should have<br />
been compelled to accept ten, or even less, and the<br />
cheque might still be owing, ‘the rules of this<br />
office being not to pay until the contribution has<br />
appeared.”<br />
<br />
Therefore J maintain that for the free lance not<br />
overburdened with wealth this ‘‘ ghosting” work<br />
is by far the more profitable, by far the more<br />
satisfactory in more ways than one provided, he<br />
can get the right man to commission the stories,<br />
and provided also that he is capable of turning out<br />
the sort of stuff required—I employ the word<br />
“stuff” in no derogatory sense—possibly provided<br />
also that the sight of his own production appearing<br />
under another writer’s signature will not cause him<br />
either mortification or annoyance.<br />
<br />
The life of the free lance addicted to “ ghost-<br />
ing” is, | may add, by no means devoid of humour.<br />
He is able to obtain upon all sides candid opinions<br />
of his own work, opinions which often enable him<br />
to realise his shortcomings and rectify his faults.<br />
On one occasion, I remember, one of the books<br />
I had “proxied” was sent to me for review,<br />
accompanied by a note from the editor of the news-<br />
paper—the editor is now dead—to the effect that<br />
I might as well, for. reasons which he ae<br />
“pepper this story of Blank’s a bit. I did the<br />
best 1 could to “pepper” my own work, but i<br />
admit that the task rather stuck in my throat.<br />
When I told Blank, afterwards, what I had been<br />
doing, he was immensely tickled. He said ib<br />
reminded him of “poor Gilbert’s inimitable<br />
<br />
a8<br />
humour. Panry.<br />
<br />
———_—__1———__o___—<br />
<br />
«A Baronet in Corduroy” is ce Hee ot<br />
<br />
of riod recently pub-<br />
<br />
romance of the Queen Anne period recen)<br />
<br />
lished (Grant Richards) by Mr. Albert Lee, author<br />
of “The Frown of Majesty.”<br />
<br />
<br />
82<br />
<br />
INTERNATIONAL COPYRIGHT.<br />
<br />
—+-—>—<br />
<br />
The following cutting came to us from the<br />
correspondence column of a well-known ladies’<br />
newspaper :—<br />
<br />
Nixa.—According to the law of International Copy-<br />
right, no book can be translated into any other language<br />
without the author’s permission until ten years after the<br />
date of publication. After that lapse of time, anyone may<br />
translate the book; but within the period the author's<br />
permission is usually obtained without much difficulty by<br />
applying to him—or her—through the publisher of the<br />
book, if the author’s private address is unknown.<br />
<br />
It shows how dangerous a little knowledge<br />
may be.<br />
<br />
From the first sentence it would appear that<br />
International Copyright was universal, and that to<br />
translate a book appearing in any country on any<br />
subject within the period of ten years would be<br />
illegal without the author’s sanction. This of<br />
course is not the case. The Berne Convention<br />
of 1886 and the Additional Act of Paris, 1896,<br />
have not been signed by all the European countries,<br />
and the United States has always stood outside.<br />
<br />
On a former occasion the names of those coun-<br />
tries who were signatories have been printed in<br />
these columns. While the statements contained<br />
in the paragraph are abroad it would appear<br />
advisable to print the list again.<br />
<br />
Germany, Belgium, Spain, France, Haiti, Italy,<br />
Switzerland, Tunis, Monaco, Luxembourg, and<br />
Japan have signed both the Berne Convention<br />
and the Additional Act of Paris. Norway is a<br />
signatory to the Berne Convention, and Denmark<br />
signed both in July of this year. In addition, Great<br />
Britain has a separate Convention with Austria-<br />
Hungary. The Imperial Government signed the<br />
Berne Convention on behalf of Great Britain and<br />
all its Colonies, and the Additional Act of Paris<br />
on behalf of Great Britain and the majority of its<br />
Colonies.<br />
<br />
In the countries enumerated —and in those<br />
countries only—is it possible to retain translation<br />
rights.<br />
<br />
The paragraph quoted above goes on to say that<br />
after the lapse of ten years anyone may translate<br />
the book. ‘This was to a certain extent true under<br />
the Berne Convention, but is entirely wrong under<br />
the Additional Act of Paris. The Clause referring<br />
to this runs as follows :—<br />
<br />
“ Authors belonging to any one of the countries of the<br />
Union, or their lawful representatives, shall enjoy in the<br />
other countries the exclusive right of making or authorising<br />
the translation of their works during the entire period of<br />
their right over the original work. Nevertheless, the<br />
exclusive right of translation shall cease to exist if the<br />
author shall not have availed himself of it, during the<br />
period of ten years from the date of the first publication<br />
of the original work, by publishing, or causing to be pub-<br />
<br />
ished in one of the countries of the Union, a translation in<br />
he language for which protection is to be claimed.”<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
Accordingly, in those countries, if publication .<br />
<br />
is made within ten years, the author has copyright<br />
during the entire period of his right over the<br />
original work.<br />
<br />
It must be clearly stated, however, that none of<br />
these extensions of property covered by the Berne<br />
Convention refer to the United States. A law<br />
based on an entirely different principle carries<br />
copyright in that country.<br />
<br />
It is a mistake, therefore, to talk in this loose od<br />
It may lead [ime<br />
<br />
way of International Copyright.<br />
writers into difficulties.<br />
<br />
MAGAZINE CONTENTS.<br />
<br />
—-—<—+—<br />
<br />
BLACKWOOD’S MAGAZINE.<br />
<br />
A Sketch of the Life and Adventures of the Duke De<br />
Ripperda, the Eighteenth Century Dutchman and Rene-<br />
gade. By Walter B. Harris.<br />
<br />
The Avatar of Bishwas Dass.<br />
the pen of Mr. T. Hart Davies.<br />
<br />
Voltaire. ‘<br />
<br />
Oxford Revisited.<br />
<br />
Sir William Wilcocks’ Scheme for the Irrigation of<br />
Mesopotamia by means of the River Tigris.<br />
<br />
Leopardi’s “ Village Saturday Eve.” Translated by Sir<br />
Theodore Martin.<br />
<br />
Babes of the Highway. By Oliver Locker Lampson.<br />
<br />
Outside Pets.<br />
<br />
Scolopaxiana.<br />
<br />
Musings Without Method.<br />
<br />
Sally: A Study. By Mr. Hugh Clifford,<br />
<br />
An amusing story from<br />
<br />
THE CORNHILL MAGAZINE,<br />
<br />
The Fond Adventure. Part I]. By Maurice Hewlett.<br />
<br />
Colonial Memories: Old New Zealand, I., By Lady<br />
Broome. :<br />
<br />
Whistler the Purist. By Mortimer Menpes.<br />
<br />
Mr. Whibley’s “ Thackeray.” By Andrew Lang.<br />
<br />
Lines Written in Depression. By A. D. Godley.<br />
<br />
Samuel Rawson Gardiner. By the Rev. W. H. Hutton,<br />
B.D.<br />
<br />
Though the Windows be Darkened. By John Oxenham.<br />
<br />
The Grouse and the Gun-room. By Alexander Innes<br />
Shand.<br />
<br />
Ferments and Fermentations.<br />
F.R.S.<br />
<br />
“In Loco Parentis.”<br />
<br />
By W. A. Shenstone,<br />
By Powell Millington.<br />
<br />
LONGMAN’S MAGAZINE.<br />
<br />
Nature’s Comedian (Chapters xi., xii). By W. E. Norris.<br />
<br />
A Turkish Redif. By Frances MacNab.<br />
<br />
The Suspicions of Turkentine. By Chas.<br />
Marsh.<br />
<br />
Parliament in the Making. By William Auld.<br />
<br />
An Unrecorded Incident. By “ Rimpie.”<br />
<br />
Restaurant-keeping in Paris, By M. Betham-Edwards.<br />
<br />
Billy. By May Kendall. :<br />
<br />
Taurus Intervenes. By W. H. Rainsford.<br />
<br />
Fielding<br />
<br />
At the Sign of the Ship. By Andrew Lang.<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Be<br />
alt<br />
<br />
<br />
<br />
THE AUTHOR.<br />
<br />
THE PALL MALL MAGAZINE.<br />
<br />
Six Weeks in North-Western Rhodesia. By Lady Sarah<br />
Wilson.<br />
<br />
Blue Roses: A Fairy Tale for Impossible Women. By<br />
Netta Syrett.<br />
<br />
Simple Simon: A Story. By Caroline Marriage.<br />
<br />
Once, Always: A Poem. By Laurence Housman.<br />
<br />
The Christmas Tree: A Poem. By Rosamund Marriott<br />
‘Watson.<br />
<br />
The Rebuilding of London: The Site of the Great<br />
Fire.<br />
<br />
The Best Man:<br />
Hilliers.<br />
<br />
The Song of Dagonet. By Ernest Rhys.<br />
<br />
Lansdowne House. By Ernest M. Jessop.<br />
<br />
No Trumps or Spades: A Complete Story. By Horace<br />
Annesley Vachell.<br />
<br />
Master Workers :<br />
By Harold Begbie.<br />
<br />
Child Awake. By Elsie Higginbotham.<br />
<br />
The Play Angel. By Maude Egerton King.<br />
<br />
Haggards of the Rock. By H. B. Marriott Watson.<br />
<br />
The New Pope: An Anecdotal Narrative. By Rev.<br />
Alex. Robertson, D.D.<br />
<br />
The Queen’s Quair: Book II. (Chapters iii., iv.) By<br />
Maurice Hewlett.<br />
<br />
Heart's Harbour: A Poem. By Mary van Vorst.<br />
<br />
The Girl Who Wasn’t Prim. By G. B. Burgin.<br />
<br />
The Vineyard. (Chapters xvi., xvii.) By “John Oliver<br />
Hobbes” (Mrs. Craigie).<br />
<br />
What makes you Sit and Sigh? A Poem.<br />
nald Lucas, M.P.<br />
<br />
The Surprise. By H. Fielding Hall.<br />
<br />
A Visit to the Island of St. Vincent and the Souffritre.<br />
By Lady Ernestine Edgcumbe.<br />
<br />
The Round Table: The Tidal Wave. By W. L. Alden.<br />
<br />
The Month in Caricature. By G. R. H.<br />
<br />
A Complete Story. By Ashton<br />
<br />
The Rt. Hon. John Morley, 0.M., M.P.<br />
<br />
By Regi-<br />
<br />
THE WorLD’s Work (BIRTHDAY NUMBER).<br />
<br />
Practical Points in the Fiscal Controversy. By J. A+<br />
Spender.<br />
<br />
Motor Cars and Men.<br />
<br />
A Record Christmas for Fruits. By Sampson Morgan.<br />
<br />
Mr. Sargent’s Famous Portraits. By Mrs. Meynell.<br />
<br />
Trusts and Labour in New York: Amazing Revelations.<br />
By Ray Stannard Baker.<br />
<br />
Mr. John Burns, M.P., on Labour, Life and Hope. By<br />
George Turnbull.<br />
<br />
The Revolution among Women who Work. By Lady<br />
Jeune.<br />
<br />
The First Garden City.<br />
<br />
Breeding Horses and Cattle.<br />
<br />
Volunteer Cyclists: A Scheme for Home Defence. By<br />
Guy Speir.<br />
<br />
The Day’s Work of an Engine Driver.<br />
<br />
A Farmers’ Trust. By H. 8. Wood.<br />
<br />
The Problem of the Incorrigible Offender.<br />
Hopkins.<br />
<br />
Irish Toys for Christmas.<br />
<br />
The Mystery of Radium. By J. A. Harker, D.Sc.<br />
<br />
The Books of the Month. (With Portraits).<br />
<br />
Among the World’s Workers : A Record of Industry.<br />
<br />
By the Editor.<br />
<br />
By Tighe<br />
<br />
83<br />
<br />
CORRESPONDENCE.<br />
<br />
“THE ‘TIMES’ ENCYCLOPADIA.”<br />
<br />
ASSOCIATED BOOKSELLERS OF GREAT BRITAIN<br />
AND IRELAND.<br />
<br />
Secretarial Office,<br />
1, Bathurst Street, Hyde Park,<br />
London, W.<br />
<br />
Sir,—In an advertisement of “The ‘Times’<br />
Encyclopedia” that appeared on October Ist, it<br />
is stated that after December 19th, 1903, the work<br />
will be sold<br />
<br />
“as it was before the Zimes took it in hand,<br />
by booksellers only, in the ordinary course of<br />
trade. The lowest price will then be £57<br />
(net) for the cloth binding—more than double<br />
the present price.”<br />
<br />
Again, on October 4th, it is stated that<br />
‘now the normal price, the net catalogue<br />
price, is about to replace the temporary half<br />
price, and the normal method of sale through<br />
the agency of booksellers is about to replace<br />
the exceptional system of sale direct to the<br />
public at half price and for small monthly<br />
payments.”<br />
<br />
The natural inference from these statements is<br />
that the public would have suffered materially had<br />
the “ Encyclopedia Britannica” with its Suapple-<br />
ment remained in the hands of the publishers and<br />
been supplied through the booksellers. As such an<br />
inference is injurious to the interests of the book-<br />
sellers, we, as representing the booksellers, think<br />
it right to place the following facts before the<br />
public :<br />
<br />
(1) The “ Encyclopedia Britannica” was sup-<br />
plied to the public through the booksellers at<br />
£18 for years before the Times reprint<br />
appeared.<br />
<br />
(2) If the Supplement had been published by<br />
Messrs. A. & C. Black at the same price per<br />
volume as the “Encyclopedia” itself, the<br />
published price of the Supplement would have<br />
been, in cloth £16 10s. for the eleven<br />
volumes. The Supplement would have been<br />
supplied by many booksellers for cash for<br />
about £12 7s. 6d. The total price of the<br />
“Encyclopedia” and the Supplement would<br />
therefore have been about £30 7s. 6d., very<br />
much the same price as that at which the<br />
Times has sold the work.<br />
<br />
(3) The work as supplied by the 7'imes on the<br />
instalment system remained the property of the<br />
Times until the last instalment was paid: the<br />
work as supplied by the booksellers on credit<br />
<br />
<br />
84<br />
<br />
at a very little higher rate than the Times<br />
<br />
rate would have become the property of the<br />
purchaser from the moment it was delivered.<br />
<br />
(4) The Times intimates that after December<br />
<br />
19th, 1903 until 1919 the booksellers will not<br />
be allowed to sell the work at less than<br />
£57 (net) in cloth. This is nearly twice the<br />
“normal price” at which the booksellers<br />
would have sold it now had it been published<br />
by Messrs. Black, and much more than twice<br />
the price at which they would have sold it<br />
ten or fifteen years hence. It is not customary<br />
to sell an Encyclopaedia at a fancy price when<br />
much of it must of necessity be hopelessly<br />
out of date.<br />
<br />
(5) Judging from the excellence of the articles<br />
<br />
in the “Encyclopedia Britannica,” there is<br />
no reason to think that the excellence of the<br />
Supplement would have been less than it is<br />
had it been published by Messrs. Black ; and<br />
any unprejudiced person will admit that the<br />
production, so far as printing and binding is<br />
concerned, was better in the edition published<br />
by Messrs. Black than in the 7%imes reprint.<br />
<br />
(6) It is claimed for “The ‘Times’ Encyclo-<br />
<br />
peedia” that it “ will settle the simpler queries<br />
that present themselves in daily life.” We<br />
fail to see how this will be possible in 1919,<br />
when the last volume will be sixteen, and the<br />
first volume about forty years out of date.<br />
Yours faithfully,<br />
(Signed) Hznry W. Knay,<br />
President of the Associated<br />
Booksellers of Great Britain<br />
and Ireland.<br />
R. Bows,<br />
Chairman of Eastern Branch.<br />
T. Watson,<br />
Chairman of Northern<br />
Branch.<br />
J. PATTERSON,<br />
Chairman of North-Eastern<br />
Branch.<br />
C. J. PARKER,<br />
Chairman of Oxford Branch.<br />
A. WHEATON,<br />
Chairman of Western Branch.<br />
RospeRT MACLEHOSE,<br />
Chairman of Scottish Branch.<br />
ALEXANDER Dickson,<br />
Chairman of Belfast Branch.<br />
Witiram M‘Grr,<br />
<br />
Chairman of Dublin Branch.<br />
November 5th, 1908.<br />
<br />
Oe<br />
<br />
THE AUTHOR.<br />
<br />
A Book Lover’s LAMENT.<br />
<br />
Sir,—Can you, or any member of the Society,<br />
tell me the author and publisher of a book called<br />
‘“‘ John Lackland,” which appeared, I think, about<br />
a year ago.<br />
<br />
Ever since then I have been trying to get it<br />
from one of the libraries in my country town, but<br />
in vain. The librarians have written up to Mudie,<br />
or some other London purveyor of literature, over<br />
and over again without being able to procure the<br />
book, and I do not see it on any list now. As it<br />
was well reviewed as a work of note, I cannot<br />
understand why it should be so difficult to obtain<br />
from a library, and the fact raises a question : Are<br />
not we poor book-lovers in the provinces utterly at<br />
the mercy of the great distributors? They can<br />
send us just what they choose and withhold the<br />
books we should like to read. It is only by almost<br />
superhuman efforts that I can get anything I want,<br />
and I have been agitating nearly all this year for<br />
« John Lackland.” Is it any wonder that good<br />
books die without even being read by any but<br />
reviewers, or that we readers in the country forget<br />
their names when we never see them, or hear of<br />
them after the first month ?<br />
<br />
Surely the great question to-day is of the dis-<br />
tribution of books. Publishers must often be in<br />
despair, to say nothing of authors who have,<br />
perhaps, spent years in writing that which nobody<br />
can get at!<br />
<br />
A Boox Lover at Bay.<br />
<br />
Tur PuBLISHER’S READER<br />
<br />
Str,—May I be permitted to supplement the<br />
experience (as a Publisher’s Reader) of your corre-<br />
spondent “H. B.” with my own? TI read MSS.<br />
for a very prominent young publisher indeed,<br />
giving my employer, on printed form supplied, an<br />
outline of each story, a general criticism of style<br />
and treatment, advice as to commercial possibilities<br />
of the books, at a remuneration of 2s. a MS.<br />
<br />
But, with the Daily Mail article signed “ Stan-<br />
<br />
hope Sprigg,” I fear that one ought not to place :<br />
<br />
undue importance on the statements made. We<br />
must remember that every man of every degree,<br />
nowadays, be he peer or publisher, or even a literary<br />
agent who is (or has been) on the staff of a famous.<br />
journal, must most strenuously exert himself in<br />
order to get an honest living.<br />
<br />
I am, sir, your obedient servant,<br />
F. W. R. | https://historysoa.com/files/original/5/488/1903-12-01-The-Author-14-3.pdf | publications, The Author |
489 | https://historysoa.com/items/show/489 | The 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-14-4 | | | | | 85–112 | | | | | | | | | | | | | | | | | | <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> | | | | | | | 4 | | | 19040101 | Che 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 />
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1<br />
<br />
NOTICES.<br />
<br />
—_ ><br />
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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 />
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<br />
<br />
money value can be easily worked out at the current<br />
price of the market :—<br />
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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 />
<> 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 & 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 />
——>—_¢ —____—--<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 & 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 />
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<br />
<br />
<br />
oA<br />
<br />
<br />
<br />
AY<br />
<br />
<br />
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<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 & 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 & 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,” &c., &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 & 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'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'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 & 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 />
& 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 />
——+~<— —<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 />
————_+—~>»<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 />
<> —______<br />
<br />
THE MS. OF MILTON’S “ PARADISE LOST.”<br />
<br />
——>——<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'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 />
&<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. =j | https://historysoa.com/files/original/5/489/1904-01-01-The-Author-14-4.pdf | publications, The Author |
490 | https://historysoa.com/items/show/490 | The 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-14-5 | | | | | 113–140 | | | | | | | | | | | | | | | | | | <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> | | | | | | | 5 | | | 19040201 | Che 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 />
—+-—>—»<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 />
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——<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 />
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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 & 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 />
—+—<—+ —<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 />
& 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 & Co., 123,<br />
Pall Mall, S.W.<br />
Clarendon Road, Leeds,<br />
Yorkshire.<br />
<br />
Wood, Starr .<br />
<br />
“Margaret Wilton ”<br />
<br />
————_——_o—<——_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 />
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<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. & 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 & 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 />
& 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 & 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 & 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 & 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. & 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,” &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. & 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,” &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 & 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 &<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 />
———_—<\_+—<—__+____——<br />
<br />
PARIS NOTES.<br />
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<br />
" 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 />
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od<br />
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ifs<br />
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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 />
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<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 & 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 />
———_—_?—<—_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'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'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'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— > —____<br />
<br />
AN ESTIMATE OF THE COST OF<br />
PRODUCTION.<br />
<br />
—+->-+—_<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 />
& 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——>—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'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 />
—<_?<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 />
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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 "oe<br />
has been referred to the Committee on Patents, —<br />
and its supporters hope to be able to secure —<br />
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THE<br />
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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 />
_—~>—+ —_<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 />
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<br />
THER AUTHOR. 127<br />
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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, &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, &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 <... 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, &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, &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, &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, &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, &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 />
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<br />
<br />
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<br />
<br />
MAGAZINE CONTENTS.<br />
<br />
—>—+—<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'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'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'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 />
——>+<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 />
—_+-—<—+-_—_<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 —>—_+___—_<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 />
~+—<— —<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+—<——<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'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 ><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 & 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'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'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~>—-<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 />
<><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” & 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'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.pdf | publications, The Author |
491 | https://historysoa.com/items/show/491 | The 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-14-6 | | | | | 141–168 | | | | | | | | | | | | | | | | | | <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> | | | | | | | 6 | | | 19040301 | Che 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 />
———_—____¢—~<>_-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 />
& 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. . <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'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 />
" 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 & 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 />
& 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. & 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 />
><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'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'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'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 />
—_—_—__+—_>_+_____—-<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 <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 — — — ' 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 />
—_————__+—>_+__—__<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'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 />
——___—_+—~<>—_ —____<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".<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. <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 />
—-—>+—<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+—>+<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 />
——>— + —<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 />
"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 &<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 ><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 & OCo., Mr.<br />
David Day, of Messrs Francis Day and Hunter, Mr.<br />
Emile Enoch, of Messrs Enoch & Co., who attended<br />
as representative of the French Music Publishers’<br />
Association, and Mr. H. R. Clayton, of Messrs<br />
Novello & 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 />
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(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 />
—__—___—_-—<>—_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'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 />
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T. A. Lacey.<br />
9<br />
RECENT CHANGES IN THE BOOK<br />
TRADE.<br />
Le<br />
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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 />
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<br />
organisation of the Book Trade is a<br />
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5<br />
5<br />
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S<br />
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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'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—~>—+<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 />
—_————__+—-_ +"<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'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.pdf | publications, The Author |
492 | https://historysoa.com/items/show/492 | The 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-14-7 | | | | | 169–196 | | | | | | | | | | | | | | | | | | <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> | | | | | | | 7 | | | 19040401 | Che 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 <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 <> _——<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&.<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&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 & 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 & Windus announce a new novel<br />
by Mrs. F'. 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& 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 />
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ae<br />
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ed Daa AB<br />
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THER AUTHOR.<br />
<br />
Shelley'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'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 & 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—~<— +<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'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 />
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<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 & 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 “'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. ,,\"*<br />
<br />
woe<br />
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<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'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 />
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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'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—<—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'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 />
——+-—<—<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_—>—<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. <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+—>—_+_—_<br />
<br />
HOW TO USE THE SOCIETY.<br />
<br />
—— ><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 />
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<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 />
"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's choice.<br />
<br />
Frankenstein's monster.<br />
<br />
Macaulay'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 />
—-—<>—-+——<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 “'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 />
+— ><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 />
—>—+—_____<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 />
& 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 />
—— ><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'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'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 & Co., Smith & 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.pdf | publications, The Author |
493 | https://historysoa.com/items/show/493 | The 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-14-8 | | | | | 197–224 | | | | | | | | | | | | | | | | | | <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> | | | | | | | 8 | | | 19040501 | Che 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 />
_—________¢ ~<—e —___—_-<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 />
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: <...-..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., &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,” &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., &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 &<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'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 & 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'he Lady'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 & 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 & 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'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 />
—-~>+—_<br />
<br />
i<br />
T is difficult for English people to realise the<br />
important part played by the imagination<br />
in Spain. “'<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." 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 & 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 & 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 />
<> ¢<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 />
&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,” &c.; Edwards, Osman, author of<br />
“Studies of Theatrical Life,’ “A Gauntlet,”<br />
“ Japanese Plays and Playfellows,” &c. ; Watson,<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
<br />
Aaron, author of “ Brown Studies,” ‘ Waifs<br />
and Strays,” “For Lust of Gold,” &c. ; Foakes<br />
Jackson, Rev., author of the “ History of the<br />
<br />
Christian Church,” &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,” &c. ; Forrest, Sir John, author of<br />
‘ Explorations in Australia,” &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,” &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, &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, &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 />
——_+—>—_+—___——_<br />
<br />
MUSICAL COPYRIGHT.<br />
<br />
————+—<br />
Minority Report.<br />
<br />
N the March number of 7'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'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 />
—_———_<$*_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 '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 />
——_+—>—_<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 />
——__—__—_—_—_+—>—_>—__—_<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 />
——__+—<_+____—__<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 />
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<br />
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<br />
<br />
<br />
<br />
<br />
<br />
<br />
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<br />
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<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 />
-——<—_<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's collected poems, with his kind permission.— Ep,<br />
220<br />
THE ANNUAL DINNER.<br />
<br />
—1—<—+—_<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'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'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 />
—-—>—+—<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.pdf | publications, The Author |
494 | https://historysoa.com/items/show/494 | The 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-14-9 | | | | | 225–252 | | | | | | | | | | | | | | | | | | <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> | | | | | | | 9 | | | 19040601 | Che 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 />
—____—>_+____—_-<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 />
— ><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 />
—+—>— +<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 "<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 & Co., Ltd. 9d. nett.<br />
<br />
EDUCATIONAL.<br />
<br />
ELEMENTARY SCIENCE AND NATURE ‘STUDY. By H.<br />
THISELTON Monk. Simpkin Marshall & 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 & Stoughton. 6s.<br />
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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 />
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ENGLAND'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 &<br />
Stoughton. 5s.<br />
<br />
Love'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 & 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 />
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<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 & 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 & 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 & 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 & 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 & 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 & 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 & Co.) ; “ Les Femmes Savantes,”<br />
Moliére ; ‘‘ Waterloo,’ Victor Hugo; “Primer<br />
of Old French”; ‘Le Voyage de Monsieur<br />
Perrichow.” (Blackie & 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 & 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 & 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 &<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 & 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 />
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THE<br />
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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" 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 />
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THE AUTHOR.<br />
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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'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 & Co., Lrp.,<br />
GALE PEDRICK,<br />
<br />
Managing Director.<br />
<br />
—_—__—_—_—<>_+—_—_-<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'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'his simple phrase sums up the law on<br />
the subject. No author has a right to deceive the<br />
<br />
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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's goods. It<br />
is enough to prove that the “ passing off” is likely<br />
to interfere with the sale of the plaintiff'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 />
—___—_——_—>_+___<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 />
—_. <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 />
—__—___+—<—_+—___———_<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 & Co.<br />
<br />
+ “Stones from a Glass House,” by Jane Helen Findlater<br />
(James Nisbet & 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'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'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 />
—___—_+—>_+—______—-<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. <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 />
—__—_—_—_+—<>—_+____—_-<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'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'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—_<—_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 />
———_-——_> _____.<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'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'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 & Co., Ltd., and Messrs. Boosey & 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 & 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 & Co., Ltd. ;<br />
Cape Town: J. C. Juta & 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. & 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 & 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 & 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 & Chalmers).<br />
<br />
“Old Cape Colony,” by Mrs. A. F. Trotter<br />
(London: A. Constable & 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 & 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 & 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~>— +<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'Union<br />
<br />
Internationale pour la Protection des C&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—<>—_+___—__<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,” &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 "’:<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.pdf | publications, The Author |
495 | https://historysoa.com/items/show/495 | The 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-14-10 | | | | | 253–284 | | | | | | | | | | | | | | | | | | <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> | | | | | | | 10 | | | 19040701 | The 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—~<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 />
—~<<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 />
& 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 />
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Members are requested to forward information which will<br />
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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 & 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 & 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 />
—~<+ ——<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'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 & 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 & 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 & 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 & 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 & 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 & 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 />
& 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~>—+<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'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 />
—~<- «<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 &<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 />
"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. & 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. & 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 & 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'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'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'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'S WORK.<br />
<br />
Herbert Spencer'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—~><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 />
(>.) 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 />
><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 />
—+~><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 & Co., states, as an argu-<br />
ment that publishers do not make handsome profits,<br />
that Messrs. Chappell & 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& 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 />
—><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'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 />
'<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 —>—<br />
<br />
SWEDEN AND THE BERNE CONVENTION.<br />
<br />
—+—~<>—+ —<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, &c.,<br />
(Signed) F. 8. CLARKE.<br />
Tue Marquess oF LANsDowNE, K.G.,<br />
&e., &¢c., &.<br />
<br />
<><br />
<br />
THE VALUE OF RELICS AND POETRY.<br />
<br />
—<_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 />
& 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'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 & 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 />
—————_+—_>—¢<br />
<br />
CIVIL LIST PENSIONS.<br />
<br />
——>—+—_.<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+—~< +<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'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 “'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 & 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 />
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