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The Author
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<em>The Author</em>
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A digitised run of the Society of Authors' monthly periodical, <em>The Author</em>, 1890<span>–</span>1914, made available together for the first time.<br /><br />Currently users can browse issues and <a href="https://historysoa.com/items/browse?search=&advanced%5B0%5D%5Bjoiner%5D=and&advanced%5B0%5D%5Belement_id%5D=51&advanced%5B0%5D%5Btype%5D=is+exactly&advanced%5B0%5D%5Bterms%5D=Index&collection=&type=&tags=&exhibit=&date_search_term=&submit_search=Search+For+Items&sort_field=Dublin+Core%2CTitle">indices</a> (not available for all volumes). Full text search for all issues, and other additional search functionality, will be added in 2022.
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1890–1914
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The-Author-Issues
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1902-03-01
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8
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133–159
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19020301
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The Author.
(The Organ of the Incorporated Society of Authors. Monthly.)
Vol. XII.—No. 8.
MARCH 1, 1902.
[PRICE SIXPENCE.
CONTENTS.
PAGE
PAGE
:
...
149
:
:::
....
...
149
149
150
Notices ... ...
The Pension Fund of the Society of Authors ...
From the Committee ... ... ... ... ..*
Book and Play Talk ...
Literary, Dramatic, and Musical Property
Newspaper Copyright—"Thou shalt not steal
Standard Rules for Printing...
Perpetual Copyright ... ... ..
The Journalistic Free Lance...
The Authors' Club ... ...
A Ballade of Incapacity ... ... ... ...
133
133
136
139
142
144
144
146
General Memoranda ... ...
Warnings to Dramatic Authors
How to Use the Society ...
The Reading Branch ... ...
Authorities ... ... ...
Life: A Reply to “ A. C. B."
The Irish Literary Revival ...
Real People in Fiction
Mrs. Humphreys (Rita) v. Messrs. Butterworth & Co.
Correspondence... ... ... ... ... ... ...
: : : :
130
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153
153
: :
156
158
...
148
... 148
I
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159
PUBLICATIONS OF THE SOCIETY.
1. The Annual Report for the current year. 18.
2. The Author. A Monthly Journal devoted especially to the protection and maintenance of Literary
Property. Issued to all Members gratis. Price to non-members, 6d., or 58. 6d. per annum,
post free. Back numbers from 1892, at 10s. 6d. per vol.
3. Literature and the Pension List. By W. MORRIS COLLES, Barrister-at-Law. 28.
4. The History of the Société des Gens de Lettres. By S. SQUIRE SPRIGGE. 18.
5. The Cost of Production. (Out of print.)
6. The Yarious Methods of Publication. By S. SQUIRE SPRIGGE. In this work, compiled from the
papers in the Society's offices, the various forms of agreements proposed by Publishers to
Authors are examined, and their meaning carefully explained, with an account of the
various kinds of fraud which have been made possible by the different clauses in their
agreements. 38.
Addenda to the Above. By G. HERBERT THRING. Being additional facts collected at
the office of the Society since the publication of the “Methods." With comments and
advice. 28.
7. Copyright Law Reform. An Exposition of Lord Monkswell's Copyright Bill of 1890. With
Extracts from the Report of the Commission of 1878, the Berne Convention, and the
American Copyright Bill. By J. M. LELY. 18. 6..
8. The Society of Authors. A Record of its Action from its Foundation. By WALTER BESANT
(Chairman of Committee, 1888–1892). 18.
9. The Contract of Publication in Germany, Austria, Hungary, and Switzerland. By ERNST
LUNGE, J.U.D. 28. 6d.
10. Forms of Agreement issued by the Publishers' Association; with Comments. By
G. HERBERT THRING, and Illustrative Examples by Sir WALTER BESANT. 2nd Edition. 18.
[411 prices net. Apply to the Secretary, 39, ou Queen Street, Storey's Gate, S.W.]
## p. 132 (#532) ############################################
ADVERTISEMENTS.
The Society of Authors (Incorporated).
PRESIDENT.
GEORGE MEREDITH.
COUNCIL,
SIR EDWIN ARNOLD, K.C.I.E., C.S.l. | THE RIGHT HON. THE LORD CURZON | SIR A. C. MACKENZIE, Mus. Doc.
THE RIGHT HON. THE LORD AVE OF KEDLESTON.
PROF. J. M. D. MEIKLEJOHN.
BURY, P.C.
AUSTIN DOBSON.
THE Rev. C. H. MIDDLETON-WAKE.
J. M. BABRIE.
A. CONAN DOYLE, M.D.
SIR LEWIS MORRIS.
A. W. A BECKETT.
A. W. DUBOURG.
HENRY NORMAN, M.P.
ROBERT BATEMAN.
SiR MICHAEL FOSTER, K.C.B., M.P., GILBERT PARKER, M.P.
F. E. BEDDARD, F.R.S.
F.R.S.
J. C. PARKINSON,
SIR HENRY BERGNE, K.C.M.G.
D. W. FRESHFIELD.
A. W. PINERO.
AUGUSTINE BIRRELL, K.C.
RICHARD GARNETT, C.B., LL.D. THE Right Hox. THE LORD PIR-
THE REV. PROF. BONNEY, F.R.S.
EDMUND GOSSE.
BRIGHT, F.R.S
THE RIGHT HON. JAMES BRYCE, SYDNEY GRUNDY.
SIR FREDERICK POLLOCK, Bart.,LL.D.
M.P.
H. RIDER HAGGARD.
WALTER HERRIES POLLOCK.
THE Right Hon. THE LORD BURGH MRS. HARRISON (LUCAS MALET). E. ROSE.
CLERE.
THOMAS HARDY.
W. BAPTISTE SCOONES.
HALL CAINE.
ANTHONY HOPE HAWKINS.
OWEN SEAMAN.
EGERTON CASTLE, F.S.A.
JEROME K. JEROME.
Miss FLORA L. SHAW.
EDWARD CLODD.
J. SCOTT KELTIE, LL.D.
G. R. SIMs.
W. MORRIS COLLES.
RUDYARD KIPLING.
S. SQUIRE SPRIGGE. ,
THE HON. JOHN COLLIER,
PROF. E. RAY LANKESTER, F.R.S. J. J. STEVENSON.
SIR W. MARTIN CONWAY.
The Right Hon.W.E, H.LECKY, M.P. FRANCIS STORR.
MRS. CRAIGIE,
J. M. LELY.
WILLIAM MOY THOMAS.
F. MARION CRAWFORD.
THE REV. W.J. LOFTIE, F.S.A. | MRS. HUMPHRY WARD.
Hon. Counsel – E. M. UNDERDOWN, K.C.
COMMITTEE OF MANAGEMENT,
Chairman--A. HOPE HAWKINS.
SYDNEY GRUNDY.
GILBERT PARKER, M.P.
J. M. LELY.
E, ROSE.
HENRY NORMAN, M.P.
OWEN SEAMAN.
FRANCIS STORR.
A. W. A BECKETT,
A. CONAN DOYLE, M.D.
D. W. FRESHFIELD.
SUB-COMMITTEES.
ART.
HON. JOHN COLLIER (Chairman). I SIR W. MARTIN CONWAY. I M. H. SPIELMANN.
COPYRIGHT. .
A. W. À BECKETT.
A. HOPE HAWKINS.
J. M. LELY.
W. M. COLLES.
GILBERT PARKER, M.P.
DRAMA.
HENRY ARTHUR JONES (Chairman). I F. C. BURNAND.
A. W. PINERO.
A. W. À BECKETT,
SYDNEY GRUNDY.
EDWARD ROSE.
Suinitore_ FIELI), RoSCOE, and Co., Lincoln's Inn Fields.
16. HERBERT THRING, 39, Old Queen Street, S.W.
Secretary-G, HERBERT TARING.
OFFICES: 39, OLD QUEEN STREET, STOREY'S GATE, S.W.
-
## p. 133 (#533) ############################################
The Author.
(The Organ of the Incorporated Society of Authors. Monthly.)
FOUNDED BY SIR WALTER BESANT.
VOL. XII.—No. 8.
MARCH 1st, 1902.
[PRICE SIXPENCE.
-
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--
CHANGE OF ADDRESS.
to month as they come to hand. It has been con-
sidered unnecessary to print the full list with
every issue.
The office of the Incorporated Society of Authors
lias been removed to-
39, OLD QUEEN STREET,
STOREY'S GATE, S.W.
Donations ......................
........£1439 16
Subscriptions .................... 100 1
6
6
NOTICE.
T HE EDITOR begs to inform Members of the
Authors' Society and other readers of The
Author that the cases which are from time
to time quoted in The Author are cases that have
come before the notice or to the knowledge of the
Secretary of the Society, and that those members
of the Society who desire to have the names of
the publishers concerned can obtain them on
application.
DONATIONS.
Nov. 9, Dale, Miss .
Oct. 10, Harrison, Mrs. (Lucas Malet)
Oct. 15, Rossi, Miss L. ..
Oct. 25, Potter, M. H. .......
Oct. 30, Stanley, Mrs.
Nov. 21, Balfour, A. ......
Nov. 22, Risley, J.......
Nov. 25, Walker, W. S.....
Jan. 24, Church, Prof. R. A. H.
Jan. 29, Toplis, Miss Grace.
Feb. 1, Perks, Miss Lily..............
Feb. 12, Brown, Miss Prince
.........
Feb. 15, Wilkins, W.H. (2nd donation)
Feb, 15, S. G. ............
Feb. 17, Hawkins, A. Hope .............
Feb, 19, Burrowes, Miss E.
2 11
5 5
0 10
0 12
0 10
0 5
0 5
1 0
2 2
0 4
0 10
1 1
1 1
1 1
50 0
0 10
- - e x US
0
6
0
0
0
0
0
0
0
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0
0
0
0
0
0
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Subscriptions.
MEMBERS and Associates are again reminded that
the subscription to the Society is due on the 1st of
January in each year.
The Committee would feel obliged by punctual
attention to this rule, and request those who have
not already forwarded their subscriptions for the
current year to send the same to the Secretary
at their early convenience.
£ $. d.
Annual Subscription . . 1 1 0
Subscription to The Author . ( 5 6
Life Membership . . 10 10 0
ANNUAL SUBSCRIPTIONS.
Nov. 25, Vaux, P. .....
Nov. 25, Lambe, Lawrence ........
Jan. 17, Prelooker, J. ........
Jan. 20, Nickolls, F. C.
Jan. 22, Carey, Miss R. Nouchette ...
1
1
0
0
1
1
1
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FROM THE COMMITTEE.
THE PENSION FUND OF THE SOCIETY
OF AUTHORS.
M
M
HE following is the total of donations and
subscriptions promised or received up to
the present date.
Further sums will be acknowledged from month
VOL. XII.
Notes from the Society.
HE Committee have to regret the sudden
death of Mr. P. W. Clayden, who has
been a Member of the Society and Council
since 1890. Though perhaps not so well known
as a writer of books as a journalist, he was always
in warm accord with the aims and objects of the
## p. 134 (#534) ############################################
134
THE AUTHOR.
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Society. The death of Mr. Aubrey de Vere, who Caine, T. Hall, amount dependent on
had been for some time a Member of the Society, sam required.
must also be chronicled with regret. His work as Clodd, Edward . .
. . £1 1 0
a poet was well known and widely read.
Colles, W. M. .
. 5 5 0
Collier, The Honble. Jol
. 1 1 0
Conway, Sir W. Martin
. 1 1 0
The Work of the Society.
Craigie, Mrs. .
2 2 0
The general meeting of the Society has been Dobson, Austin . .
1 1 0
fixed for Wednesday, March 19th, at four o'clock,
Doyle, A. Conan. .
: 15 00
at the rooms of the Royal Medical and Chirurgical
Dubourg, A. W..
2 2 0
Society, 20, Hanover Square, W. Members will
Foster, Sir Michael, M
1 1 0
receive formal notice in due course.
Freshfield, D. W.
5 0 0
At the February meeting of the Committee,
Garnett, Richard
3 3 0
eighteen Members and Associates were elected, Gosse. Edmund
3 3 0
making the number of elections for the current
Grundy, Sydney.
2 2 0
year thirty-nine. This number is quite on a level
Haggard, H. Rider .
3 3 0
with former years.
Hardy, Thomas . .
2 2 0
At the same meeting an interesting case was
Harrison, Mrs. (Lucas Ma
1 1 0
laid before the Committee, and it was decided to Hawkins, A. Hope
10 0 0
take Counsel's opinion on behalf of the Member. Jerome K. Jerome
. 2 20
It will, no doubt, be possible, in a subsequent Keltie. J. Scott.
1 1 0
number of The Author, to print the opinion, but Kipling, Rudyard .
20 0 0
at present the name and matter in dispute cannot Lely, J. M."
. . . .
1 1
be given.
0
Loftie, Rev. W. J.
1 1 0
Since the last notice in The Author the Society Middleton-Wake, Rev. C. H. . . 2 2 0 )
has had nineteen cases in its hands. Of these Norman. Henry
1 1 0
seven were for money due, five for the return of Parker, Gilbert
3 3 0
MSS., and the others for the rendering of accounts, Pinero, A. W..
5 5 0
and various smaller matters. The Society has Pollock, Sir F..
during the said period obtained two judgments, Rose, Edward .
which are still unsatisfied, against a magazine, Scoones, W. Baptiste .
and a judgment on an account stated against a Sims, George R..
. . . . . () ()
publisher.
Sprigge, s. S. . .
20
All the matters reported in January have been Stevenson. J. J.
220
settled with the exception of two minor cases Ward, Mrs. Humphry
5 0 0
which are in the course of settlement and of no
great import. Of the nineteen entered into
Total £141 1 0
since the last statement, eight have been already
satisfactorily concluded.
Donations from Jembers anıl Others.
The Committee have decided to take two actions
into the County Court.
. . £0 10 6
Allingham, William, F.R.S.
.
1 1
The Right Honourable the Lord Avebury, P.C.,
0
Ames, Percy W.
. 1 1
who, as previously stated, consented to take the
0
Anonymous
1 1 0
chair of the Nobel Prize Committee, has been
Anonymous
0 6
elected a Member of the Council of the Society.
Anonymous
. . . . . 1 1 0
Anonymous
0 5 0
Anonymous
. ( 3 6
Besant Memorial.
Anonymous
. ( 26
Donations from Members of the Council. Anonymous
1 1 0
Anonymous. .
0 5 0
Meredith, George, President of the
“ Aunt Cherry”.
1 1 0
Society
. £10 0 0 Baker, James ..
1 1 0
Avebury, The Right Hon.the Lord, P.C. 1 1 0 Beeby, Rev. C. E.
. 1 1 0
à Beckett, A. W. . . . . 1 1 0 Bell, Mackenzie.
1 1 0
Barrie, J. M. . . . . . 5 5 0 Bentwich, Herbert
1 1 0
Bateman, Robert . . . . 5 0 0 Boevey, Miss Crawley. . . . ( 10 ()
Beddard, F. E. . . . . . . ( 0) Bond, R. Warwick
0 10 6
Bonney, Rev. T. G. . . . . 220. Brodrick, The Hon. Mrs. . . . 1 1 0
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Bullen, F. T. .
Barrowes, Miss E. ..
Carey, Miss R. N. ..
Carr, Rev. A. .
Church, Professor A.
Clarke, Cecil .
Clericus
Clifford, Mrs. W. K. .
Collins, F. Howard ..
Cook, C. H. .
Cordeaux, Miss K. M.
Cox, Miss M. Roalfe .
Croker, Mrs. B. M. .
Crouch, A. P. . .
Dale, Miss Nellie .
Davey, Mrs. E. M. .
de Crespigny, Mrs. .
Dixie, Lady Florence.
Doudney, Miss Sarah .
Duwsett, C. F. .
E. .
E. B. .
“ Edna Lyall”
Ellis, Walter
E, S. B. .
Evans, Miss
F. B. D. .
Fenton, Ferrar.
Garnier, R. M. .
Garvice, Charles.
Gibbs, Miss E. A.
Gill, Miss M. .
Gilliat, Rev. E. .
Gleig, Cearles .
Gollancz, Israel .
Gowing, Mrs. Aylmer.
Graham, James M.
Grahame, Kenneth .
Gray, Maxwell.
Gray, Miss Annabel .
Guthrie, T. Anstey .
Hales, Professor A. H.
Halford, Andrew .
Hamilton, Bernard .
Hardy, Thomas G. .
Harraden, Miss Beatrice
Harries, Miss Maud.
Harries, Miss Anita . .
Hellier, H. G. . .
Henderson, Miss Florence .
Hodgson, Shadworth H.
Hoey, Mrs. Cashel .
Hollins, Miss Dorothy
Holmes, Miss Eleanor
Honneywill, W. Keppel
el .
Hornung, E. W.
Hutchinson, Rev. H. N. .
Hyne, C. J. Cutcliffe. .
. £1 1 0 1. J. A. .
£0 2 6
: 0) 5 0 Infelix .
5 0
. 1 1 0 Ivatts, E. B.
6. B. . . . . . . 1 1 0
1 10. Jacobs, W. W.
. 1 1 0
-Blake, Miss Sophia, M.D. . . i I 0)
1 1 0. Johnson, V. E. . .
0 5 0. Kelly, C. A. .
2 2 0
1 1 0 Kersey, W. H. .
. 0 5 0)
• 2 2 0 Lefroy, Mrs. C. P. .
1 1 0
1 1 0 Lowndes, Mrs. Belloc.
1 1 0
. 0 10 6 Maartens, Maarten .
1 1 (1)
0 10 0 Marks, Mrs. Mary
( 10 6
1 1 0 McBride, Captain E. E.
. 1 1 0
0 10 6 McKinny, S. B. G. .
1 1 0
: 0 10 6 Miller, Miss E. T. .
( 5 0
. 1 1 O. Moncrieff, A. R. Hope
. 1 0 0
( 10 ) Nixou, J. E.
. 1 0 0
. ( ō 0 Nunn, J. J. W..
. () 5 0
1 1 0 P.
. () 26
. 1 1 0 Parker, Miss Nella .
: 0 10 0
. 0 10 0 Parr, Mrs. Louisa .
0 0
: 2 2 0 Pengelley, Miss Hester
. ( 10 €
. 1 1 0 Penny, Mrs. Frank .
. 1 1 0
. 110. Perks, Miss Lily
. ( 10 0
0 5 0 Polkinghorne, Miss Ruby
: () 10 6 Pollock, Miss E.
1 1 0
10 0 Pool, Miss M. A.
. . . . () 5 0
5 0 Porritt, Norman .
0 5 0 Prichard, Hesketh
1 1 0
110 Reid, Sir Hugh Gilzean. LL.D. ..
1 1 0
() 10 0 Riddell, Mrs. J. H. . . .
1 1 0
1 1 0 Roberts, Morley . .
1 1 0
. () 10 6 Rossetti, W. M. .
( 5 (0)
. 1 1 0 Russell, Sir W. H.
1 1 0
1 1 0 Saxby, Miss E. M. A. F. .
. 1 1 (0)
0) 100 Shaw, Commander the Hon. H. N.
· 0 10 0
1 1 0 Sherwood, Mrs. .
0 10 6
220) Smith, H. W. .
( 10 0
: 0 5 0 Spencer, Herbert ..
2 2 0
1 1 0 Spielmann, M. H. ..
220
1 1 0 Spiers, Victor
( 10
1 1 0. Stanton, Miss H. M. E. . . . 1 1 0
0 10 0 Street, G. S. .
. 1 1 0
. 1 1 0 Stretton, Miss Hesba.
220
1 1 0 Swynnerton, Rev. C. .
0 10 0
1 1 0 Thring, the Rev. Prebendary Godfrey. 1 0 0
() 3 ( Todd, Miss Margaret .
1 1 0
0 % 0 Toplis, Miss Grace .
() 26
0 10 6 Toynbee, William ..
1 1 0
0) 5 0 Tozer, Basil .
0 10 0
. 1 1 0 Twycross, Miss Minna
0 0
. 1 1 0 Voysey, Rev. Charles .
0 5 0
1 0 0 Walker, Sydney F. .
0 10 0
0 10 0 Warren, Lieut.-General Sir Charles,
. 1 1 0 G.C.M.G. . . . . .
. 2 20. Watt, A. P. & Son .
26 5 0
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## p. 136 (#536) ############################################
136
THE AUTHOR.
Wheelwright, Miss E.
. £0 10 0 before every important college in the States. His
Whitby, Mrs. J. E. .
: 0 10 0 talks were always on historical themes, and to
Wilkins, W. H. .
• 1 1 0 academic audiences.
Wilson, Miss Aphra.
An article by a Member of our Society is appear-
Woods, Miss M. A. . . .
ing in the current number of the Nineteenth century,
Workman, James .
. 1 1 0 analysi
analysing the popular game of Bridge, and show-
W. P. K. .
.. ( 10 0 ing it in a new light as a game with unscientific
Zangwill, I.
. 1 1 0 foundations. It reproaches society for bringing a
slur upon the nation. Why throw over the renowned
Total £147 80 and world-widely played national game of whist for
Council Donations
141 1 0 an untested pastime?
“ The Chemistry of Paints and Painting," by
Total (Feb. 22nd)
Professor A. H. Church, is now in its third edition,
revised and enlarged (68., Seeley & Co.). As
Professor of Chemistry in the Royal Academy of
Arts, London, Dr. Church writes with authority.
It is a valuable manual by an expert. There is no
BOOK AND PLAY TALK,
book in English on the same lines, and it adequately
meets a felt want.
The International Society of Comparative Juris-
(R. ALFRED AUSTIN'S new volume
prudence and Public Economy, which has its head-
quarters at Berlin, but which boasts a distinguished
1 bearing the title, “A Tale of True Love,
membership throughout the civilised world, has
and other Poems,” is to be published at
just undertaken a work of great importance. It
Easter by Messrs. Macmillan. It is dedicated, in a
proposes to issue a series of volumes containing the
sonnet, to the memory of Robert Louis Stevenson.
Private Law of the different civilised communities
Her Majesty the Queen has accepted a copy of of the world, drawn up, so far as circumstances
Part I. of the “Songs of a Child," by Darling. permit, on the model of the German Imperial Civil
Part II. is in the hands of the publishers (Leaden- Code of 1900. The place of honour in the series
hall Press), and will appear in due course. As has been allotted to the English volume, the editor-
most people know, “ Darling” stands for Lady ship of which has been entrusted to Mr. Edward
Florence Douglas, now Lady Florence Dixie. Jenks, with whom a number of distinguished jurists
will collaborate. It is hoped that this volume
There is a long poem entitled “Esterelle ; or,
or, will appear before the close of 1903.
The Lure Witch of the Alpine Glen.” The poem
of some eighty-six verses called “Waifs and Strays;
George Paston's new book, “ Little Memoirs of
or, The Wanderings of a Bohemian Abroad,” was
the Nineteenth Century," is to be published about
written while wandering in the footsteps of an
Easter by Mr. Grant Richards. Its price will be
elder brother, who had passed through the scenes
10s. 611., and it is a companion volume to this
described by the writer, previous to his death on
author's “Little Memoirs of the Eighteenth Cen-
the Matterhorn. The three “In Memoriam” verses
tury,” which scored a deserved success, for the
on this brother, Lord Francis Douglas, have the
Memoirs were very well written, and were compiled
ring of true poetry.
with scholarly care.
The Berlin correspondent of the New York
The subjects of these “ Little Memoirs of the
Nineteenth century's are: B. R. Haydon. the
Times recently telegraphed to that journal that
hat artist ; Lady Morgan; N. P. Willis, the American
artist : Lady
Prince Henry of Prussia, acting presumably on the author of is Pencilings by the Way”: Lady
advice of Ambassador White, was engaged in Hester Stanhope : William and Mary Howitt; and
studying Mr. James Bryce's “ American Common Prince Püchler Muskau who wrote a 6 Tour in
wealth,” and Mr. J. F. Muirhead's “Land of
England and Ireland,” published in 1831.
Eng
Contrasts,” preparatory to his visit to the United
States. The latter volume is about to appear in
George Paston has chosen minor celebrities
a new edition, with the amended title of “ America:
whose stories seemed to illustrate the social life-
the Land of Contrasts.” Mr. John Lane is the
more especially the literary and artistic social life
publisher.
-of the first half of the century. Besides a
charming book on Mrs. Delaney, George Paston has
Mr. Poulteney Bigelow has just returned from a published half-a-dozen good novels. Of these “ A
lecturing tour in America, where he has lectured Writer of Books " was the last and the strongest.
## p. 137 (#537) ############################################
THE AUTHOR.
137
e
n orkabire me publish it very soon Industrious
In his “ Anticipations" (Chapman and Hall) Mr. The same firm will publish about Easter a new
H. G. Wells has something to say about authors and book by Mr. Robert Barr, entitled “A Royal
publishers. After declaring that there is neither Tramp.” The Tramp in question is James V. of
honour nor reward—not even food or shelter—for Scotland. There are to be a dozen illustrations by
the American or Englishman who devotes a year E. J. Sullivan. Price 6s.
or so of his life to the adequate treatment of any Yorkshire in the early years of the nineteenth
spacious question, he goes on to say :-
century is the scene of Mr. Halliwell Sutcliffe's
“ The production of books in English, except the author forthcoming novel. There is a good deal about
be a wealthy amateur, rests finally upon the publishers, the Yorkshire wool-combers in the story. Mr.
and publishers to-day stand a little lower than ordinary
• tradesmen in not caring at all whether the books they seil Fisher Unwin will publish it very soon.
are good or bad. Unusual books, they allege-and all good Mr. S. Squire Sprigge's “ An Industrious
books are unusual—are · difficult to handle,' and the author
author
Chevalieru isto
Chevalier" is to appear about Easter. In some
must pay the fine, amounting, more often than not, to the
greater portion of his interest in the book. There is no
twelve episodes the author relates the knavish
criticism to control the advertising enterprises of publishers career of the hero, who is a smart rascal. Messrs.
and authors. A bastard criticism, written in many cases by Chatto and Windus are the publishers. Price 6s.
publishers' employees-a criticism having a very direct
relation to the advertisement columns-distributes praise
Sir Walter Besant's “ The Art of Fiction” is
and blame in the periodic Press."
being issued by the same firm. It is the lecture
Mr. Wells declares that the New Republic will
delivered before the Royal Institution in 1884. It
sustain its authors.
was printed as a pamphlet. Now it appears in an
attractive cloth binding at 1s. nett.
** In the past the author lived within the limits of his
patron's susceptibility, and led the world, so far as he did There is a long novel by E. Nesbit, called “ The
lead it, from that cage. In the present he lives within the Red House," running serially in Harper's Bazaar.
limits of a particularly distressful and ill-managed market.
... To write one's best is surely sufficient work for a
There is also a serial story for children by this
man ; but unless the author is prepared to add to his prolific writer appearing in the Strand Magazine,
literary toil the correspondence and alert activity of a A new volume of her poems is in preparation.
business man, he may find that no measure of acceptance
will save him from a mysterious poverty."
Miss Iza Duffus Hardy's new novel, “ Man,
Mr. Wells further declares that the men of the
Woman and Fate," is to be published some time in
April by Messrs. Chatto and Windus. Price 6s.
• New Republic will endeavour to shape great
publishing trusts and associations
Madame Bell Ranske's book, “Health, Speech,
and Song,” is illustrated by herself. It is published
** That will have the same relation to the publishing
office of to-day that a medical association has to a patent by Messrs. Swan, Sonnenschein & Co.
medicine dealer. They will not only publish, but sell;
Mr. E. F. Benson's novel, “Scarlet Hyssop,”
M F F Benson's novel "Snorlet Hysson »
their efficient book shops, their efficient system of book-
distribution will replace the present haphazard dealings of is a study of modern society. Mr. Heinemann is
quite illiterate persons under whose shadow people in the its publisher.
provinces live.”
Mr. William Le Queux's latest novel is full of
“ Tom Genuflex ; or, Life's Little Day,” is the mystery and adventure. It is called “ The Under
title of a story by Aunt Cherry. Tom Genuflex is Secretary.” This entertaining author appeals to
a very Ritualistic curate. Though vowed to an increasing public. Messrs. Hutchinson & Co.
celibacy, he longs to make the fascinating-and are the publishers.
unscrupulous-Desirée his wife. She amuses her- «The Golf Lunatic." by Mrs. Edward Kennard.
self with him, throws him over, and marries a rich
is published by the same firm. The story of the
man. The end of the story readers must find out
golf lunatic is told-very well told—by his wife,
for themselves.
who develops a cycling craze. This popular
“Mamie ; or, When Daddy Comes Home,” is a authoress has done nothing better.
pretty little tale by the same writer. These stories, In a little autobiography which appeared in a
as well as “ Lyrics Low and Loud of Love and
and recent issue of J.A.P., “Rita," who is a prominent
Lamentation," can be obtained from the authoress
member of the Society, says, “ This year of grace,
at Llwyn-y-brain, Whitland, South Wales.
1902, I despatched my fiftieth messenger to a
Mr. Jerome K. Jerome's novel, “Paul Kelver," public that has been very kind to me.” Fifty
is now running, appropriately enough, in that books is indeed no mean record. “Rita” says :-
bright little weekly, To-Day.
“My adored Charles Dickens died soon after I came to
“ Bar, Stage, and Platform " is a volume of England ; but I had the pleasure of the acquaintanceship
autobiographic memories, by Mr. Herman Meri-
of his son, and did a great deal of work for him for All the
Year Round and lIousehold Words. Indeed, when the
vale, which Messrs. Chatto and Windus will publish
latter periodical was resurrected after many years, I was
shortly. The price is to be 128.
requested by Mr. Dickens to write the opening serial.”
## p. 138 (#538) ############################################
138
THE AUTHOR.
“ Dame Durden,” “ Darby and Joan,” “My Then there is Mr. Henry Norman's “Real
Lord Conceit,” and many of her earlier novels Japan”; Mr. B. H. Chamberlain's “Things
appeared in the columns of Householl Words. Of Japanese”; Mr. W. G. Aston's “History of
“Rita's "later novels, perhaps “ Peg the Rake" has Japanese Literature”; and, last, but by no means
been one of the most successful. It ran into least, there are Mr. Lafcadio Hearne's books.
edition after edition. But a new novel from Rita They make delightful reading.
is always warmly welcomed by her faithful public. The author of "Indian Nights Entertainments,"
The first edition of Dr. Panter's poem, “Gran- a book which attracted a good deal of attention
uaille,” published by Messrs. Jarrold and Sons, some years ago, is about to publish a similar
being nearly exhausted, a second edition will collection of Indian tales under the same title.
shortly appear.
“No Place for Her" is the title of a novel just
In important book just out is “ The Scenery of
published by Miss J. S. Wolff, author of “ Stories
from the Lives of Saints and Martyrs of the
England and the Causes to which it is Due,” by
Church,” “ Les Françaisen Ménage,” “Les Français
the Right Hon. Lord Avebury, F.R.S., D.C.L., Sc.
(Macmillan & Co., 15s. nett). It is admirably en voyage, &c. 38. 6d.
illustrated.
The “Henry Arthur Jones Birthday Book " is
to be issued shortly by Anthony Treherne & Co.
In this delightful book, at once fascinating and
It has been arranged by Mr. Sidney Dark, author
I has been a
thorough, Lord Avebury deals with the scenery of
of “Stage Silhouettes.” Mr. Jones's many ad-
England much as he dealt with the scenery of
the scenery mirers will welcome this collection of wise and
Switzerland. This latter was published in 1896,
890, witty extracts from his dramas.
and met with an encouraging success.
Mr. Jones has written two fresh plays. One of
Mrs. H. E. Hamilton-King, author of “The them is to be produced at the Duke of York's
Disciples," is about to publish, through Mr. Grant Theatre very soon. It is a comedy of intrigue in
Richards, a new volume of verse entitled “The four acts. Miss Irene Vanbrugh is to take the
Hours of the Passion, and other Poems.”
part of the leading lady.
Considerable interest attaches to the publication, Miss Lena Ashwell, who made such a favorable
by Mr. Heinemann, of the English translation of impression in “Mr. Dane's Defence,” will almost
the Latin text of the “ Trial and Rehabilitation of certainly have a strong part in Mr. Jones's second
Jeanne d'Arc.” This was translated into French play, which is a serious study of modern life.
by Guicheral, in the forties, for one of the French Mr. William Gillette's successful season with
learned societies; but it has never before been done “Sherlock Holmes ” will terminate on Saturday,
into English.
April 12th.
It is probably the only instance of a complete “Mice and Men,” at the Lyric, is proving such
biographical record of the greatest historical im- an unqualified success that Mr. Forbes Robertson
portance being taken down by evidence on oath, will extend his season until the middle of August.
The depositions cover the whole pathetic story of Miss Gertrude Elliott is a charming and truly
the childhood of the Maid, her military career as delightful Peggy.
commander-in-chief of the French armies, her Mr. Anthony Hope's witty and satirical comedy.
capture, imprisonment, and death at the stake, as
the stake, is “ Pilkerton's Peerage,” at the Garrick is drawing
« Pilkerton's
described by eye-witnesses.
smart audiences. Mr. Sam Sothern, third son of
In view of the Anglo-Japanese Treaty, Mr. famous Dundreary Sothern, plays --- and plays
Archibald R. Colquhoun's book, “ The Mastery of admirably—the part of Herbert V. Bascom, M.P.
the Pacific,” which has just been published by Mr. Mr. George Alexander will produce Mr. Stephen
Heinemann, has a special interest. Mr. Colquhoun Phillips's " Paolo and Francesca " at the St.
is one of the first living authorities on the Far James's Theatre on March 6th. “ Ulysses" is
East. He has lately visited the principal islands doing well at Her Majesty's Theatre.
of the Pacific, around which he believes the great
It seems that over 6,000 copies of the English
conflicts of the twentieth century will be waged.
edition of “ Ulysses ” have already been sold, while
The numerous illustrations are from specially taken
some 70,000 of Mr. Phillips's other books have
photographs.
been sold since the end of 1897.
A book worth re-reading in the light of recent
events is Mr. J. Stafford Ransome's “ Japan in
Transition ” (Harper's). The chapter on Japan
as an ally is particularly to the point.
## p. 139 (#539) ############################################
THE AUTHOR.
139
1
By a careful arrangement the liability of the
LITERARY, DRAMATIC, AND MUSICAL
contracts he has entered into is, when possible,
PROPERTY.
transferred to the company, and the magazine
proceeds on its precarious journey.
The magazine, run on parsimonious lines, fades
away, and in due course the capital of the company
Some Magazines, their Life Story.
runs short. Straightway those who are “in the
know” issue debentures securing their own debts,
M HREE or four years ago, owing to the and perhaps obtaining a little more capital to
disastrous way in which some magazines had carry on the concern. During the whole of this
been managed, and the subsequent pro- period the magazine is generally run on cheap
ceedings taken in bankruptcy against them, the lines so far as the mass of the writers are concerned,
Committee of the Authors' Society decided to although one or two well-known authors contribute
draft a small Bill by which contributors should on an advantageous contract, the financial side of
rank as preferential creditors.
which the proprietary takes good care to meet.
Such a Bill was accordingly drafted by Counsel, The supply of capital then comes to an end,
on the instructions of the Committee, but when it and still there are many contracts which have been
came to bringing forward the question in entered into by the editor on behalf of the company
Parliament considerable difficulty was experienced. which are binding at law, and from which the
One Member thought the matter of too small contributors cannot retire.
consequence (it was evident that he was not The crash at last comes. An enraged contributor
a contributor to the magazines himself). Another or printer obtains judgment, issues execution, and
thought that contributors should look after them- is at once met by the representative of the land-
selves, so far as the solvency of magazines was lord or the receiver of the debenture holders ; the
concerned. Another thought that the Government latter is often placed in possession, and continues
would be unwilling to increase the number of to run the magazine for the benefit of those he
preferential creditors. At last the Committee represents. From the point of view of the
obtained a Member bold enough to support the public and the outside contributor, it still
measure in the House of Commons, but, owing appears that the paper is going on a prosperous
to the fact that no opportunity arose, the Bill had course. Only those unfortunates who have been
to be laid aside.
trapped are aware of the difficulties of the
During the last year or so the difficulties arising position, and finally one of them sums up courage,
consequent upon the bankruptcy of magazines realises at last that the case is hopeless, and throws
have again brought this question strongly forward, the company into liquidation. A liquidator is
and it is necessary again to lay before the Members appointed, and in due course the Court orders the
what has already appeared in the pages of The compulsory sale of the assets. Then comes the
Author, namely, the modus vivendi that some opportunity of the individual who first started the
magazines adopt, deceiving the public, deceiving magazine. He obtains a little more capital —
the contributors, while they supply a precarious perhaps he has a little himself—and purchases the
living for the editor and a few of those who are whole assets of the company at a very low figure,
in the inner ring.
and continues to keep the magazine on the market,
A magazine may be started in the first instance and is ready once more to run through the cycle of
hy an individual with a small capital, who advertises quick changes.
largely for MSS. or obtains them by personal As it is often the case that the company is
connection. He then proceeds to sink the balance registered under an entirely different name to the
of his capital in advertisements. The magazine is magazine, it is very nearly impossible for those
run for a period of five or six months, and many outside to know the difficulties and dangers
contracts are entered into by the acceptance of through which it has passed, and a further batch
the "copy" sent in. The capital of the individual of contributors fall victims.
then begins to run short, but he has obtained a During all these vicissitudes the editor has
marketable commodity by the publication of the obtained a precarious though perhaps unsatis-
magazine for the few months, and by the contracts factory living. He is a preferential creditor who
that he holds with the many contributors. He can also guard himself by his knowledge of the
then looks round for someone with capital whio internal affairs of the company. He in most cases
is interested in literary productions, and forms a does so. He is also a debenture holder.
limited liability company, dealing out shares to Though ail bankrupt magazines, we are glad to
the provider of the necessary, and appointing say, are not run on such an iniquitous basis as that
himself as editor.
put forward, yet the dangers and difficulties in one
## p. 140 (#540) ############################################
140
THE AUTHOR.
form or another are constantly occurring, to the
detriment of those Members of the Authors' Society
who live by their contributions.
It must again be clearly understood that
Members cannot be too careful with what
magazines they deal, and must be always prepared
to demand prompt payment from those who are
not absolutely trustworthy. Very often when
the matter has been put into the Secretary's
hands at once, payment has been secured before
the final crash, and as a general rule, the Secretary
is cognisant of their financial position.
It would be to the advantage of all parties if
such a Bill as the Society prepared could pass
into law. Another clause, however, which ought
to be incorporated, would be to the effect that
as soon as a magazine becomes bankrupt, it should
be unlawful to continue to run that magazine
with the same name, with the same binding,
and generally the same format.
As, however, it appears to be impossible to get
even moderately reasonable legislation along these
lines, the only resource left is to strongly advise
authors that they cannot be too careful with what
magazines they deal, and to see that their contracts
are clear and their payments prompt.
G. H. T.
pocket in the case of the individual book, yet, in
the long run, is bound to damage both his pocket
and his reputation.
Publishers collect a series of sets of 68. books,
twenty-five in each set—and offer them to the
trade at 1s. each, provided that the bookseller buys
the whole set as selected by the publisher.
In each set there is, of course, a bait to trap the
unwary-say, a second-class novel by a first-class
writer.
From the publisher's point of view this method
was for a time successful; but the better-class
bookseller found that he was saddled with twenty
worthless books for every twenty-five he purchased,
and, in addition, had a strong objection to seeing
the second-class novel by the first-class writer sell-
ing at another shop for 1s. 9d. when he was trying
to sell the same book for 4s. 6d. The publishers
stoutly refused to call this a remainder sale.
The author's side of the question is very serious.
True, he is paid his full royalty, but it is no satis-
faction to receive a loaf of bread to-day, when you
see the loaf of bread which is yours for tomorrow
deliberately destroyed.
For the result may be that the public will not
buy to-day the print that may drop into its mouth
to-morrow,
In addition, the public may easily be persuaded
of the worthlessness of an author's writings if it
sees them sold within a short time from publica-
tion at what must necessarily appear to be remainder
prices.
Authors, therefore, must be careful of their
agreements, and must look to it that their books
are not remaindered at the arbitrary will of the
publisher when and where he likes.
Remainder Sales.
THE question of remainders is a serious one for
all authors. Many times has it been pointed out
in these pages that publishers are men of business,
although there may be still one or two left who
like to strut about in the garb of philanthropists.
But the cloak does not deceive. Snatch it away,
and they are as like their fellows as peas in a pod
-yes, men of business.
It is certain, therefore, that the author must
protect himself or go to the wall. As in other
points, so with regard to remainder sales.
Publishers with full lists, as soon as they have
sold a sufficient number of copies of one season's
books to cover their outlay and bring in their per
centage, desire to clear their shelves of stock, and
prepare for a fresh output.
It is essential, therefore, to give a book a fair
chance-which in many cases it does not get—that
a clause should be inserted in the agreement by
which no remainder sales should be made without
the consent of the author within, say, two years
from the date of publication.
This clause in an agreement would seem to the
uninitiated to put the case clearly, and to cover
all points. But there has come to our knowledge
a method of selling books at reduced prices, which,
though perhaps not damaging to the author's
Performing Rights.
As from time to time the question “how far
recitations may be called dramatic,” gives rise to
different disputes between author and actor, the
following opinion of Counsel, taken on behalf of
one of the Members of the Society, has been
published.
Though no doubt each particular case must be
settled on its particular merits, there are certain
leading cases and certain broad lines which govern
legal opinion.
We regret the author does not desire his name
mentioned, and that therefore it will be impossible
to mention the name of the book. Such a
publication would be of great importance in a
matter of this kind and the non-publication
a serious disadvantage.
Roughly, the details are as follows :-
A well-known actor wrote to an author no less
## p. 141 (#541) ############################################
THE AUTHOR.
141
known, and asked him to write a poem for recita- Thus in Fuller v. The Blarkpool Winter Gardens
tion. The MS. was forwarded, and the actor at Co., 1895 (2 Q. B. 429), the Court of Appeal held
once commenced reciting it in public. There was that the song " Daisy Bell” was not a dramatic
no question of remuneration, but the actor stated piece, overruling the Judge in the Court of first
that the fame conferred by the recitation would be instance, who had decided on the strength of
as high a reward as the author deserved.
Russell v. Smith that the song was a dramatic
However, when the poem was recited the piece.
author's name was on every occasion omitted, and it is clear that the Court did not agree with
he was thus deprived of the fame which had Russell v. Smith, although that case is not over-
induced him to sanction the recitation.
ruled in terms. If that case is no longer to be
He thereupon wrote forbidding the recitation relied upon, the author's poem is not protected.
for the future, but received no reply whatever. Suppose, however, that the case would be followed
The work was subsequently published in serial to-day, is the author's little poem on the same
and book form, and in spite of the prohibition, the footing as the song in this case ? I think not.
actor continued to include it in his repertoire. The song was written with the intention that it
The questions put to Counsel were as should be sung in public, and sung with a good deal
follows:-
of action. The author's poem, on the other hand,
1. What performing rights had the author in
was first published in a magazine, and then as an
the recitation of his poem? (Russell v. Smith, 12
illustrated book ; and it was published primarily
Q. B. 217.)
as a narrative to be read, not as a piece to be
represented. According to Fuller v. The Blackpool
2. If he holds any rights, does he appear to have
transferred these rights to the actor ?
Winter Garden Co., it is a question of fact whether
3. If he has transferred any rights to the actor,
a composition is dramatic or not, and the question
has he any action against him for non-publication
must be what was the character of the composition
when first published.
of his name?
I do not think anyone can
4. If he has not transferred any rights to the
say that the character of the poem when published
actor, can he obtain an injunction to restrain him
was dramatic. Mr. Cutler in his little book on
from reciting ?
Copyright suggests a test as to whether a composi-
5. Generally as to the author's position under
tion is dramatic or not, which is worth applying,
the Copyright Acts.
but which is not supported by judicial authority.
He says that where a reciter assumes a personality
Counsel's opinion was as follows:-
other than his own he is giving a dramatic enter-
Literary compositions may as a rule be classed tainment. Hence a recitation of Tennyson's
under one or the other of two heads : (1) those “Northern Farmer” would be a dramatic enter-
that are purely literary; (2) those that are tainment, because for the time being the reciter is
dramatic. If a writing comes under the first head, the northern farmer. But a recitation of “ Enoch
I know of no legal principle available to prevent Arden” could not be such an entertainment,
any person from reading or reciting the piece in because the reciter is simply telling the author's
public, whether for profit or not. If it comes story for him. By this test, in my opinion, the
under the second head, then protection is afforded poem referred to is not a dramatic piece. At one
under the Act of 3 & 4 Wm. IV. c. 15 ; which is time readings from Dickens were common at
entitled “ An Act to amend the Laws relating to entertainments all over the country. I have never
Literary Property," and which renders an unauthor- seen it suggested, however, that such a reading was
ised person liable to penalties for giving a representa- an infringement of any copyright, or that it was a
tion of any dramatic piece. “ Dramatic piece” is dramatic entertaiument. Nor have I heard of
defined by 5 & 6 Vict, c. 45, s. 2, to mean “every any attempt to restrain anyone from reading in
tragedy, comedy, play, opera, farce, or other scenic public copyright prose or verse which was published
musical or dramatic entertainment.” In deciding with no expressed or implied intimation that it
whether any particular piece comes within the was intended to be represented dramatically.
protection of the first-mentioned Act, the diffi It must be remembered further that the law
culty of course arises with the pieces which are will not interfere to prevent a dramatic representa-
near the border line. In Russell v. Smith (12 tion of the story contained in a copyright novel.
Q. B. 217) it was held that a certain song sung by On these grounds I am of opinion that the author
one person with a good deal of action, but without has no performing rights in his verses, that he has
costume, was a dramatic piece. It is very doubt- nothing to transfer, and that he cannot obtain an
ful, however, whether the Courts will now follow injunction against the actor, or against any other
this case ; it is almost certain that they will not person who chooses to read or recite his verses, for
go nearly so far.
profit orotherwise, with or without an announcement
## p. 142 (#542) ############################################
142
THE AUTHOR.
of the author's name. This is, in my opinion, publishing books and other writings without the
the position since the poem appeared in print. Let consent of the authors or proprietors, to their very
us go back, however, to the period before it great detriment and too often to the ruin of them
appeared in print. The actor recited the piece and their families." I have ventured to italicise
with the author's consent, and that consent was the words " and other writings" because there is a
never absolutely withdrawn, but it looks as if he tendency nowadays to recognise copyright in
may have a cause of action against the reciter for books--that is, in bound volumes—as something
breach of contract, though the facts before me totally distinct, and worthy of a protection which
are hardly full enough to enable me to express a is denied to any other writing not in a bound
definite opinion on this. When the author sent volume. It is perfectly evident that though the
his poem in MS., did he expect to be paid for it? Act was avowedly" for the encouragement of
If so, did he forego his right to payment in con- learned men to compose and write useful books,"
sideration of the fame he hoped for from the reci- the word “books " was used to cover all literary
tation of his verses by so well known an actor, matter, the penalty was fixed per sheet, and what-
and was the actor's letter an undertaking on his ever was registered at the Stationers' Company
part to try and bring that fame?
was a book.
If these questions are answered in the affirma. But in the days when that Act was passed there
tive, the author appears to have a cause of action was the same opposition to this protection of books
against the actor for breach of his contract, as the as there is now to the protection of books not in
suppression of his name was certainly a breach of volume. In 1735 “The Whole Duty of Man," in
that undertaking. I cannot suggest any other legal 1739 “Paradise Lost," in 1763 “ Thomson's
step which can be taken with any prospect of Seasons," all became subjects of litigation, and no
success.
doubt the would-be reprinters of those works
HENRY W. DISNEY. urged then much the same arguments as are urged
4, Elm Court.
now by people who, while they would regard the
republication of the most trashy novel without the
consent of the author as a dishonest act, have not
the smallest hesitation in habitually republishing
other literary work, which may be much more
NEWSPAPER COPYRIGHT_“THOU
valuable, which may have cost quite as much
SHALT NOT STEAL.”
effort-provided only they find it in a newspaper.
Those arguments are mainly three :-
(1) That it has become so common a practice
M HE above quotation from the Decalogue is that it is sanctified by custom.
I probably familiar to a large number of (2) That, provided the origin of a stolen para-
persons who, while praying weekly that graph is acknowledged, no act of dishonesty is
their hearts may be “inclined to keep this law,” not committed.
only make their living by daily theft but advocate (3) That it is in the public interest that news
with all earnestness, and I believe with honest should be made public, and that it is against the
sincerity, that as receivers and retailers of stolen public interest that it should be confined to the
goods they are performing a meritorious duty to readers of a single paper.
the public.
The first argument is one that at different stages
The Law of Copyright is the eighth command of civilisation it was possible to urge in defence
ment applied to a particular class of goods. The of all theft.
complicated conditions of modern life have rendered
“ The good old rule, the simple plan,
necessary a variety of terms to cover the different
That he should take who had the power,
sorts of offences which were comprised in four
And he should keep who can,"
words of the Decalogue. Theft, larceny, shop-
lifting, piracy, misappropriation, breach of copy is not so very old; but the fact that everyone
right are among the number; the last as the most stole when he could did not make theft less a
recent, and as applying to a new class of property, breach of the eighth commandment, did not render
is less generally understood. It is only 250 it less immoral or less illegal. The fact that theft
years ago that the property in literary work was is difficult to detect or expensive to punish may
acknowledged in express terms as a Common Law make it common, but cannot make it right. “You
right, less than 200 years since the first Act was might as well” (to quote Mr. Justice North)"plead
passed to remedy a complaint that “printers, book- the custom of Hounslow Heath.”
sellers, and other persons had of late frequently Equally fallacious is the second argument. To
taken the liberty of printing, reprinting, and quote the same authority : “A man cannot justify
## p. 143 (#543) ############################################
THE AUTHOR.
143
the taking of what he has no right to take by driven to contend that there can be no property
stating whence he has taken it, though he mayin newsjust as it was contended, some 150 years
thereby avoid the additional dishonesty of passing ago, that there could be no property in Milton's
off as the product of his own labour what really is “Paradise Lost ” or in Thomson's “ Seasons."
stolen from another.”
To defend this position it has been found neces-
Of course, if the person from whom it is taken sary to assume that news is synonymous with fact,
has no objection to its being taken with such and to assert the obvious truism that there can be
acknowledgment, then it is no longer a question of no copyright in a fact. I do not know whether it
theft ; but if nine persons hold this view and the was argued that spring, summer, autumn, and
tenth objects the property of the tenth must be winter could not be property, and that, therefore,
protected.
there could be no copyright in Thomson's “ Sea-
The most plausible argument is the third. Let sons,” but the one argument is as good as the
us see what it amounts to.
other.
“It is in the public interest that news should A man has the right to the protection of the law
be made public.”
“ in the free use, enjoyment, and disposal of all
The public, we are given to understand, is his acquisitions, without any control or diminution
devoured by an anxiety to read newspapers—it is save only by the laws of the land." It is imma-
almost an essential to their existence that they terial whether that acquisition is of small or of
should have newspapers ; everyone who provides great value-whether, that is, it has cost him much
them with a newspaper is therefore helping to or little labour to acquire it-it is his, a poor
supply a public want, and anyone who renders that thing perhaps, but his own. It may be a Raphael
supply more difficult is a public enemy. If the or the photograph of a daub ; it may be an epic ;
law of copyright is enforced, the production of it may be the mere shorthand report of a speech.
newspapers will be made more difficult and more Has he honestly “ acquired” it ? " That is all. If
expensive-consequently, whoever attempts to so, and he thinks his property in it worth de-
enforce the law of copyright is a public enemy. fending, it must be respected.
Such, I think, is a fair statement of The arguments The argument that because there is no property
used. Well, bread is also an essential to human in a fact there can be no copyright in news is
existence-perhaps more essential than news- analagous to saying that, if a man has picked up
papers--but no one suggests that the product of in the bed of a river a piece of quartz which might
the baker should therefore become public pro- have been picked up by anyone else, he has no
perty. If we could rifle a baker's shop and dis- property in the gold discovered in it, which may
tribute the loaves to starving families in the alleys be stolen from him with impunity. An event
and garrets, we should no doubt be conferring a takes place ; it is absolutely within the right of
benefit on a large number of people, to the detri- anyone who sees, or hears of, that event to report
ment only of bakers. Yet no one suggests that it it. There is no copyright in the event ; there is
would be right to rob the baker, because it is copyright in each report of it, whether it cost a
recognised that the general principle of protection thousand pounds by telegraphy or a penny stamp
of a man's property is more important and of by post-whether it was acquired by years of study
greater public benefit than even the saving of a or by the mere accident of propinquity.
few people from starvation.
Driven from this last shelter, the objector urges
Is it seriously contended that the supply of news one other argument: “Admitted that a newspaper
to the public is of such vital importance that this has the right to exclusive possession of its own news,
general principle must be suspended, and that the what harm is done by allowing that news to be
laws of meum et tuum, which apply to every available to all the public, at all events if the
other sort of property, are not to apply to the source of that news is fully acknowledged ?" And
contents of newspapers ?
the answer to this is the answer that may be given
In parenthesis let me ask why, if this principle to the same argument applied to any other form of
is to be admitted, the providers of the literary larceny. Property must be protected, because it
matter should alone suffer. If the cheapening is the only way to ensure the production of that
of the cost of production of a newspaper is of such property, and, the more valuable or necessary to
vital importance, may I suggest that a still greater the public is that property, the more necessary is
economy might be obtained by many newspaper it that in the interests of the public it should be
proprietors if they stole the paper on which they protected.
print the news which they steal. Yet no one of I am far from attaching the value that is gener-
them — not even the Newspaper Society-would ally assigned to the publication of news, but the
defend this method.
whole argument against copyright in news is based
Faced by this absurdity, some people have been on the assumption that it is of importance to the
## p. 144 (#544) ############################################
144
THE AUTHOR.
public. Now I suppose it will be admitted that
news is only valuable in proportion to its complete-
ness and accuracy, and therefore the interest of
the public is to promote news of this quality.
Such news can only be obtained by the employ-
ment of every grade of journalist. They have to be
paid, and their pay, as in every other profession,
must depend upon the value of their work to their
employer. If their work is not protected—if, as
soon as it is printed, it may be appropriated by
any other person, who has not contributed one
penny to the cost of its production—the value is x.
If, on the other hand, it is protected if the
employer gets the exclusive use of what that man's
brains, intelligence, enterprise, or industry have.
produced, then the value is three, four, or five
times x. Protection to the contents of a news-
paper, whether it be news, reports, articles, or
paragraphs, means more value to the newspaper,
therefore better pay to the journalist; therefore
better work and encouragement to the careful,
painstaking, accurate journalist ; therefore a better
service to the public, better journals, and a higher
class of journalist.
C. F. MOBERLY BELL.
If the compositor is working on 'stab," the loss caused
by diversities of practice falls of course on the employer,
who is mulcted because the compositor has been accustomed
to a different “use.” to adopt an ecclesiastical term. else.
where. These are but two instances; a host might be
quoted, but it is not necessary to do so, as cases of the
kind are so well known. It is strange, by the way, that so
many diversities of all kinds occur in printing. The brevier
of one founder is different to that of another, although an
outsider would think that the word indicated a definite
body of type. In describing a forme, the gutter means one
thing in one office and something else in another. Even
in regard to parts of machines there is no uniformity in
the use of technical terms. ...
In regard, however, to orthography, a standard might,
and we think ought, to be recognised. There would be
immense difficulty in carrying out the idea, and for the
simple fact that we have, in this country, no standard
dictionary of the English language. French printers,
for instance, are free from this difficulty. They bave a
dictionary, recognised by the Academy as a standard of
right orthography. By referring to it a printer can at
once tell whether a word is rightly or wrongly spelt.
There is nothing of the kind here. Here is a case in point.
In ninety-nine offices out of a hundred in Great Britain
the spelling is adopted, “abridgment," " acknowledgment,"
“judgment," " lodgment." At Oxford if a compositor so set up
his copy, he would find that he would have to put in the
e of the syllable before the "-ment”: asó abridgement," etc.
Mr. Horace Hart is fortified in this custom by the learned
editor, Dr. J. A. H. Murray, of the “ New English Dic-
tionary.” He says, “I protest strongly against the vulgar
and unscholarly babit of omitting it from "abridgement,"
etc., which is against all analogy, etymology, and orthoëpy,
since elsewhere g is hard in English, when not followed by
e or i. I think the University Press ought to set a
scholarly example, instead of following the ignorant to do
ill, for the sake of saving four p's." Mr. Hart adopts this
in the “learned" side of bis Press; but in the Bible House
the other spelling is followed, at least partially. In an
Oxford Bible of the Authorised Version, again, we find
“judgment"; in an Oxford Bible of the Revised Version it
is “judgement." More strange still, in an Oxford Revised
Version with the Concordance appended, we find the worl
spelt one way in the body of the book and another way in
the supplement. The Cambridge Concordance has "judge-
ment”; the King's Printers' Bibles "judgment." ....
The whole subject is surrounded with great, but we will
not say insuperable, difficulty. Mr. Collins will have done
good service, even to the humble comp, if he can do some-
thing towards abolishing the anomalies now prevalent, and
which waste so much of the time of the reader as well as
of the compositor, besides being a source of many vexatious
troubles to book-printing firms.
STANDARD RULES FOR PRINTING.
M
H E following extracts from a long article in
The British and Colonial Printer and
Stationer dealing with Mr. Howard Collins'
m ind
article in last month's Author are of interest as
showing the importance to the composilor of
standard rules for printing :-
Mr. Collins concludes with a most valuable suggestion,
as to a rearrangement of the matter in its alphabetical
form, giving a specimen of the manner in which he would
have it done. This is an admirable idea, and one that we
hope may be carried out.
Now, this subject concerns printers as well as authors,
and is one that comes directly within the range of “Our
Observatory." It affects master printers, readers, and
compositors. It is an always existing source of discussion,
of friction, and disagreement. A compositor takes a berth
in a house with a style whereof he is not acquainted. Nor
can he learn it except through costly and annoying
experience, for the rules are unwritten, or at any rate
unprinted. If he is working on piece, he has to carry out
all the marks” made by the reader at his own expense.
When his proof is returned to him by that authority he
will almost certainly find that a number of these marks
are not those of errors that he has made-which he would
not object to do in his own time—but of alterations due to
peculiarities in “the style of the house." Here the hard-
ship comes in. It is not a matter of what is right or
wrong in the abstract, but what is usual in that particular
office. It may be entirely different from that in the office
in which the compositor has previously worked.
PERPETUAL COPYRIGHT.
W HAT question of all importance to authors
1 – the duration and limitation of copyright
-seems likely again to come prominently
before the public.
In an issue of the Morning Post there was a
long article dealing with perpetual copyright which
was well worthy of consideration by all those who
possess copyright property. The writer, however,
## p. 145 (#545) ############################################
THE AUTHOR.
145
makes one astounding mistake. He states as reduction in taxation, the profits that arise from so
follows :-
valuable a property.
In commencing this article it was not intended
“Suppose the author dead before his book is born to its
printed existence. Then the forty-two years count from to discuss the question of perpetual copyright, but
the date of death, and his representatives or assignees rather to refer with interest to the opinions put
benefit thereby."
forward in the Morning Post by foreign writers on
It is curious how a person who has studied the this subject.
copyright law with evident care should have made from France it appears that those who are
such an erroneous assertion, as the Act runs as members of the Société des Gens de Lettres are
follows, and is particularly clear on the point : strongly in favour of perpetual copyright, but it is
“And the copyright in every book which shall be curious to nnd a man with such a wide public as
published after the death of its author shall endure for Pierre Loti stating that he knows nothing about
the term of forty-two years from the first publication these matters, and that he has never given them
thereof."
any consideration. It is almost as if a farmer,
The copyright runs, therefore, not from the breeding live stock for the market, stated that he
date of the author's death, but from the date of did not know anything about their management, or
first publication. It has been thought necessary what was the best method to be adopted to obtain
to bring this point forward, not with any desire of the best results.
minimising the value of the article referred to, but Monsieur Jules Le Maître's reply is almost
for fear least any one reading the article should have equally vague, and Monsieur Henri de Bornier
been misled.
candidly confesses that he is very ill-informed re-
Touching, however, the question of copyright, garding this most complicated of questions.
curious ideas have been, from time to time, put Turning to some of the German opinions, we find
forward.
Dr. Von Wildrenbruch puts forward an opinion
Granted that an author has any property in copy- which is amusing in its paradox. He says, from
right, there appears to be no sound reason why the standpoint of right and justice, the property
that property should not be perpetual ; but it has of an author in his work is inextinguishable.
been pointed out by the Secretary of the Society in We should have thought that this standpoint
certain articles that the public for many centuries was the highest it would have been possible to
(owing to the fact that printing had not been in adopt, but no, he has found one higher than that
vented) looked upon the author's property as its of right and justice, namely, the standpoint of the
own, and dealt with it as such. From this position common weal, and from this standpoint he agrees
it was very difficult to turn, but at length a copy- that the term of copyright should be limited. We
right law was passed, and the tendency of all cannot but think that if the standpoint of the
modern legislation has been to increase and not to common weal is not that of right and justice, the
decrease the period of years confirming the rights sooner it ceases to exist the better.
to the author.
Prof. Kuno Fischer also puts forward an amusing
The argument that there is danger to the public reason for the limitation of the term :
in knowledge being withheld or sold at too high a “No writer produces of himself alone. He is
price is easily refuted. The consideration of supply indebted for his productions to the spirit of the
and demand has always governed the question of age, and to the people amidst whom he lives."
price, and there is no book for which there has But surely no person is indebted to himself alone
been a large public demand which has not been for anything. The very coat he wears, the house
lowered in price in order to meet the market ré- he lives in, the food he eats are all the result of
quirements. The danger of works being withheld labour of thousands of his contemporaries; but they
from the public by the owners can easily be are not a wbit the less the property of the man who
remedied by law. At present, there is a clause in pays for them, and the perpetual property of that
the Act of 5 & 6 Victoria dealing with this point. man.
The absurdity of the present position, however, is It is a curious fact, looking through the opinions
readily shown by the fact that it is not the public as a whole, that many who are ignorant of the
who benefit by the limitation of the term of copy- questions dealing with the property they create,
right, but a limited section—the publishers—who and others who appear not to be ignorant of the
make their money out of non-copyright books. If questions, are still willing to give over their pro-
the argument of the property being public was perty after a limited period. The latter shows an
carried to its logical conclusion, all the copyrights altruistic spirit amongst the profession of authors
at their expiration should be managed by a great which is highly to be commended, but which is
Governmental department, and published for the hardly practicable in this very practical age.
benefit of the public, who should obtain, by a One word more. It is curious that while there
## p. 146 (#546) ############################################
146
THE AUTHOR.
are many struggling to limit in time the rights of this fact, he neglects to make a clain for pay-
that belong to authors, these same people, by ment and consequently does not receive his just
international treaties, are seeking to extend the due. This applies particularly to paragraph matter,
same rights territorially.
although I have known an equal reticence to be
Why they should seek for a world-wide recog displayed on the part of the cashiers of newspapers
nition of that property which they would limit in when even important articles are concerned. I
time must be left as a riddle for their own solving. myself have sustained several pecuniary losses
G. H. T.
owing to the enforcing of this regulation. When
I have mildly hinted to the editors in question
that contributors should be relieved of the necessity
of searching files in order to compile their claims,
THE JOURNALISTIC FREE LANCE. I have usually met with a severe reproof. I notice,
(BY ONE OF THEM.)
however, that both the Pall Mall Gazette and the
Westminster contrive to make out their contributors'
accounts, and to do 80, moreover, with a com-
(Continued.)
mendable and inspiriting promptitude. It is the
more excellent way.
TOT only does the rate of payment vary Where two or three free lances are gathered
considerably according to the class of together the conversation invariably veers round,
periodical in which the free lance's work sooner or later, to the discussion of what-for
appears, but the time that elapses before the dis- want of better term I would call the “ Ethics”
bursement is made is seldom the same in any two of editing. To all members of my craft this is a
papers. For example, more than three years ago I subject that is fraught with extreme importance,
wrote an article for the Strand Magazine; I was for, since editors hold us in the hollows of their
paid for it last week. In the spring of 1899 I had hands, it behoves us to study their ways very
a story accepted by the Windsor Magazine; I have closely. As my own experience extends only over
not yet received the honorarium due for it. Twelve a period of some three years, it would, perhaps, not
months after it had been accepted I wrote to the be becoming of me to lay down the law with respect
editor suggesting that, since life was at the best of to this. Nevertheless, I would give it as the result
but a transitory nature, a cheque in settlement of of my personal investigations that, where first-
my account would be welcome. In reply, I was class periodicals are concerned, the outside con-
informed that the rule of the firm by which the tributor has remarkably little to complain of;
magazine was owned was to pay only on publication. with regard, however, to periodicals that are not
This regulation seems to be very generally in force. in the first flight, this is by no means the case.
When accepted matter is printed within a reasonable Indeed, I have reluctantly come to the settled con-
period of its receipt, there is no great hardship in it; clusion that there is some subtly contaminating
when, however, matter is “ held over " for months influence about association in an editorial capacity
and years, it is a different case altogether. Perhaps with journals that come within this latter category.
I am unduly prejudiced on the subject, but I am The effects of it, indeed, even seem to sap, as it
convinced that I shall be but evolving the opinion were, the moral fibre of such individuals and to
of my brother free lances when I contend that divest them of the attributes of common humanity.
there is no real reason why editors should not pay Now, lest this should be accounted too hard a
for matter when they accept it. If I go into a saying, let me set forth some of my own experiences
shop and choose a hat I am required to pay for it in connection with this matter.
forth with. It is of no use my explaining that I Some little time ago I wrote an article on a
propose to pay for it the first time I happen to subject of topical interest and sent it to a certain
wear it.
Weekly Review. As no notification of its receipt
Another hardship-or at any rate, inconvenience was vouchsafed, I reluctantly concluded—after two
-to which the free lance is subjected consists in months had passed that it had been summarily
the common practice of requiring him to send in consigned to the waste-paper basket, and that
an account before the money due to him is for another use had been found for the stamped and
warded. This, of course, necessitates his keeping addressed envelope which had accompanied the
a close watch upon the paper to which his work manuscript. At the end of this period, however,
has been sent. After doing this for some time, I chanced to take up a copy of the paper and to
without finding his contribution printed therein, sce my contribution duly published in it. To my
he probably gives up looking for it. As soon as surprise, however, it appeared in the form of a
he has done this, it is as likely as not that his “letter to the Editor." I waited for four weeks,
article will be inserted, and, since he is ignorant and then sent in a claim for payment. In reply
## p. 147 (#547) ############################################
THE AUTHOR.
147
I received a dignified intimation that “ it was not that there had been interpolated into it a totally
the practice of the Review in question to pay for unwarranted reference to the excellence of the
correspondence.'” It appeared, however, to be the hats of a firm advertising on the journal's covers.
practice of the paper to fill its columns gratis by The remark in question had at a certain point
the simple expedient of converting articles into in the story been put into the mouth of one of
this form without the sanction of their writers. my characters, in place of the one which I had
It is worthy of note, however, that the “ letter to originally selected. Although I candidly admit
the Editor” in which I expressed this view did that it made no material difference to the story, I
not receive the honour of publication.
felt, nevertheless, that a protest would not be out
A second experience occurred in connection with of place. I went off to the office, accordingly, and
a certain evening paper. I sent it an article which demanded to see the “editor." In reply I was
was returned as “neither topical nor suitable.” shown into a room containing three young ladies,
Having a different opinion on this subject, I who assured me that they shared the editorial
promptly submitted it to another evening paper. functions between them. I harangued them at
Here it met with immediate publication. On the some length, accordingly, on the enormity of the
day after it had appeared in print, however, I offence they had committed and almost reduced
found it reproduced to the extent of a column and them to tears by assuring them that to alter so
a halt in the paper which had already declined it. much as a comma, without the express permission
The fact that it was described as “an extract from of the author, was taking the first step in the
an interesting article in a contemporary” did not path which eventually leads to the criminal dock
deter me from hinting to editor number one that of the Old Bailey.
if an article was sufficiently “ topical” to copy from The goal on which the free lance fixes his eyes
ilnother periodical it was sufficiently “topical” to yearningly, as he plods laboriously along his path,
print when originally offered to him. This view, is of course that of promotion to the staff of a
however, does not seem to have met with accept- paper. When this coveted prize is his, be pro-
ance ; at any rate, although six months have cecds at one bound from the receipt of an irregular
passed since I expressed it, I have not been income to that of a regular one. Instead of having
favoured with any reply thereto. It is when this to rack his brains to write that which shall find
sort of thing happens to him that the free lance favour in editorial eyes, it is then his more
sits down and writes articles on “ Editorial pleasing task to sit in judgment on the work of
Hooligans.”
others. Of course, he has to give up something in
Another grievance under which the outside return for this—to sacrifice a good deal of his old
contributor labours at times is that of having his freedom for one thing—but he does so with the
work mangled-I believe the technical term is utmost willingness, for, to the chance contributor,
“sub-edited”—by those through whom it passes freedom from calls upon his time is exceedingly
before it is published. Of course, when the author unremunerative. Although all the editors that I
18 favoured with a proof, this seldom occurs. ever came across were always loud in their com-
Still, this is not invariably the case, for in an plaints about their “pressure of work" and
article which I contributed to one of the monthlies “ numerous responsibilities,” they never evinced
the other day I noticed with feelings of the the slightest inclination to change places with
keenest anguish several wholly unauthorised myself. The fact is, their positions are not at all
einendations. The peculiar hardship in connec- easy to obtain ; and, once one has been secured, its
tion with this practice consists in the fact that a occupant takes excellent care not to relinquish it
signed article is naturally taken by its readers to without very good reason. As to how they are
be an exact expression of the writer's views. It obtained in the first place, it is very difficult for
is, however--horribly ungallant though it seem to most people to discover. After having given a
say so—when working for papers edited by ladies great deal of thought to the subject, however, I
that I have suffered most on this account. Quite have arrived at the conclusion that the best way
recently, for example, I sent a short story to a for the free-lance journalist to find his ambition
periodical which I will call Our Girls. Although realised is to go to Oxford with the son of a news-
I accompanied it by a stamped envelope, I was paper proprietor. At any rate, I know of several
not notified of either its acceptance or rejection. instances where this course has been pursued with
As I knew that the paper was edited by a lady, I the happiest results. One such case, for instance,
did not expect so ordinary a courtesy to be is that of an acquaintance of mine, who is now
obserred. I accordingly looked carefully through assistant editor of a well-known illustrated weekly.
each number as it appeared, and in one of them This position he owes entirely to the fact that he had
eventually saw my contribution published. As the forethought to be a University contemporary
I glanced through it, I found to my horror- of a near relative of the paper's chief proprietor.
## p. 148 (#548) ############################################
148
THE AUTHOR.
Even with the best will in the world, however, it
is not given to all of us to be able to follow this
example. A second plan is to marry an editor's
daughter. There is, however, a certain element
of risk about this which-although I have known
it to be carried out at times with immense success
-makes me unable to commend it without con-
siderable reservation. Difficulties, too, of putting
it into practice may be caused by circumstances
over which the most deserving of aspirants have
no real control. For the most part, therefore,
there is nothing for the free lance to do but to
wait, and watch, and hope for the coming of that
“tide” which in his case—as in that of any one
else-will sooner or later assuredly “ lead on to
fortune.”
H. W.
It was almost impossible, he stated, to conceive
such colossal ignorance as they betrayed.
The evening ended very pleasantly by Mr.
Poulteney Bigelow giving a short account of his
recent lecturing tour in America. He also pointed
out how the American experience as colonists in
the Philippines had tended to modify American
feeling with regard to the Boer War and English
colonisation generally.
A BALLADE OF INCAPACITY.
THE AUTHORS' CLUB.
M HE dinners of the Authors' Club continue
1 very successful. On Monday, February
3rd, Mr. Max Pemberton took the chair,
and Mr. A. E. W. Mason was the guest of the
evening.
Mr. Pemberton, in a speech proposing the health
of the guest, expressed his appreciation of Mr.
Mason's writings, and made some remarks with
regard to the romantic side of fiction. .
Mr. Mason responded and stated shortly his
ideals as far as his own writings and also as far as
the aims and objects of fiction writers in general
ought to be concerned. Other speeches followed.
Mr. Benjamin Swift, in a few very pointed remarks,
refused to romantic fiction all right to the claim
of being the ideal work of the fictionist. Mr
Clement Shorter responded for the guests.
On February 17th Dr. Conan Doyle took the
chair, and Mr. Hesketh Prichard was the guest of
the evening. The guest is the author of-in
collaboration with his mother—the novel called
“ Karadac,” and other works. He is also a
traveller of considerable experience. His book,
“ Where Black Rules White,” is the relation of
his adventures in the Pacific. Recently he has
returned from an expedition to Patagonia, and his
book on the subject will be published shortly.
Though in his wanderings he has not made such
a discovery among mammalia as Sir Harry Johnson,
ohnson,
yet he has brought home the skin of a distinct
variety of puma.
He made an amusing speech, dealing not so
much with his own experiences as with the opinions
of the inhabitants of some of the countries through
which he had been travelling, on the Boer War.
“My lord, I cannot speak."-MACLEAN, the highway.
man (on his trial).
" QYILENCE is golden,” saith the saw,
D And rightly is extolled ;
For speech, too oft, outrides the law
By waxing overbold ;
Yet he, I think (of mortal mould),
Most feels the need of “ cheek,''
The man who can no tale unfold,
The man who cannot speak!
He listens with a kind of awe,
And hears around him rolled
The long, reverberate guffaw
That greets the quicker-souled;
He hears the jest, or new or old,
And, speechless, eats his " leek”-
Is classed as either dull or cold,
The man who cannot speak /
He may have “Latin in his mawe;"*
He may keep down controlled
Potentialities of " jaw,”
Unmatched of any scold;
He may have thoughts of sterling gold
For each day in the week ;
But he must all these things withhold,
The man who cannot speak.
Envoy.
FRIENDS, 'tis of me the fable's told,
Your sufferance I seek ;
In me that shameless sight behold-
The man who cannot speak.
AUSTIN DOBSON.
dem.-- This was written for the dinner at the
Whitefriars Club in November, 1901, and given
to Mr Shorter who printed it in the Sphere and
the Tatler. It was recited, by request, at the
dinner of the Authors' Club on January 20th.
* Chaucer.
## p. 149 (#549) ############################################
THE AUTHOR.
149
GENERAL MEMORANDA.
ITERE are a few standing rules to be observed in an
1 agreement. There are four methods of dealing
with literary property :
I. Selling it Outright.
This is in some respects the most satisfactory, if a proper
price can be obtained. But the transaction should be
managed by a competent agent, or with the advice of the
Secretary of the Society.
II. A Profit-Sharing Agreement (a bad form of
agreement).
In this case the following rules should be attended to:
(1.) Not to sign any agreement in which the cost of pro-
duction forms a part without the strictest investigation.
(2.) Not to give the publisher the power of putting the
profits into his own pocket by charging for advertisements
in his own organs, or by charging exchange advertise-
ments. Therefore keep control of the advertisements.
(3.) Not to allow a special charge for “office expenses,"
unless the same allowance is made to the author.
(4.) Not to give up American, Colonial, or Continental
rights.
(5.) Not to give up serial or translation rights.
(6.) Not to bind yourself for future work to any publisher.
As well bind yourself for the future to any one solicitor or
doctor!
III. The Royalty System.
It is above all things necessary to know what the
proposed royalty means to both sides. It is now possible
for an author to ascertain approximately and very nearly
the truth. From time to time the very important figures
connected with royalties are published in The Author.
Readers can also work out the figures themselves from the
“ Cost of Production."
IY. A Commission Agreement.
The main points are :-
(1.) Be careful to obtain a fair cost of production.
(2.) Keep control of the advertisements.
(3.) Keep control of the sale price of the book.
General.
All other forms of agreement are combinations of the four
above mentioned.
Such combinations are generally disastrous to the author.
Never sign any agreement without competent advice from
the Secretary of the Society.
Stamp all agreements with the Inland Revenue stamp.
Avoid agreements by letter if possible.
The main points which the Society has always demanded
from the outset are :-
(1.) That both sides shall know what an agreement
means.
(2.) The inspection of those account books which belong
to the author. We are advised that this is a right, in the
nature of a common law right, which cannot be denied or
withheld.
3. There are three forms of dramatic contract for PLAYS
IN THREE OR MORE ACTS :-
(a.) SALE OUTRIGHT OF THE PERFORMING RIGHT.
This is unsatisfactory. An author who enters
into such a contract should stipulate in the con-
tract for production of the piece by a certain date
and for proper publication of his name on the
play-bills.
(6.) SALE OF PERFORMING RIGHT OR OF A LICENCE
TO PERFORM ON THE BASIS OF PERCENTAGES
on gross receipts. Percentages vary between
5 and 15 per cent. An author should obtain a
percentage on the sliding scale of gross receipts
in preference to the American system. Should
obtain a sum in advance of percentages. A fixed
date on or before which the play should be
performed.
SALE OF PERFORMING RIGHT OR OF A LICENCE
TO PERFORM ON THE BASIS OF ROYALTIES (i.e.,
fixed nightly fees). This method should be
always avoided except in cases where the fees
are likely to be small or difficult to collect. The
other safeguards set out under heading (6.) apply
also in this case.
4. PLAYS IN ONE ACT are often sold outright, but it is
better to obtain a small nightly fee if possible, and a sum
paid in advance of such fees in any event. It is extremely
important that the amateur rights of one-act plays should
be reserved.
5. Authors should remember that performing rights can
be limited, and are usually limited, by town, country, and
time. This is most important.
6. Authors should not assign performing rights, but
should grant a licence to perform. The legal distinction is
of great importance.
7. Authors should remember that performing rights in a
play are distinct from literary copyright. A manager
holding the performing right or licence to perform cannot
print the book of the words.
8. Never forget that AMERICAN RIGHTS may be exceed-
ingly valuable. They should never be included in English
agreements without the author obtaining a substantial
consideration.
9. Agreements for collaboration should be carefully
drawn and executed before collaboration is commenced.
10. An author should remember that production of a play
is highly speculative : that he runs a very great risk of
delay and a breakdown in the fulfilment of his contract.
He should therefore guard himself all the more carefully in
the beginning.
11. An author must remember that the dramatic market
is exceedingly limited, and that for a novice the first object
is to obtain adequate publication.
As these warnings must necessarily be incomplete on
account of the wide range of the subject of dramatic con-
tracts, THOSE AUTHORS DESIROUS OF FURTHER INFORMA-
TION ARE REFERRED TO THE SECRETARY OF THE SOCIETY.
HOW TO USE THE SOCIETY.
WARNINGS TO DRAMATIC AUTHORS.
N EVER sign an agreement without submitting it to the
Secretary of the Society of Authors or some com-
petent legal authority.
2. It is well to be extremely careful in negotiating for
the production of a play with anyone except an established
manager.
1. D VERY member has a right to ask for and to receive
V advice upon his agreements, his choice of a pub-
lisher, or any dispute arising in the conduct of his
business or the administration of his property. If the
advice sought is such as can be given best by a solicitor,
the member has a right to an opinion from the Society's
solicitors. If the case is such that Counsel's opinion is
desirable, the Committee will obtain for him Counsel's
opinion. All this without any cost to the member.
## p. 150 (#550) ############################################
150
THE AUTHOR.
2. Remember that questions connected with copyright
and publishers' agreements do not generally fall within the
experience of ordinary solicitors. Therefore, do not scruple
to use the Society.
3. Send to the Office copies of past agreements and past
accounts, with a copy of the book represented. The
Secretary will always be glad to have any agreements, new
or old, for inspection and note. The information thus
obtained may prove invaluable.
4. BEFORE SIGNING ANY AGREEMENT WHATEVER, send
the document to the Society for examination.
Communications for The Author should be addressed to
the Offices of the Society, 39, Old Queen Street, Storer's
Gate, S.W., and should reach the Editor xor LATER
THAN THE 21st OF EACH MONTH.
All persons engaged in literary work of any kind,
whether members of the Society or not, are invited to
communicate to the Editor any points connected with their
work which it would be advisable in the general interest to
publish.
For the Opinions expressed in papers that are sumed
or initialled the Authors alone are responsible.
None of the papers or paragraphs must be taken
as expressing the opinion of the Committee unless
such is especially stated to be the case.
COMMUNICATIONS AND LETTEKS ARE INVITED BY THE
EDITOR On all subjects connected with literature, but on
no other subjects whatever. Every effort will be made to
return articles which cannot be accepted.
5. Remember always that in belonging to the Society
you are fighting the battles of other writers, even if you
are reaping no benefit to yourself, and that you are
advancing the best interests of literature in promoting the
independence of the writer.
6. The Committee have now arranged for the reception
of members' agreements and their preservation in a fire-
proof safe. The agreements will, of course, be regarded as
confidential documents to be read only by the Secretary,
who will keep the key of the safe. The Society now offers:
-(1) To read and advise upon agreements and to give
advice concerning publishers. (2) To stamp agreements
an readiness for a possible action upon them. (3) To keep
agreements. (4) To enforce payments due according to
agreements.
7. No contract should be entered into with a literary
agent without the advice of the Secretary of the Society.
Members are strongly advised not to accept without careful
consideration the contracts submitted to them by literary
agents, and are recommended to submit them for inter-
pretation and explanation to the Secretary of the Society.
8. Many agents neglect to stamp agreements. This
must be done within fourteen days of first execution. The
Secretary will undertake it on behalf of members.
9. Some agents endeavour to prevent authors from
referring matters to the Secretary of the Society; so do
some publishers. Members can make their own deductions
and act accordingly.
THE SECRETARY OF THE SOCIETY begs to give notice
that all remittances are acknowledged by return of post,
and he requests members who do not receive an
answer to important communications within two days to
write to him without delay. All remittances should be
crossed Union Bank of London, Chancery Lane, or be sent
by registered letter only.
AUTHORITIES.
THE READING BRANCH.
V EMBERS will greatly assist the Society in this
M branch of their work by informing young writers
of its existence. Their MSS, can be read and
treated as a composition is treated by a coach. The term
MSS, includes NOT ONLY WORKS OF FICTION, BUT POETRY
AND DRAMATIC WORKS, and when it is possible, under
special arrangement, technical and scientific works. The
lieaders are writers of competence and experience. The
fee is one guinea.
M HE autobiography of Sir Walter Besant, as
readers of The Author are already aware, is
about to be published. We are apprised of
the same fact by a paragraph in The Book Lover,
which is in reality the book puff of the firm which
produces the work. What is our astonishment,
then, to see in that periodical the following
statement :-
- To the literary world Sir Walter was chiefly famous
for his championship of his brother authors, though, unfor-
tunately for the cause, be set about it the wrong way.
mistaking particulars for generalities, and classing all
publishers as rogues and the deadly enemies of authors."
The italics are not ours, but the Publishers'.
We are not prepared to discuss the taste of such an
announcement, issuing from such a source. All
lovers of our dead Founder and all who read The
Author will make their own deductions. Neither
are we prepared to discuss whether “he set about
the championship of his brother author's in the
wrong way.” The result has justified his ur-
selfish and unstrerving labour. But we will not
NOTICES.
THE Editor of The Author begs to remind members of
1 the Society that, although the paper is sent to them
free of charge, the cost of producing it would be a
very heavy charge on the resources of the Society if a great
many members did not forward to the Secretary the modest
58. 6d. subscription for the year.
## p. 151 (#551) ############################################
THE AUTHOR.
151
ibara
allow those statements thrown broadcast to pass Apropos of the same subject, it is stated that
unchallenged which in his lifetime he so constantly M. Sully Prudhomme, who was one of those to whom
and so frequently denied, and again we must ask the Nobel Prize was granted last year, has decided
for the writer's authority for such a statement that to found an annnal prize of 1,500 francs, to be
he classed all publishers as rogues and the deadly awarded to some young French poet using the
enemies of authors.
traditional classical verse of France.
The writer continues—“ But de mortuis nil nisi The Société des Gens de Lettres will act as
bonum ; and no doubt he meant well.” It is arbiters in the matter, or, at any rate, make arrange-
almost ludicrous if it were not sad that the hack- ments by which the amount will be awarded.
neved Latin proverb should be dragged in after This is very cheering news. Perhaps some day,
such a statement when the writer knew that the when Anglophobia shall have retreated into its
fighting spirit who held such a virile pen was no hole like a dyspeptic dragon, an English author will
longer alive to defend himself.
be crowned by the Swedish Academy, and then
Of “ The Pen and the Book," the same paragraph perhaps the Capital Fund of the Society, or its
states : “ This was a tirade against publishers recently-started Pension Fund, will partly share
which contained a good deal of rather amusing Mr. Nobel's magnificent donation.
fiction."
Again we say nothing about the taste of the
statement, coming as it does in this particular In last month's Author there was a note in the
connection, but would ask the person, whoever he “Authorities” touching the performing rights in
may be, to come from the region of fiction to the musical pieces, and it was demonstrated how these
dull realm of fact and kindly forward his references rights might become a large property for composers
to the Editor of The Author, who, by the way, is if rightly managed.
not, as he states, Dr. S. Squire Sprigge, the writer The question is of growing importance owing to
of the Preface and the editor of the Autobiography.
the fact that hand organs and the many other
mechanical contrivances for reproducing music, such
as the pianola, phonograph, &c., are having a large
and increasing sale.
Owing to the misconstruction of certain writers, It was decided in a very interesting case heard
presumably of an idealistic tendency, of a letter not long ago before the Courts that the perforated
tbat appeared in one of the daily papers, referring sheets by which the music of composers was
to the award of the Nobel Prize, No. 39, Old produced was not an infringement of copyright.
Queen Street, has been the centre of a whirl of There is no doubt, however, that the reproduction
excitement.
would have been an infringement of the per-
Mr. Robinson has considered that the Committee, forming rights if the performing rights had been
instead of being merely a channel for conveying retained by the composer.
the votes to the Swedish Academy, was a Com- Under these circumstances it is clear that if
mittee appointed to judge of the value of his composers desire to stop this they must reserve
idealistic writings, and the same idea has obscured their performing rights. The fact that there is
the brain of Brown and Smith.
considerable outcry amongst the profession against
Robinson's epic of the Creation is no doubt this form of legalised robbery may give the
full of interest, so also may be Brown's book on necessary stimulus to draw composers together,
Microbes, or Smith's on the Building of Birds not only to protect themselves from piracy of the
Nests.
performing rights, but to protect the copyright and
But the strongest and most intelligent Com- to establish some reasonable form of agreement
mittee imbued with the wisdom of Solomon, and with the publishers who produce their works.
granted the longevity of Methusaleh, would hardly
be strong enough to deal with the demands of all
personal applicants desiring a criticism of their In reading the February number of the New
work.
York Bookman, we come across an article entitled
« But all is well that end's well," as Shake- “In the Camp of the Enemy,” which is practically
Bacon wisely remarks ; and for the present year on the lines of the article from the Free Lance
the wave of excitement has subsided on the duck- Journalist which is now appearing in The Author.
pond of the illiterate. .
We recommend the perusal of it. It shows
Ample time will be given to deal with the that the path of the magazine contributor across
matter more satisfactorily next year, and ample the water is impeded with thorns and brambles
explanation will, no doubt, be published as to the to the same extent as is the case in the Old
real functions and limitations of the Committee. Country.
## p. 152 (#552) ############################################
152
THE AUTHOR.
One memorandum that the author received from One of the artists, a man of ready wit, entered at
an editor is amusing. It contains, among other once into the spirit of the jest, and wrote back to
conditions: “If agreeable to you, we shall retain the vendor of preserved fruits, informing him that
the MS. at your risk, paying for it when pub- he also had started a prize for the best samples
lished.” On further inquiry by the author, the of preserved fruits, and that if the gentleman in
editor stated that she would be willing to keep it question would forward him a dozen boxes or so
for an indefinite time-it might be a month or of his choicest productions, he would have much
it might be two years--she really could not say pleasure in entering his name for the prize, the
which. If at the end of that time it had not been value of which he mentioned. The artist, how-
mislaid or burned (in which case the author alone ever, pointed out that the fruit sent in by com-
would be responsible) it would appear in print, petitors would become his property, whether they
and the author would receive the princely sum of won the prize or not.
five or six dollars-considerably less than half a The story does not record whether the vendor of
cent a word.
candied delicacies entered into the competition or
We are glad to say that the author had a small the spirit of the joke.
revenge.
We, however, quote the story here, as the mer-
Another example of New York journalism is chant's liberal offer calls to mind so forcibly the
given.
literary prizes offered from time to time by various
The same author forwarded to a prominent magazines. Unfortunately, in these cases the
Sunday newspaper an article on a local subject, contributor is denied the pleasure of the “ retort
illustrated with his own photographs. The editor courteous" allowed to the artist, as the collection
expressed the greatest satisfaction with them, and of penny dreadfuls, sixpenny monthlies, and other
begged the author to leave them, yet they were magazine refuse would be hardly of much value
returned the next day without a word of regret to the contributor who offered a prize for the
or explanation.
best periodical production. The magazine editor
About a fortnight afterwards, in the same paper who offers a prize for a literary competition
a similar article appeared, illustrated by photo has, it is clear, a decided advantage over the
graphs taken from almost the same point of view. manufacturer of preserved fruit.
What had happened was quite evident. The From time to time we have shown in the pages
editor had sent one of his own staff—as it was of The Author the fallacious nature of these prize
cheaper--and had reproduced the article. The competitions, and how an ingenious editor, by
author suggests that it was perhaps justifiable what may appear to be a liberal offer, can secure
according to newspaper ethics, or, he adds, the for his paper literary matter, fill his pages, and
ethics of that particular paper. We trust it was save his proprietor's pocket for a considerable
the ethics of that particular paper.
period.
Similar instances have come to our knowledge In all these prize competitions it should be an
in England, but it may be fairly remarked that essential that all those contributions which do not
the ethics of the particular paper are not the win the prize should be returned or definitely
ethics of all English journals.
accepted—if accepted, should be paid for at a
It is pleasing to hear from the same pen that, reasonable rate. To retain all the contributions
though an unknown writer on arrival in New as a free gift-as was the desire of the vendor of
York, the author has been successful. “I believe," preserved fruits—is hardly fair to the anthor or to
he says, “more firmly than ever I did, that it is the artist.
perfectly possible to succeed in gaining editorial
recognition without any pull whatever, provided
you can do good work.”
We are sorry to quote the enclosed paragraph
from a contemporary :-
"One of our reviewers who had — sent to him for notice
wrote to say that he did not like to say what he thought
A well-known manufacturer of dried fruit was
about it, as it might shock our readers. Besides it would
desirous of obtaining a work of art as the means offend the publisher and we sbould lose his support. Well.
of advertising his wares.
there is something in that. We dare not say what we think
of the books in question for fear of losing the advertise-
He accordingly put up a sum for the prize, and
ments of the firms who publish them."
issued a circular to the leading artists of his
fatherland. He stipulated, among other condi This is really a serious admission, and speaks
tions of the competition, that he should become volumes for the modern methods of reviewing. It
the possessor of all the drawings that were sent would appear clear that the attitude of the pub-
in, whether they obtained the prize or not.
lishers is to blame for the action of the reviewer.
## p. 153 (#553) ############################################
THE AUTHOR.
153
As authors ever since publishing was a trade
have frequently suffered material damage at the
hand of the united brotherhood, publishers have
in their turn suffered from time to time moral
and intellectual damage (we beg to thank Mr.
Kruger for this apt phrase) from the pen of their
victims.
Byron's story is ever fresh in the memory, and
Borrow in “ Lavengro” throws some amusing
cynicism, a milder vitriol, over the sect.
It is poignant and burns. The following
quotation has, however, its amusing aspect.
The author speaks :
Above the far horizon's rim
And steals across the sombre sea,
Shall I not stir each straitened limb,
And, half-awakened, drowsily
Hear the faint call of sleepy birds,
The timorous flutter of their wings,
And know that o'er the earth which girds
My narrow house, all sentient things
Share the sweet privilege of light,
Wake to a life, dear God! how fair ?
Ah! then, poor prisoner of the night,
Shall I not care, shall I not care ?
St. John LUCAS.
for ? :
THE IRISH LITERARY REYIYAL.
By John TODHUNTER.
“My money was growing short, and I once asked him (the
publisher] to pay me for my labours in the deceased
publication.
“Sir,' said the publisher, 'what do you want the money
" " Merely to live on' I replied. It is very difficult to
live in this town without money.'
6 · How much money did you bring with you to town?"
demanded the publisher.
“Some twenty or thirty pounds,' I replied.
“And you have spent it already ?'.
". No' said I, 'not entirely, but it is fast disappearing.
“ • Sir,' said the publisher, 'I believe you to be extrava-
gant--yes, sir, extravagant!'.
"On what grounds do you suppose me to be so ?'
“Sir,' said the publisher, 'you eat meat ?
** • Yes,' said I, I eat meat sometimes. What should I
eat ? :
"Bread, sir,' said the publisher : bread and cheese.'
• • So I do, sir, when I am disposed to indulge; but I
cannot often afford it; it is very expensive to dine on bread
and cheese, especially when one is fond of cheese, as I am.
My last bread and cheese dinner cost me fourteen-pence.
There is drink, sir ; with bread and cheese one must drink
porter, sir.'
" . Then sir, eat bread—bread alone. As good men as
yourself have eaten bread alone ; they have been glad to
get it, sir. If with bread and cheese you must drink porter,
sir, with bread alone you can perhaps drink water, sir.'”.
It is amusing to note the publisher's interest in
the domestic economy of the author, and the
paternal solicitude as to the methods that should
guide the conduct of the unfortunate.
Rather perhaps it would be amusing if it were
not sad. Far better keep to cold, unsympathetic
business methods than indulge in uncertain and
hollow friendships, or bow to generous patrons.
We hope those times have gone.
(Continued.)
I MIGHT pick out many poems of merit first
printed in the Irish newspapers. Mr. l'. J.
McCall, for instance, author of Irish Noinins"
(Daisies) and “ Songs of Erinn,” deserves more than
a passing mention, and I regret that I can only
give a few stanzas from his " Oh, that the Wars
were All Over”—a ballad of '98. It tells howa
poor woman's husband joined the “rebels," and
how, seeking for news of him, she met her death at
the hand of a “ Yeo"-one of the Yeomanry, who,
like the Hessians, played a conspicuous part.on
the English side in '98, and the subsequent reign
of terror :-
“ Like a wraith by the river below the bleach green,
Sat the saddest of women that ever was seen,
With a heart-song as sore as the skylark's despair
When over his nest hangs a bawk in the air!
As she wished :-. That the wars were all over!'
Wishing :--Oh, that the wars were all over!'
66 6'Tis seven lone Sundays,' she said, since he came
O'er the stones of the river-Oh, was I to blame,
When he said to me, “ Nan, I'll go fight with the boys!"
That I kissed him and blest him, though mute was my
voice!
Then she prayed :- That the wars were all over!'
Praying :-Oh, that the wars were all over!'
The last stanza runs :
“ She passed in the night by the Bridge of Knockclo,
And there on the ledge nook stood smoking a Yeo.;
He primed his horse-pistol and fired at the mark,
And shot the poor wife, through the heart, in the dark !
And she sighed :-'That the wars were all over!'
But she died ere the wars were all over."
Apropos of newspapers, I should like to say a
good word for the All Ireland Review, edited by
Mr. Standish O'Grady, and published by Sealey,
LIFE.
A Reply to "A. C. B.”
WHEN I am lying in my grave,
Ah ! surely I shall sometimes hear
The midnight murmur of the wave;
And when the dawn comes opal-clear
## p. 154 (#554) ############################################
154
THE AUTHOR.
Briers and Walker, Middle Abbey Street, Dublin. enough for Tennyson when condescending to the
It is not a newspaper in the ordinary sense, but peasant mind; but is not good enough for the
rather a weekly magazine of a very Irish, and, to much more delicate work of Miss Barlow.
the conventional English mind, whimsical kind- It is otherwise with Miss Nora Hopper, whose
racy of the soil, in l'act. Mr. O'Grady, who has prose sketches are somewhat crude, while many of
done much to popularise some of our Bardic her poems are charming in their individuality.
literature, in his prose epics of “The Coming of They have a genuine lyrical quality ; the emotion,
Cuchullin," and his Homeric version of the wars expressing itself in the metre, gives them that
of the Red Branch, is a most original editor. In vital rhythm which haunts the ear of memory and
the Donnybrook Fair of Irish opinion, with its makes them pleasant and compassionable things.
animosities, religious, political, and personal, still In much of their love-poetry women seem to
eddying like cross-currents of the great national stand tip-toe on their soul's mountain-tops, atter-
movement, he has assumed the post of reconciler. ing a somewhat thin and melancholy wail. That
He valiantly opens his columns to men of all shades unappeasable babe, the human heart, always crying
of opinion, with the result that he has to stand for the moon, especially when its -sex is feminine,
the brunt of many indignant assaults from all tends to become monotonous in the expression of
sides. He is the recipient of many letters, and the its woes. But if Miss Hopper is melancholy in
subject of many articles, sometimes couched in her love-poems, she has the grace of being musical,
language that may be termed ultra-Parliamentary. which is much to be thankful for. Here are some
But he takes it all good-humouredly, as part of the verses from her “Moonstone”:-
day's work, and firmly holds by the faith that is in
“ I am a moonstone, and my heart lies deep
him, answering wisely and courteously even the
Under a weight of water, fixed in sleep-
most bitter of his assailants. He has, however,
But let the one hand touch me, though it were
many warm supporters, and deserves the support
Light as the flutter of a woman's hair,
he has received. I commend his paper heartily to I shall hear, feel, and know the time to glow
all lovers of adventurous journalism as a periodical
And break my heart to let my colour show,
Colour not dreamed of by the soul that strays
of a most original kind. Literary evolution has, in
Seeking the moonstone many weary days."
the All Ireland Review, produced a new species,
which I hope may survive.
These lines are characteristically feminine in
One feature of the Irish literary movement their note, and tender and beautiful in their
worthy of note is the amount of work, in both rhythm. So also are the “ Elegy” and “ Elusion,"
prose and verse, some of it of rare excellence, done
which seem to me as good of their kind as any-
by women.
thing Miss Hopper has written, and that implies
Some of the most original and interesting literary
a rare freshness of sentiment and charm of
work of last century has been done by women ; expression. Here is the “ Elegy":-
but its value hitherto has often depended more
“She had as many loves as she had follies,
upon its sincerity and fearlessness of statement
And all her light loves lightly sang her praises.
than upon its artistic form. It is well that women But now, laid low beneath sharp-leaved sea-hollies
should unpack their hearts even crudely in prose And pale sea-daisies,
or verse ; but it is better that they should attempt,
Here at the limit of the hollow shore
Folly and praise are covered meetly o'er.
as they are now doing, to make language a
dexterously touched instrument for the expression “ We will not tell her beads of beauty over :
of their thoughts and emotions; and it is most
All that we say, and all we leave unsaid
Be buried with her. There's no lightest lover
gratifying to be able to say that, in poetry as in
But scatters on her bed
prose, some of our Irish women have done work Pansies for thoughts, and woodruff white as she,
which, in form or matter, need not fear comparison And, for remembrance, quiet rosemary.
with the best of what has been recently done in
“ Here is the end of laughter : quenchel together
England.
Are grief and mirth; here dancing feet fall still,
I need only mention the “ Irish Idylls" and Here where wild thyme and sea-pink brave wild weater,
other stories of Miss Jane Barlow, excellent in
And die at the wind's will,
Bring her in dreams here to her quiet home,
style as in matter. In ber stories in verse she
Thou sea, her sister! bring her weeds and foam."
has not as yet quite found herself. They are well
told, and have turns of expression which are Irish That is an exqnisite piece of fantasy, all
in feeling as in idiom ; but in adopting the apparently suggested by that first rhyme of sea-
monotonous metre used by Tennyson in some of hollies with follies. It might almost be a song in
his sketches in soliloquy, she is handicapped, not an Elizabethan play, it is so dainty in its perfection,
by any comparison with him, but merely by the but for something modern and feminine in its
metre, which in its joy-trot quality was good emotional colour.
## p. 155 (#555) ############################################
THE AUTHOR.
155
an Iriin some of th, or
The Inot te
Mrs. Tynan-Hinkson's work in prose and verse I might quote from other ladies deserving
is so popular in England as in Ireland, that it is honourable mention : Miss Ellen O'Leary, Mrs.
only necessary to mention her name, to set some Clement Shorter, who sweeps from her Irish harp
verse of hers aflutter in the memory of one of her wild dirges, with a recurrent note of desolate yet
admirers. She is as persistent and voluble in her heroic melancholy distinctively her own ; Miss Alice
song as an Irish nightingale, if we had one ; but Furlong, Miss Alice Milligan, who in her “Last
is at her hest in some of those poems of domestic Feast of the Fianna” has dramatised an episode
pathos like “The Dead Son," or " The Last Word,” in one of our bardic tales with a feeling of its
in which her fluency of utterance has not tempted imaginative atmosphere; and others. But in
her to exuberance ; and in some of her delicately- giving place aux dames I have left myself little
touched impressions from nature in “ The Wind space for the men.
Among the Trees.”
Mr. Yeats's work in prose and verse, always
In * Moira O'Neill's" little volume, “Songs original and “of imagination all compact,” is too
from the Glens of Antrim," we have five-and- well known to need comment here. To him and
twenty short poems, each of which is finished with Mr. Martin we owe the foundation of the “ Irish
a rare feeling for artistic craftsmanship. In fact Literary Drama," which, though in its infancy, is
many of these “songs" may hold their own a child of promise.
against all comers; for they are original in con- Mr. Russell, who writes under the signature
ception, and as nearly perfect in form as such “A. E.,” is, like Mr. Yeats, a mystic. The unseen
things could be. Every word seems right, and world of the spirit is always present with him.
not a word is superfluous. They have a quaint His poems are the conceptions of a grave and
lilt of their own, in which the rhythm seems to limpid imagination, and always delicately finished.
spring naturally out of the sentiment. It is not That entitled “ Dawn” may serve as an example
easy to handle Irish dialect in serious poetry ; but of his work-
here the dialect of the glens is made the poetic
vehicle of that reticent expression of emotion in “Still as the holy of holies breathes the vast,
which pathos is touched with humour, so charac-
Within its crystal depths the stars grow dim :
teristically Irish. The reader at once finds him-
Fire on the altar of the hills at last
self on friendly terms with these little poems, if
Burns on the shadowy rim.
he is sympathetic ; but they never lose their self-
"Moment that holds all moments ; white upon
respect, or give themselves away. They are
The verge it trembles ; then like mists of flowers
sensitive things, and have too much dignity to
Break from the fairy fountains of the dawn
hunt an emotion to death. “Moira O'Neill” is
The hues of many hours.
particularly happy in her use of refrains-
“ Thrown downward from that high companionship.
* Och Corrymecla an' the blue sky over it,"
Of dreaming inmost heart with inmost heart,
Into the common daily ways I slip,
has the true “ lyrical cry.”
My fire from theirs apart.”
Such a poem as “Denny's Daughter” is a
masterpiece of twenty lines-
Professor Savage-Armstrong, though not a
Nationalist, seems to have felt the influence of the
* Denny's daughter stood a minute in the field I be to pass, literary movement in his last volume of poems,
All as quiet as her shadow lyin' by her on the grass; “ Ballads of Down," in which there are many
In her hand a switch o' hazel from the nut tree's crooked charming poems in the dialect of the County
root,
Well I mind the crown o'clover crumpled undber one
Down. I have no personal acquaintance with
bare foot.
this dialect, which seems, from the specimens he
For the look of her, the look of her
gives, to be very like Lowland Scotch. Here are
Comes back on me to-day,-
Wi' the eyes of her, the eyes of her
a couple of these poems, each in a different key,
That took me on the way.
and each admirable of its kind---
Though I seen poor Denny's daughter white an' stiff upon
her bed,
THE WEE LASSIE'S FIRST LOVE,
Yet I be to think there's sunlight fallin' somewhere
on her head :
A cannae hear his name an' hide
She'll be singin' Are Jlary where the flowers never wilt,
My thought wi' ony art ;
She, the girl my own hands covered wi' the narrow
A cannae see him come, an' calm
daisy-quilt.
The flitterin' uv my heart ;
For the love of her, the love of her
It's pain tae meet him when A walk,
That would not be my wife ;
Or meet him nae ava;
An' the loss of her, the loss of her
A wish him aye tae come tae me,
Has left me lone for life."
A wish him aye awa'.
## p. 156 (#556) ############################################
156
THE AUTHOR.
A dinnae kén what's wrang wi' me ;
A'm vixed, A kennae why ;
A cannae talk, A cannae wark;
My min's a' gang'd agley ;
A say sich foolish thin's at whiles,
My face is scorched wi' pain ...
O let them lave me tae mysel'!
A jist wud be alane.
That is a grave and stately poem, and shows that
our men also can sing.
Mr. Stephen Gwynn has recently published a
volume of poems, which I have not seen ; but if it
contains many poems as good as the one I give
with some omissions, written in a North Country
dialect, it is a promising first volume :
A'm nae sae tall as Elsie Barnes,
A hae nae een like May's,
Yit aft he turns frae May tae me,
An' ne'er wi' Elsie strays.
A canna' thole tae see him laugh
Wi' Grace or Rose or Jean,
An' yit he's stan'in' nigh my side
Mair aft than ony ane.
He's aye sae courteous, kin', an' free
Wi' mon an' lass an' chiel ;
Mayhap he cares nae mair fur me
Thau jist tae wish me weel . .
But ah, the kin'ness uv his voice!
An' ah, his dark blue ee !
An' ah, his face an'coortly grace!..
A think A jist cud dee.
OUT IN THE DARK.
Oh, up the brae, and up and up, beyont the fairy thorn,
It's there they hae my baby laid, that died when he was
born.
Afore the priest could christen him to save his soul, he
died;
It never lived at all, they said-'twas livin' in my side.
He'll sure be thinkin' long for me, an' wearyin' his lone
Up in thon corner by the whins wi' neither cross nor stone;
Ay, tho’ I'd died wi' him itself, they wouldna let us be-
The corner o' a field for him, the holy ground for me :
The graves are all that tiny that they'd hardly raise a
mound,
And couples o' a Sunday do be coortin' on thon ground,
An' th' are none that thinks upon them ; but my heart'll
be there still,
On the sod among the bracken an' the whins upon the hill.
I'd be feared to come o' night there, for the hill is fairy
ground,
But th' are, may be, more nor fairies dancin' in the fairy
round
Och, an' if I only thought it! sure, I'd let them do their
worst,
An' I'd go to see my baby, tho' I be to be accursed.
But I'll never reach my wean now, neither here nor in the
sod,
An' I'm betther wi’ the Christians an' the souls that's saved
for God :-
Och, to feel his fingers on me, an' to clasp him when he
smiled!
Sure ye'd think there'd be one heaven for the mother an
the child.
DEATH AND LIFE.
“ Puir Wully is deed!”-“0, is he? ” —
“Ay, cau'd in his coffin he's leein'!"
“ Jist noo A em muckle tae busy
Tae trouble me heed aboot deein';
There's han's to be got fur the reapin';
We're gaun tae the wark in th' murn;
An' A'm thinkin' the rain ’ill come dreepin',
The-night, an' destroyin' the curn.”'
I must conclude with two poems which seem to
me noteworthy contributions to our Irish literature.
The first is Mr. T. W. Rolleston's fine translation
from the Irish, the haunting rhythm of which is
worthy of the heroic subject :
THE DEAD AT CLONMACNOIS.
I am sorry that space does not permit me to say
anything about our recent prose literature, nor
about what is being done to preserve old Irish
music, and to encourage the production of new. I
hope, however, even this very imperfect article
may be sufficient to show that the West is really
awake at last.
In a quiet water'd land, a land of roses,
Stands St. Kieran's city fair :
And the warriors of Erin in their famous generations
Slumber there.
There beneath the dewy hillside sleep the noblest
Of the Clan of Conn,
Each below his stone with name in branching Ogham
And the sacred knot thereon.
REAL PEOPLE IN FICTION.
There they laid to rest the seven Kings of Tara,
There the sons of Cairbré sleep-
Battle-banners of the Gael, that in Kieran's plain of crosses
Now their final hosting keep.
And in Clonmacnois they laid the men of Teffia,
And right many a lord of Breagh ;
Deep the sod above Clan Creidé and Clan Conaill,
Kind in hall and fierce in fray.
row far a novelist may, with propriety,
T1 select his characters from the men and
women immediately surrounding him is a
question which the good taste of the writer usually
decides. Against flagrant abuses of the unwritten
canons of literary conduct, the law of libel as
it stands is no doubt adequate protection. If
you deride your neighbour's morals, manners or
appearance so clumsily that all who know him
Many and many a son of Conn, the Hundred-Fighter,
In the red earth lies at rest;
Vany a blue eye of Clan Colman the turf covers,
Many a swan-white breast.
## p. 157 (#557) ############################################
THE AUTHOR.
157
may recognise the portrait, the victim will have now visit Tarascon in the hope of finding him.
an excellent chance of obtaining damages in a Usually they are disappointed, yet the novelist
court of law. These risks most publishers wisely drew a type of character whose oddities fit
keep in view in their agreements with authors. not a few black-bearded, comic, self-indulgent
Indiscretions of this loose nature are less frequent sportsmen who flourish opulently in the splendid
than is generally assumed. Character drawing, South. In a less striking degree Daudet's bril-
even with a model, is exceedingly difficult, and the liant accident may happen to any observant writer,
“ people taken from real life” (usually by the although it far too rarely does. He may thus
awkward amateur) are not always recognisable inadvertently offend a dozen people, who apparently
even by their relations. Still there are writers had no actual existence outside his own imagina-
with powers of observation and expression just tion.
great enough to show up their friends in “book Social changes constantly bring fresh types
form." This fumbling literary portraiture, how- of character into existence; the writer who intui-
ever, is of no importance, since those who encourage tively finds thein is sometimes accused of piratical
it are as proud of appearing in third-rate novels as raids on the sanctities of real life. The arrow
in newspaper paragraphs. Both obscure flashes of shot at a venture occasionally hits a bull's-eye.
publicity tickle that sense of personal importance In the case of Falstaff, even Shakespeare is sus-
which cypics desire us to believe is a common pected. Instinct persuades us that he must have
weakness of humanity.
seen a dazzling fragment of the “Fat Knight"
How, then, does " character "get into fiction if under the big doublet of one or other of his
not "copied” from sometbing actually existing ? contemporaries. Still, so much wit, wisdom and
The question is frequently put to “people who immoral audacity could scarcely have been entirely
write” by people who don't, but who fancy the lavished on one mortal. Perhaps the genesis of
trick must be easy because it seems so simple. Falstaff is not dissimilar to that of Tartarin.
What takes place in most cases is this : the Either portrait might conceivably provoke an
novelist conscicusly seeking subjects in the world action for libel simply because there is so much
about him naturally falls under the influence humanity in man.
of certain dominating types. The world is very When Cervantes wrote “Don Quixote,” it is
busy, very active—often very ridiculous. Vitality unlikely that he had any particular hidalgo
can be infused into a book of contemporary life in his mind's eye, although there may have been
only through the medium of a writer's sympathy twenty unconscious sitters for that dazzling and
with the movements and idiosyncracies of en- touching portrait of the dying spirit of chivalry.
vironing society. It is the reflection of the what It is doubtful if one of the great characters of
is without its pages which gives the novel fiction outside historical romance ever actually
vivid life. Genius takes impressions as a sponge existed except as fragmentary human characteristics,
takes water, but amplifies or idealises all it half un- observed and collected over a wide field by the
consciously grasps. Then—and even the creator immortal writers who have filled their creations
knows not how-real men and women walk into with the tenderness and breath of life. To most
a book and lead an existence all their owu, over of us the inhabitants of the world of fiction are
which even he seems to have but limited control. far more alive than the men and women of
These men and women may resemble a dozen history. The first are portraits for which all
models, no one of which the writer ever consciously humanity has sat; the others individuals whose
met.
personalities have been lost under raw masses of
There is the well-known example of Alphonse record.
Daudet. When he drew his famous Tartarin of The writer who aims at success by the crude
Tarascon, the South immediately discovered the device of putting real people into his novel usually
hero throughout the length and breadth of sunny fails, and deserves to fail, although commercially
Provence. His very name got the author into he may obtain some sort of a reward if his trick
trouble. On the hero's first appearance-I am not be discovered. His book will hardly find a
sure it was not in The Figaro-his name was becoming place among the good novels even of a
Dardarin. It chanced that a certain Méridional bad year. The novel should be, only not con-
answered to that name. He objected, and it was sciously, a criticism of life-of types, not of the
only by changing the d's into t's, and by offering individuals whose names we read in the newspapers.
an apology, that Daudet escaped a libel suit. But To raid society to make fiction entails the sacrifice
did the inventor of Tartarin ever meet the hero of the higher aims of the craft. Today the
in the flesh? Probably not ; but throughout the novel of manners chiefly prevents atrophy in the
Midi Daudet may have made his acquaintance in spirit of comedy, now that its hold on our stage
fragments, out of which Tartarin grew. Tourists has grown so precarious. The charming and
## p. 158 (#558) ############################################
158
THE AUTHOR.
subtle art might vanish if it became the unblushing ... Has the author any claims against the
practice of popular writers to make “real people” printers or any other parties concerned in the
play the part which only the children of the distribution of the book ?
imagination can worthily fill. Reduced to its 3. If the author has any ground of action, in
lowest dimensions, the novel would become an what Court and in what form should proceedings
impertinent and misleading form of biography. be commenced ?
What, then, are the limits which should be To these questions the Counsel employed by the
observed in dealing with character ? They seem Society—Mr. T. E. Scrutton, K.C., of 3, Temple
perfectly clear.
Gardens, Temple—answered as follows:-.
The novelist is not justified in trying to produce “I think the publication by Publisher No. 3 is
his effects by dragging living men and women a fraud on the public, and any purchaser buying it
into his books. It is poor art and worse manners; under the belief that he was buying a novel by the
it is cheap, vulgar and offensive. If, however, in author different from the novels known by various
dealing with types of character the writer appear other titles, could proceed against the publishers
at times to become personal—as in the case of either civilly or criminally.
Tartarin-that is purely accidental, and may be “Under these circumstances I think the words
accepted as evidence of the cunning of his art. “Author's' novel " -- here follows the title -
The greatest writer takes his impressions from the “ followed by the old novel are capable of the
world about him, tracing them consciously to no meaning that the author approves of and is a party
single source. If he meet a suggestion of Don to a publication which is a fraud, and are therefore
Quixote or Sancho Panza, of Falstaff or Becky defamatory, and the subject matter of an action for
Sharp, of a Micawber or a Père Goriot, his imagi. libel, which would be whether the publishers were
nation will, if he have genius, do the rest.
or were not owners of the copyright. A somewhat
PERCY WHITE.
similar action was successfully brought in Arch-
bold v. Sweet, 5 C. & P. 221; and Kekewich, J., in
declining to grant an interlocutory injunction in
MRS. HUMPHREYS (RITA) Y. MESSRS.
the case where Dr. Lee complained of an abridged
BUTTERWORTH & CO.
edition said that the only possible cause of action
was libel.
“Further, if any actual damage could be proved
THE following matter has been settled by the the case would come within the principle stated by
I aid of the Society on behalf of one of its Bowen, L.J., in Radcliffe v. Evans, 1892, 2 Q. B. at
Members.
p. 527, I think an action will lie for written or
It will be seen to contain many points of great oral falsehoods not actionable per se or even
importance, and although the case did not actually defamatory where they are maliciously published,
go into Court, as it was settled after an action had where they are calculated in the ordinary course of
been commenced, yet Counsel's opinion and the things to produce, and where they do produce
full course of events will afford much information actual damage, is established law. Such an action
to the Members of the Society.
is ... an action on the case for damage willully
Many years ago one of our Members, under a and intentionally done without just cause or
nom de plume, wrote a book and sold the copyright excuse.'
of it 10 a publisher. The copyright was trans- “I think there is here a falsehood, and a malicious
ferred, and finally came into the hands of Publisher falsehood, but I don't suppose the author can
No. 2. Suddenly Publisher No. 3 produced the prove actual damage.
same book in a cheap form with another title. “Answering the questions put to me I am of
The public would naturally conclude that this was opinion-
a new book from the author's pen.
"1. That the author can sue the publishers for
In the first instance the matter was laid before libel, whether or not they are owners of the
Counsel, who was asked to answer the following copyright.
questions :
"2. That as the words published are, I think,
1. Could the author, although not the holder of libellous, an action lies against the persons
the copyright, take any action against Publisher distributing, including the printers, but it would
No. 3—
be better to sue the real culprit—the pub-
() If they had been legal owners of the cops- lisher.
right?
“3. The action would be one for libel in the
(b) Under the present circumstances of the K. B. D.
case, for issuing the old book under a new
“(Signed) T. E. SCRUTTON.
title ?
“ 3, Temple Gardens."
## p. 159 (#559) ############################################
THE AUTHOR.
159
---
-
On receipt of this opinion the Committee of the get rid of our practical difficulties. Many thanks
Society decided to commence an action against for your help in the matter,
Publisher No. 3, and also the printers. The
L. GOMME.
Society's solicitors accordingly issued a writ and Spring Gardens, S.W.,
proceeded with the action, but before the case 10th February, 1902.
came on for trial it was settled on the following
[We have much pleasure in printing this letter,
terms :-
The payment of £21 to the author as
which has been received from the Clerk of the Lon-
damages ; the payment of an agreed sum to cover
don County Council, and are glad to see that the
Council has shown such earnest interest in main-
the cost of the action as between solicitor and
client; and the insertion of an apology in two
taining historical associations in London.—ED.]
papers, the Times and Spectator, the wording of
which was settled by the Society's solicitors.
We regret for some reasons that the matter was
not carried to trial, but the settlement was, no
STANDARD RULES FOR PRINTING.
doubt, the most satisfactory for the author.
To the Eólitor of THE AUTHOR.
SIR, --Your readers have seen Mr. Howard
Collins's letter about the Rules for Compositors
which Mr. Hart has prepared, and have probably
CORRESPONDENCE.
agreed with him that a set of general rules for the
spelling of doubtful words, and for certain ques-
tions of punctuation, would be a very good thing.
THE BESANT MEMORIAL FUND.
Many of them, however, have probably not seen
Sir,-As an old Member of the Society, I ven-
the Rules themselves, and I think their attention
ture to protest against the apathy shown by certain should be drawn to a chief characteristic of this
of its most eminent members in regard to the
little book.
Besant Memorial.
This is, that it is in many respects an attempt
In allowing their names to remain absent from
to go back to the spelling of half a century or
the subscription list, they are not only impairing
more ago : to substitute the fast-disappearing
the prestige of the memorial, but are conveying
z for sin such words as civilise, authorise, apologise
the impression that they are not in sympathy with
-the Rules give nearly three columns of them ;
Sir Walter Besant's methods and policy in con-
ethods and poliere in con- to reinstate the e now almost universally omitted
nection with the Society. the effects of which in judgment, acknowledgment, and so forth : to
cannot fail seriously to prejudice its position and
return to an hotel, an heroic, ard the like; and
capacity for usefulness.
to adopt many spellings now so unusual as conjurer,
Surely esprit de corps, if no other sentiment,
loth, install, lisyllable, siphon, stanch, tire (of a
should induce the members in question to recon-
wheel). The compositor is also directed not to .
sider their attitude.
print anglicised French words in italics, but yet
to retain their French accents ; and a curiously
Faithfully yours,
old-fashioned air is given to the book by its
RANK AND FILE. injunction not to put the initial letters of laronir,
10th February, 1902.
herculean, latinity, and such words, in capitals.
Has any one during the last century written of
“ a Laconic epistle of doubtful Latinity ?”
LONDON COUNTY COUNCIL.
I send these comments to you, rather than to
the author of the pamphlet, that Members of the
DEAR MR. THRING,--Referring to the article Society may learn what are the rules they are
in the Author of January last as to changing asked to endorse. I should like to add that in
the name of Warwick Street, Cockspur Street, most other respects these Rules appear to me
Charing Cross, I write to say that the com- sensible and useful.
mittee dealing with the matter have decided
Yours faithfully,
to alter the name to Warwick House Street,
EDWARD ROSE.
and have given instructions for the usual notices
to be posted. Subject to the consideration of
30, Lyndhurst Road, Hampstead, N.W.
any objections that may be raised, the Council February 21st, 1902.
will be recommended to approve the name. This,
I think, will preserve the historical name, and also
## p. 159 (#560) ############################################
ADVERTISEMENTS.
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--
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The Author, Vol. 12 Issue 08 (March 1902)
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<em>The Author</em>, Vol. 12 Issue 08 (March 1902)
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1902-03-01-The-Author-12-8
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The Author