https://historysoa.com/files/original/5/457/1893-12-01-The-Author-4-7.pdf 0956c91c846381ee83d64d12ddc90b55 PDF Text Text ���������������������������������������������� Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author Subject The topic of the resource <em>The Author</em> Description An account of the resource 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=&amp;advanced%5B0%5D%5Bjoiner%5D=and&amp;advanced%5B0%5D%5Belement_id%5D=51&amp;advanced%5B0%5D%5Btype%5D=is+exactly&amp;advanced%5B0%5D%5Bterms%5D=Index&amp;collection=&amp;type=&amp;tags=&amp;exhibit=&amp;date_search_term=&amp;submit_search=Search+For+Items&amp;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. Date A point or period of time associated with an event in the lifecycle of the resource 1890–1914 Identifier An unambiguous reference to the resource within a given context The-Author-Issues Publication Date The date of an event (in YYYY, YYYY-MM or YYYY-MM-DD format) 1893-12-01 Volume 4 Issue 7 Pages Page range in volume 229–280 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 18931201 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin The Hutbor. (The Organ of the Incorporated Society of Authors. Monthly.) BONDUCTED BY WALTER SESANT. Vou. IV.—No. 7.] DECEMBER 1, 1803. [Prick SIXPENCE. i PAGE Warnings and Advice Book Talk. By J. W.S.... as wee aoe Ae cee eer How to use the Society The Lowell Memorial in Westminster Abbey... ee eae ap eee ae Authors’ Syndicate Thackeray's Women— otices ... Bes ane as ves ee bee 4.—By J. Hill The Annual General Meeting of the Society ... ae os oe 5.—By Jessie Barker ... os one ee os Certain Useful Facts— - American Women as Journalists. By Elizabeth Banks 1.—On Corrections oes eee ae ae rae vee see 233 The Society of Authors and Copyright Questions ... oe «+. 253 2.—On Deferred Royalti 234 Pas Son Rahal oo + nes <= ss see "O35 Correspondence.—1l. A Dubious Charge.—2. Left to Pay.—3. The Lit oP oes a — i are i: Sess | Editor again.—4. Beyond the Agreement —5. Why rejected ? : on OG, Brothers 6. The Germans’ Turn. —7. Authors and _ Publishing.— ; ae oo . — s. Literary Insurance.—9. Illustrations —10. Religion in Daily — f ce : Life ... <a ae ES fae vee oe ts as ves 260 | Oa i tiection ** At the Sign of the Author’s Head”... cee Sco aye wan 269 5.—A Nondescript Agreement oe os What the Papers say— Dal oo ay 6.—What Constitutes a Claim to Copyright? eke Penny N oveletia. Pa 1 Mall Gazette oa a 27) Omnium Gatherum for December. By J. M. Lely ... SS Pronunciations. By Andrew Tuer. St James The Lit , Agent. the Editor e a | razette See me Se es eae Res She mee eee es ee By she Hii: | 3.—The Humourist’s Regimen. By Robert Barr 272 Erotion. By William Toynbee Eas ae one Notes and News. By the Editor... tbe aes a 4.—Advertising as a Fine Art. By W. T. Stead. Daily Feuilleton— Paper... ae nee tee ace Js 273 1._The Leaden Plum ... toe s es pe sae wee 244 5.—Lectures and Libraries. City Press eee see we 274 2—The Island of the Dead... 2 ae ae ane sige a tO New Books and New Editions... see es is ees sen OU PUBLICATIONS OF THE SOCIETY. 1. The Annual Report. That for January 1893 can be had on application to the Secretary. 9. The Author. A Monthly Journal devoted especially to the protection and maintenance of Literary Property. Issued to all Members. 3. The Grievances of Authors. (The Leadenhall Press.) 1s. The Report of three Meetings on the general subject of Literature and its defence, held at Willis’s Rooms, March, 1887. Literature and the Pension List. By W. Morris Coxuus, Barrister-at-Law. (Henry Glaisher, g5, Strand, W.C.) 35. + 6. The History of the Société des Gens de Lettres. By 5. Squire Srriacr, late Secretary to 6 the Society. Is. The Cost of Production, In this work specimens are given of the most important forms of type, size of page, &c., with estimates showing what it costs to produce the more common kinds of books. Henry Glaisher, 95, Strand, W.C. 2s. 6d. 7, The Various Methods of Publication. By S. Squire Spriaae. 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. Henry Glaisher, 95, Strand, W.C. 3s. 8. Copyright Law Reform, An Exposition of Lord Monkswell’s Copyright Bill now before Parlia- ment. With Extracts from the Report of the Commission of 1878, and an Appendix containing the Berne Convention and the American Copyright Bill. By J. M. Leny. Eyre and Spottiswoode. ts. 6d. . The Society of Authors. A Record of its Action from its Foundation. By WauTEer BrEsanr (Chairman of Committee, 1888—1892). 1s. oO  ADVERTISEMENTS. IMPORTANT TO AUTHORS AND ARTISTS. AN AUTHOR’S CO-OPERATIVE PUBLISHING COMPANY. E IMPERIAL PREss ro ED. Registered by Special Permission of the Government. PROVISIONAL DIRECTORATE : JOHN HAWKINGS, Esq., Manager and Proprietor of the | FRANCIS GEORGE HEATH, Esq., Underwood, Kew Central Press, 22, Parliament-street, S.W. Gardens, Surrey. SAMUEL STEPHENS, Esq., 9, Stone-buildings, Lincoln’s-inn, W.C. (With power to add to their number.) CAPITAT. = = = = = £25,000 DIVIDED INTO 25,000 SHARES OF £1 EACH. Payable: 5s. per Share on Application, 5s. per Share on Allotment, and the balance in calls at intervals of not less than One Month. 230 “The Imperial Press” Limited has been formed to afford to those of its members who are Artists or Authors the unique advantage of Sharing, as publishers as well as originators, in the Profits accruing from their own works, and (to the extent to which they are Shareholders) in the General Profits of the Business. N.B.—Authors will have free access to all accounts, papers, or books of the undertaking relating to their own productions. Copies of the Prospectus may be obtained at the Offices of the Company, The Sociefy of Authors (Bncorporated). PRESIDENT. GHORGH MBEREDITE. COUNCIL. Str Epwin ARNo_Lp, K.C.LE., C.S.1. Tue Eart or DEsartT. Lewis Morris. ALFRED AUSTIN. AusTINn Dosson. Pror. Max MULLER. J. M. Barrie. A. W. Dupoure. J. C. PARKINSON. A. W. A Brecxert. J. Eric Ericusen, F.R.S8. Tur EARL oF PEMBROKE AND Mont- RoBERT BATEMAN. Pror. Micuart Foster, F.R.S. GOMERY. Str Henry Berens, K.C.M.G. Rieot Hon. HERBERT GARDNER, Str FREDERICK Po.tock, BArt., LL.D. WALTER BESANT. M.P. WALTER HERRIES POLLOCK. AUGUSTINE BIRRELL, M.P. RicHaRD GARNETT, LL.D. A. G. Ross. Rev. Pror. Bonney, F.RB.S. EpmMuND GossE. GrorGEe AuausTuS SALA. Rieut Hon. James Bryce, M.P. H. River HaGearp. W. BAprisTE ScooNngEs. HA CAINE. Tuomas Harpy. G. R. Sms. EGERTON CAstTLe, F.S.A. JEROME K. JEROME. S. Squire SPRIGGE. P. W. CLAYDEN. Rupyarp KIPuine. J. J. STEVENSON. EpwaArp CLopp. Pror. E. Ray LANKESTER, F.R.S. Jas. SULLY. W. Morris Couues. J. M. LEty. Wiiiiam Moy THomas. Hon. JoHN COLLIER. Rev. W. J. Lorrie, F.S.A. H. D. Traitt, D.C.L. W. Martin Conway. Pror. J. M. D. MEIKLEJONN. Baron Henry DE Worms, M.P., 2s F. Marion CRAWFORD. HERMAN C. MERIVALE. FE.R.S. OswaLD CRAWFURD, C.M.G. Rev. C. H. MrppLteton-WaAkgz. EpmunpD YATES. Hon. Counsel—E. M. UnpERDOWwN, Q.C. Solicitors—Messrs. Fraup, Roscox, and Co., Lincoln’s Inn Fields. , Accountants—Messrs. OscaR Burry and Carr, Monument-square, H.C. Secretary—G. HerBert THRine, B.A. wy OFEICES: 4, Portuaat Street, Linconn’s Inn Fruups, W.C.  Che Flutbor. (The Organ of the Incorporated Society of Authors. Monthly.) CONDUCTED BY WALTER BESANT. Vou. IV.—No. 7.] DECEMBER 1, 1893. [Prick SIXPENCE. For the Opinions expressed in papers that are signed or initialled the Authors alone are responsible. None of the papers or para- graphs must be taken as expressing the collective opinions of the committee unless they are officially signed by G. Herbert Thring, Sec. : ge Secretary of the Society begs to give notice that all remittances are acknowledged by return of post, and requests that all members not receiving an answer to important communications within two days will write to him without delay. All remittances should be crossed Union Bank of London, Chancery-lane, or be sent by registered letter only. Communications and letters are invited on all subjects connected with literature, but on no other subjects what- ever. Articles which cannot be accepted are returned if stamps for the purpose accompany the MSS. re WARNINGS AND ADVICE. T is not generally understood that the author, as the vendor, has the absolute right of drafting the agree- ment upon whatever terms the transaction is to be carried out. Authors are strongly advised to exercise that right. Inevery other form of business, the right of drawing the agreement rests with him who sells, leases, or has the control of the property. EADERS of the Author and members of the Society are earnestly desired to make the following warnings as widely known as possible. They are based on the experience of nine years’ work by which the dangers to which literary property is especially exposed have been discovered :— 1. SprraL Ricuts.—In selling Serial Rights stipulate that you are selling the Serial Right for one paper at a certain time only, otherwise you may find your work serialized for years, to the detriment of your volume form. 2. Stamp your AGREEMENTS. — Readers are most URGENTLY warned not to neglect stamping their agreements immediately after signature. If this precaution is neglected for two weeks, a fine of £10 must be paid before the agree- ment can be used as a legal document. In almost every case brought to the secretary the agreement, or the letter VOL. IV. which serves for one, is forwarded without the stamp. The author may be assured that the other party to the agree- ment never neglects this simple precaution. The Society, to save trouble, undertakes to get all the agreements of members stamped for them at no expense to themselves except the cost of the stamp. 3. ASCERTAIN WHAT A PROPOSED AGREEMENT GIVES TO BOTH SIDES BEFORE SIGNING 1T.—Remember that an arrangement as to a joint venture in any other kind of busi- ness whatever would be instantly refused should either party refuse to show the books or to let it be known what share he reserved for himself. 4. Lirerary AcEntTs.—Be very careful. You cannot be too careful as to the person whom you appoint as your agent. Remember that you place your property almost un- reservedly in his hands. Your only safety is in consulting the Society, or some friend who has had personal experience of the agent. Do not trust advertisements alone. 5. Cost OF PropuctTion.-—Never sign any agreement of which the alleged cost of production forms an integral part, until you have proved the figures. 6. CHorcEe oF PuBLISHERS.—Never enter into any cor- respondence with publishers, especially with those who ad- vertise for MSS., who are not recommended by experienced friends or by this Society. 7. FuturE Worx.—Never, on any accownt whatever, bind yourself down for future work to anyone. 8. Royatry.—Never accept any proposal of royalty until you have ascertained what the agreement, worked out on poth a small and a large sale, will give to the author and what to the publisher. g. PERSONAL Risk.—Never accept any pecuniary risk or responsibility whatever without advice. 10. ResEctED MSS.—Never, when a MS. has been re- fused by respectable houses, pay others, whatever promises they may put forward, for the production of the work. 11. AMERICAN Ricuts.—Never sign away American rights. Keep them by special clause. Refuse to sign any agreement containing a clause which reserves them for the publisher, unless for a substantial consideration. If the publisher insists, take away the MS. and offer it to another. 12. Cesston or Copyricgut.—Never sign any paper, either agreement or receipt, which gives away copyright, without advice. 13. ADVERTISEMENTS.—Keep control over the advertise- ments, if they affect your returns, by a clause in the agree- ment. Reserve a veto. If you are yourself ignorant of the subject, make the Society your adviser. Te  232 14. Never forget that publishing is a business, like any other business, totally unconnected with philanthropy, charity, or pure love of literature. You have to do with business men. Be yourself a business man. Society’s Offices :— 4, PortugaL STREET, Lincoun’s INN Fieups. Coo HOW TO USE THE SOCIETY. re VERY member has a right to advice upon his agreements, his choice of a publisher, 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 Com- mittee will obtain for him Counsel’s opinion. All this without any cost to the member. 2. Remember that questions connected with copyright and publisher’s agreements do not generally fall within the experience of ordinary solicitors. Therefore, do not scruple to use the Society first—our solicitors are continually engaged upon such questions for us. 3. Send to the office copies of past agreements and past accounts with the loan of the books represented. This isin order to ascertain what has been the nature of your agree- ments, and the results to author and publisher respectively sofar. The Secretary will always be glad to have any agreements, new or old, for inspection and note. The infor- mation thus obtained may prove invaluable. 4. If the examination of your previous business trans- actions by the Secretary proves unfavourable, you should take advice as to a change of publishers. 5. Before signing any agreement whatever, send the pro- posed document to the Society for examination. 6. The Society is acquainted with the methods, and—in the case of fraudulent houses—the tricks of every publish- ing firm in the country. Remember that there are certain houses which live entirely by trickery. 7. 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 indepen- dence of the writer. 8. Send to the Editor of the Author notes of everything important to literature that you may hear or meet with. oe THE AUTHORS’ SYNDICATE. EMBERS are informed : 1. That the Authors’ Syndicate takes charge of the business of members of the Society. With, when necessary, the assistance of the legal advisers of the Syndi- cate, it concludes agreements, collects royalties, examines and passes accounts, and generally relieves members of the trouble of managing business details. 2. That the expenses of the Authors’ Syndicate are defrayed solely out of the commission charged on rights placed through its intervention. Notice is, however, hereby given that in all cases where there is no current account, a vooking fee is charged to cover postage and porterage. THE AUTHOR. 3. That the Authors’ Syndicate works for none but those members of the Society whose work possesses a market value. 4. That the Syndicate can only undertake any negotiation whatever on the distinct understanding that those negotia- tions are placed exclusively in its hands, and that all communications relating thereto are referred to it. 5. That clients can only be seen by the Editor by appoint- ment, and that, when possible, at least four days’ notice should be given. The work of the Syndicate is now so heavy, that only a limited number of interviews can be arranged. 6. That every attempt is made to deal with the corre- spondence promptly, but that owing to the enormous number of letters received, some delay is inevitable. That stamps should, in all cases, be sent to defray postage. 7. That the Authors’ Syndicate does not invite MSS. without previous correspondence, and does not hold itself responsible for MSS. forwarded without notice. It is announced that, by way of a new departure, the Syndicate has undertaken arrangements for lectures by some of the leading members of the Society ; that a “Transfer Department,” for the sale and purchase of journals and periodicals, has been opened ; and that a “Register of Wants and Wanted” has been opened. Members anxious to obtain literary or artistic work are invited to communicate with the Manager. There is an Honorary Advisory Committee, whose services will be called upon in any case of dispute or difficulty. It is perhaps necessary to state that the members of the Advisory Committee have no pecuniary interest whatever in the Syndicate. set NOTICES. HE Editor of the Author begs to remind members of 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 6s. 6d. subscription for the year. The Editor is always glad to receive short papers and communications on all subjects connected with literature from members and others. Nothing can do more good to the Society than to make the Author complete, attractive, and interesting. Will those who are willing to aid in this work send their names and the special subjects on which they are willing to write? Communications for the Author should reach the Editor not 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. Members and others who wish their MSS. read are requested not to send them to the Office without previously communicating with the Secretary. The utmost practicable despatch is aimed at, and MSS. are read in the order in which they are received. It must also be distinctly under- stood that the Society does not, under any circumstances, undertake the publication of MSS. The Authors’ Club is now open in its new premises, at 3, Whitehall-court, Charing Cross. Address the Secretary for information, rules of admission, &c. Will members take the trouble to ascertain whether they have paid their subscriptions for the year ? If they will do ; ; { 3  = 4% THE AUTHOR. 233 this, and remit the amount, if still unpaid, or a banker’s order, it will greatly assist the Secretary, and save him the trouble of sending out a reminder. Members are most earnestly entreated to attend to the warning numbered (7). It is a most foolish and a most disastrous thing to bind yourself to anyone for a term of years. Let them ask themselves if they would give a solicitor the collection of their rents for five years to come, whatever his conduct, whether he was honest or dishonest? Of course they would not. Why then hesitate for a moment when they are asked to sign themselves into literary bondage for three or five years ? Those who possess the “Cost of Production” are requested to note that the cost of binding has advanced 15 per cent. This means, for those who do not like the trouble of “doing sums,” the addition of three shillings in the pound on this head. In other words, if the cost of binding is set down in our book at eight pounds, to this must now be added twenty-four shillings more, so that it now stands at £9 4s. The figures in our book are as near the exact truth as canbe procured; but a printer’s, or a binder’s, bill is so elastic a thing that nothinz more exact can be arrived at. Some remarks have been made upon the amount charged in the “ Cost of Production” for advertising. Ofcourse, we have not included any sums which may be charged for inserting advertisements in the publisher’s own magazines, or in other magazines by exchange. As agreements too often go, there is nothing to prevent the publisher from sweeping the whole profits of a book into his own pocket, by inserting any number of advertisements in his own magazines, and by exchanging with others. Some there are who call this a form of fraud; it is not known what those who practise this method of swelling their own profits call it. spe<t THE GENERAL MEETING OF THE SOCIETY. HE formal general meeting to adopt the iL report of 1892 was held at the rooms of the Royal Medical and Chirurgical Society, 20, Hanover-square, W., on Thursday, Nov. 23, at five o’clock p.m. 1n the absence of Sir Frederick Pollock, the chairman, Mr. J. M. Lely was voted into the chair. The chairman then proposed that the report should be taken as read,as it had already been circulated to all the members earlier in the year, and he made a short speech commenting on the success of the Society during the current year. He touched on the case of Macdonald v. The National Review ; and explained the importance of the case to all authors. He then spoke of the Chicago conference, and the fact that Mr. Besant and Mr. 8. S. Sprigge, as representatives of the Society, acted as delegates free of expense to the Society. He then made some remarks about the current copyright law, and suggested that, if it were impossible to bring in a law codifying the copyright law as generally, it might be possible to bring in a law amending the most serious faults in the present state of copyright. These serious faults he grouped under four heads: Dramatisation of Novels, Abridgment, Magazine Copyright under the 18th section of the Act of 1842, and Newspaper Copyright. He further stated that the Society had pro- gressed in numbers and power during the current year, and that 1140 members was the present number on the books. Lastly, he invited any member present to bring forward any other points for the consideration of the Society, touching the Report or otherwise. Sir William Thomas Charley, Q.C., then got up and thanked the secretary for the valuable help and infor- mation he had given with regard to some matters he had laid before him. As the meeting was merely formal, and none of the members present had points that they cared to discuss, the adoption of the report was moved by Mr. J. M. Lely and seconded by Sir W. T. Charley. Mr. Arthur 4 Beckett then moved a vote of thanks to the chairman, which was seconded by Capt. Claude Harding, who thanked the chairman for the interest he had always taken in the Society from its commencement, and the labour he had bestowed as a lawyer on the copyright laws. The vote of thanks was carried unanimously, and the meeting then dissolved. 2 0 CERTAIN USEFUL FACTS. I.—On Corrections. NE of the most interesting items in a pub- lisher’s account is that called ‘“ author's corrections,” and one of the most valuable features in Mr. Sprigge’s ‘“‘ Methods of Publish- ing” is his exposure of the casual way in which this item is charged. It is there shown that the allowance to be made the author for corrections varies from one agree- ment to another; there is no fixed rule; there is not even uniformity of practice in the same firm. The following cases are cited : (1) The author is allowed ros in all for cor- rections. After that he has to pay for them. In the book referred to it means 6d. a sheet. (2) He is allowed tos. per sheet for corrections. (3) Nothing is said about corrections. (4) The sum of £6 was allowed for the author. (5) The sum of £3 was allowed. (6) Nothing was said about corrections, but the author was liable for “any loss” in the pub- lication of the book. (7) The author was allowed 10s. per sheet of sixteen pages. Thus it is proved that there is no uniform charge. But what do these varied forms of limitation mean? What are “corrections to the extent of 10s. a sheet of sixteen pages ?”  234 Tt has been ascertained that whatever sum was named in the publisher’s account the price charged by the printer for corrections was 1s, 2d. or 1s. 3d. an hour. This is something gained. It enables an author, for example, to show that a charge for £106 13s. made in a certain account for corrections, meant the work of one man for 1706 hours, so that at eight hours a day it meant one man’s work for 213 days and two hours, or 35 weeks, three days, and two hours, or eight months, three weeks, three days, and two hours ! Now, the setting up of the whole book could be done in much less time. Obviously, therefore, the charges made for corrections are often merely capricious—or worse. The first duty of the author is to satisfy him- self that the charge has been rea'ly made by the printer and really paid by the publisher. Here, however, is an attempt to connect work with time as well as time with money. Inexperienced persons correct expensively because they are inexperienced. They may note the following points: 1. The mere substitution of one word for another about the same length can be done in three or four minutes—say, in three minutes and a half, Therefore, this kind of correction allows about seventeen words in an hour, and costs 1s. 3d. an hour. 2. If, however, the author strikes out half a line bodily, so that the type has to be shifted for some lines or for a quarter of a page, the single correction may cause work for ten minutes or half an hour, or even longer. This is all that can be said about the connection between work and time. Let the author remember not to disturb the lines, and he will probably avoid a long bill for corrections. A safe rule is to have duplicate proofs, and to enter the corrections on both proots. In case of dispute the copy kept can be referred to. To sum up. The allowance of tos. a sheet means about eight hours’ work per sheet, or about 136 words—a very fair allowance. A better plan stil], though it means a tax on the author, is to type write the whole at a charge of 1s. to 1s. 3d. per thousand words, or about £4 for a book of 70,000 words, correct, it care- fully, and hand it in to the printer as a first proof corrected for press. II—Tue Dererrep Royatry. “Tn consideration of a royalty of 2d. in the shilling on the published price, to begin when two thousand copies have been sold.” THE AUTHOR. We take a six-shilling novel. An edition of 3000 was printed. The following was the cost (see “ Cost of Pro- duction,” p. 27): Composition, 17 sheets at £1 7s. 6d. £ s. d, per sheeh oe 23 7 © Printing, 17 sheets at 16s. 2d. per sheet... 21.2260 eee eG 13 14 Paper cgccreec i ee Binding, at 5d. a volume ............... 62 10 0 Advertisine (,...0.. ee se 25 0 © Moulding, at 5s. a sheet................. 4 5 © Stereoty ping, at gs. asheet ............ 713 6 Corrections: ....5..65005 bo 210.9 #185 10 | It would be only in the case of a book pretty certain to prove successful that a publisher would begin with an edition of 3000. The price of the book to the trade would be generally 3s. 73d. We may however, making allowance for bad debts, call it 3s. 6d. We have, thus, these figures : By the first 1500 copies— £ sd The publisher would gain ............ 76.19 98 The author would gain ............... Nil. By the first 2000 copies— The publisher would gain ............ The author would gain ............... By the first 3000 copies— The publisher would gain ............ 289 9 8 The author would gain ............... 50.0.0 164 9 8 Nil. It may be said that is an extreme case, and one not likely to happen. But such a proposal was actually made, a short time ago, to a very distinguished man of letters, that his royalty should begin after 2000 copies. Or, a deferred royalty may be proposed to begin after 400 or 500 copies. It is often deferred beyond the point where the circulation is likely to end. And the royalty that is then offered gives the publisher by far the greater share. For instance, suppose a royalty of 2d. in the shilling, to begin on such a 6s. book after 500 copies are sold. The cost of the first thousand (all copies bound) would be, approximately, £100. If only 500 are bound, about £90. : The sale of 500 copies (supposing only 500 bound) brings in £87 10s., showing that the pub- lisher has thus recouped his expenditure. The sale of the next 450 (allowing 50 for Press copies) brings in £78 15s. ‘I'hese copies have to be bound at a cost of about £10. The author takes £22 10s., the publisher about £46—more than twice as much. If, however, under a deferred royalty to begin  THE AUTHOR. 235 after 500 copies, the book is such that the pub- lisher can reckon on a large sale, and can print 3000 copies, the following is the pleasing result : The publisher makes £215 The author makes £125 On a royalty of 2d. in the shilling from the begining the author makes £150 and the pub- lisher £190, so that in everyone of these cases the publisher gets the better of the author. If a deferred royalty is offered, care must be taken to ascertain (1) whether the postponement covers all, or more than, the cost of production ; and (2) what the royalty afterwards proposed means. For instance, a royalty of 2d. in the shilling to begin after the cost of production is defrayed, thus : First, a certain number having defrayed the cost, there remains of the edition of 1000, say of a 12s. book, 400 copies. They sell at about 7s. 6d. a copy. The 400 copies realise £150. The author takes £40. The publisher takes £110. The deferred royalty, therefore, it will be seen, may become a most potent means of defrauding the author, and in such a proposal it is above all things necessary to work out the figures carefully before signing. i by this arrangement. II[.—On Spectat, or RepucEep, PRICEs. A publisher, writing recently in the Athenxun, tried to make a great point of the wonderful difficulties presented by special sales; .e., sales at a reduced price, to meet exceptional circumstance —in plain language, to “ make a deal.” Now, it may very well happen that in order that this deal may be made, the publisher may sacrifice books in which the author has an interest in order torun books entirely his own. Therefore, it would be quite right to insist on the mainten- ance of the royalty—if there is a royalty—what- ever the publisher’s terms may be, and to insist on the usual trade terms if it isa profit-sharing agree- ment. A better plan would be to have nothing whatever to do with a publisher who proposed to reduce terms in order to suit his own convenience, unless the author chooses to sell his interest outright on terms to be agreed upon, with the help of someone who understands these things. Suppose, however, that circumstances arise which may make it desirable for “ special” terms, the author being consulted in this matter. We may consider the approximate figures as a guide. The ordinary 6s. volume is taken, which costs (approximately) 1s. a copy when an edition of 3000 is printed, and sells for 3s. 73d. (gene- rally) a copy. This shows a profit of 2s. 73d. on every copy, supposing the whole edition of 3000 to go off. A royalty of 21°9, or nearly 22 per cent., gives author and publisher half profits. If, f.r any reason, special terms are offered, say at 2s. a copy instead of 3s. 75d., the profit is reduced to 1s. a copy, and the royalty, giving half profit to both publisher and author, would be reduced to 83 per cent. But in the case of a large success a half profit system is unfair, because it puts the services of administration and collection on an equality with the work of crea- tion, so that the preceding must only be taken as an illustration. eas LITERARY PROPERTY. I.—Hieu Court oF 'Justice—CHANCERY Division. (Before Mr. Justice STrRLING.) RUSKIN UV. COPE BROTHERS AND CO. (LIMITED). This was a motion on behalf of Mr. John Ruskin, the well-known author, asking for an injunction to restrain the defendants from selling or offering for sale any book or works being piracies of the plaintiff's works or infringements of his copyright therein, and particularly a book entitled ‘Cope’s Smokeroom Booklets, No. 13. . John Ruskin.” The defendants were manu- facturers of and dealers in tobacco, and it appeared that for advertising purposes they had published a series of booklets consisting of extracts from the works of celebrated authors, prefaced by introductory notices and accom- panied by advertisements of their tobacco and cigars. It was their practice to send these book- lets out with the goods sold by them, and, although a small price was put upon them, they alleged that it was not their practice to offer them for sale, and that they had in fact not sold them for profit. The particular booklet in question in this action consisted almost entirely of passages reprinted from Mr. Ruskin’s ‘‘ Fors Clavigera,”’ and it appeared that as soon as it came to the knowledge of Mr. Ruskin’s secretary the writ in this action was immediately issued. An injunc- tion was now applied for in the same terms. Mr. Buckley, Q.C.. and Mr. Bramwell Davis appeared for the plaintiff. Mr. Hastings, Q.C. (with whom was Mr. Dunham), for the defendants, said that he could not dispute that what had been done was legally wrong ; but as soon as the defendants found out that Mr. Ruskin objected to it they at once took steps to call in the copies already issued by them, As counsel on behalf of the defendants, he was willing to submit to a perpetual injunction in  236 the terms of the notice of motion, and his clients were ready to give an undertaking not to issue any further copies of the booklet and to do their best to get in the copies which they had already called in, and to make an affidavit verifying the number of copies published and the disposal thereof, and to deliver up to the plaintiff for cancellation all such parts of the booklets in their possession as were piracies of the plaintiff's works, and, moreover, to pay the costs of the action. They were also willing that the hearing of the motion should be treated as the trial of the action. These terms having been accepted by the plain- tiff, the case came to an end.—From the Tvmes, Nov. 25, 1893. : TI.—Botron County Court. (Before His Honour Judge Jones.) ACTION BY A JOURNALIST ARTIST. Charles George Harper, artist, of London, who was represented by Mr. Cannot, barrister, in- structed by Messrs. Judge and Priestley, London, sued Messrs. Tillotson and Son for £30 9s. 10d., alleged to be due for drawings and contributions supplied by him for publication in the Wheeler. Mr. M. Fielding, solicitor, appeared for the defence.—Mr. Cannot said plaintiff was an artist of distinction, and a contributor to various impor- tant newspapers of sketches and articles upon topics of interest. On March 26, 1892, he received a communication inviting contributions, and plaintiff thereupon sent a letter with a sketch and an article, fixing his price. From April, 1892, down to June, 1893, he supplied various drawings and sketches, amounting in all to £81 14s. 10d. Certain of these were used, and £51 5s. had been paid to him for them. The balance constituted the claim. The reason that had not been paid was that defendants contended they had not to pay for things they did not use, but plaintiffs contention was that their letters indicated an agreement that he should send them sketches and articles for which he should be paid whether used or not.—Mr. Fielding intimated that his defence was that his clients were not to pay for unused material.—A lot of correspondence was then gone through by Mr. Cannot. In conclusion he pointed out that defendants had mistaken their legal position. The fact that they had received certain blocks established plaintiff's claim —Harper was then sworn. He tendered evidence in accordance with counsel’s opening statement. In cross- examination he admitted that many of his drawings would have been just as good three years hence as they would if published in 1892. —Mr. Fielding, for the defence, remarked it THE AUTHOR. might have been better had the parties had a more explicit agreement. Harper had been told both in Bolton and at the Crystal Palace that he was not to be paid until articles were used.— Mr. Wm. Fairhurst deposed to having several conversations with Harper, whom he told they would not pay for unused matter. Further, Harper admitted to him, in regard to another case, that the contributor ought not to be paid till the contributions were used.—Mr. Win. Brimelow, one of the partners in the firm of defendants, said he also told Harper they did not pay for unused contributions. Cross- examined by Mr. Cannot, he said they could keep matter sent to them till the sender requested its resurn.—His Honour summed up, and held that the letter early in 1892 was an agreement that Harper should be paid whether his contri- butions were used or not. The subsequent con- versations did. not constitute a fresh agreement. He gave a verdict for the plaintiff, less £2 2s., the price of a drawing rejected.—Bolton Evening News. Til.—“ A Royvauty AGREEMENT, The following is a printed form tendered recently to an author :— “Memorandum of agreement made this day of between (author), for himself, his executors, administrators, and assigns, of the one part, and (publisher), for himself, his executors, administrators, and assigns, of the other part. Whereas the author is the proprietor of the copy- right in a work entitled , which he has requested the publisher to publish on the terms and conditions hereinafter appearing, it is hereby agreed between the author and publisher as follows :— 1. The author guarantees that there is copy- right in the said work in the United Kingdom, and that he is the proprietor thereof. Should the publication of the said work subject the pub- lisher to any legal proceedings, civil or criminal, the author undertakes to indemnify the publisher against all fines, damages, costs, expenses, OF liabilities which the publisher may incur in or in connection with such legal proceedings. 2. Subject to the provisions of this agreement, the publisher shall have the sole right to publish the said work in the British Dominions during the term of copyright by law conferred therein upon the author, and shall further have the sole right as between himself and the author, to publish the said work in all other countries unless and untii the right of publication in any such country is assigned as provided in clauses 9 and 10 hereof. 3. All details as to the time and manner of  THE AUTHOR. publication, production, and advertisement, and the number and destination of free copies, sball be left to the sole discretion of the publisher, who shall bear all expenses of production, publication, and advertisement, except the amount (if any) by which the cost of corrections of proofs, other than printer’s errors, at per printer's invoice, exceeds an average of five shillings per sheet of sixteen pages of printed matter, which amount shall be borne by the author. 4. When the first or any later edition of the said work has been sold out, the publisher shall not be bound to reprint the said work if he con- siders its past sale not to warrant such reprint ; but if, when any such edition is exhausted, the publisher shall not, within one month after receiving a request in writing from the author to publish a further edition, decide to publish such further edition, the author shall be at liberty to make such arrangements as he thinks fit for the publication of any further edition or editions of the said work, provided that he take over the moulds, stereo-plates, or electro-plates, or other similar plant used for or taken from any previous edition at their net cost as per invoice. 5. The published price of the first edition shall, on publication, be 3s. 6d. per copy, but the publisher shall have the power in his discretion to alter the published price of any edition as he may think fit, and to sell the residue of any edition at a reduced price, or as a remainder. 6. Subject to the payment of the royalties hereinafter mentioned, all proceeds of the sale of editions, remainders, or copies of the said work in the British dominions, or elsewhere, shall be received by and be the property of the publisher. 7. The author shall be entitled to receive on publication, six presentation copies of the first edition of the work, and three copies of every subsequent edition, and shall be entitled to pur- chase further copies for personal use at half the published price net. 8. The publisher shall pay to the author no royalty on the first 1000 copies sold, but on all copies after the said 1000 have been disposed of the publisher shall deliver to the author on the 29th day of September in each year a statement of the number of copies sold, whether singly, or in editions, or remainders, and whether in the British dominions or elsewhere, during the year before the preceding 30th day of March, with the price or prices at which such copies were sold, and shall, at the time of such delivery, pay to the author on all such copies sold at above half their published price a royalty of 10 per cent. on their published price, and all such copies sold at or below half their published price, a royalty of 10 per cent. on the net receipts of such sales. In VOL, Iv. 237 calculating such royalties, thirteen copies shall be reckoned as twelve, and no royalties shall be paid upon any copies presented to the author, or others, or to the Press, or upon copies destroyed by fire. g. Except as provided in clause [reference omitted, but apparently 11] hereof, the copy- right, whether English or foreign, in the said work, including the rights of translation, drama- tisation, and publication of any dramatic version thereof, shall not be sold, assigned. or trans- ferred by the author, either as a whole, or for a limited time, or over a limited space, without the consent of the publisher. 10. In the case of works which have not copy- right in the United States, and in view of the frequent necessity of immediate action in such cases, the publisher shall have full power, without consulting the author, to sell, assign, or transfer advance rights, or stereo-plates, electro-plates, or shells of the said work for use in the United States, together with ‘control of the market,” meaning thereby an agreement that no right to publish the said work in the United States shall be sold or assigned to any other person by the author or original publisher thereof, and the author agrees to execute on request any do ‘ument which may be necessary or expedient to carry this clause into effect. 11. That the proceeds of the sale or transfer of copyright, as defined in clause 9 hereof, or of the sale, transfer, or assignment of any of the interests defined in clause 10 hereof, for use in the United States, shall be received by the publisher, and be divided in the proportion of one-half to the author and one-half to the publisher, such amounts to be payable as and when provided in clause 8 hereof. In the case of stereo-plates, electro-plates, or shells, sold under clause 10 hereof, the net proceeds of the sale, after deducting the invoiced cost of their production, shall be received, divided, and paid over in the same way. 12. The author undertakes, at the request of the publisher, and on receiving a suitable indem- nity against costs (if any), to take all proceed- ings necessary to enforce his copyright in the said work, whether in the British dominions or else- where, and to allow his name to be used by the publisher in all proceedings, and to comply with all formalities of registration or deposit of copies necessary to acquire or protect copyright, whether in the United Kingdom or elsewhere, aid to allow his name to be used by the pub- lisher for the purpose of compliance with such formalities. 13. The author guarantees to buy from the publisher for cash 500 copies at 2s. per copy U 238 net. As witness the hands of the parties hereto, the day of the year first above written.” The preceding is the actual agreement repro- duced word for word. The following are a few notes of explanation : Clause 1. For instance, if the publisher be pro- ceeded against by the printer for not paying his pill, would the author have to indemnify him? For, certainly, this might be described as an action arising out of publication. Clause 2. What is the meaning of the words in the second clause, “as between himself and the author”? Does this clause mean that the publisher shall have all the rights—American and continental ? If not, what does it mean ? Clause 3. This is a very comprehensive clause. The publisher claims complete control: (1) Over time of publication. He may therefore put it off as long as he pleases. (2) Over the manner of production. Does this mean the form and price of the book? (3) Corrections are allowed up to five shillings a sheet. What is the connec- tion between words and money and time in the item of corrections ? Clauses 8 and 13. The author is to pay £50 down on account of expenses, é.e., he is to buy 500 copies at 2s. each. One would like to know what will be the further expense in the production of the book. Then the publisher puts in his own pocket, as well, the whole proceeds of the next 500. When 1000 copies are sold the author’s royalties begin at the magnificent rate of 10 per cent., 2.e., 4id. a copy. But the publisher may sell it at half, or less than half the price, in which case the author is to get only 10 per cent. of the sum realized. Clause 9.—The author seems called upon in this clause, for no consideration whatever, to place all his dramatic rights, and the right of translation, in the absolute power of the pub- lisher. Clauses 10 and 11.—The publisher demands 50 per cent. for acting as a literary agent in placing the book in America. The agent does it for 10 per cent., and sometimes less. It would seem, also, that if the literary agent does the work, the publisher shall also have 50 per cent. These are a few points rising out of this remarkable agreement. A publisher is certainly within his right in making any stipulations and terms he pleases. We do not deny that right. It is for the author, before accepting these terms, to ascertain what they mean. IV.—A PossisLE APPLICATION, We have abstained from figures in considering he clauses of this agreement because we do not THE AUTHOR. know the length of the MS. or the proposed form of the book. Let us now, however, take an imaginary case worked out on the terms of the agreement. We will set down—see “ Cost of Production,” p. 27—the cost of producing and advertising a book of 192 pp., in small pica, 29 limes to a page, and 253 words to a page, as, for the first 1000, £70, the cost of production of the next 3000 as £110. Now, the publisher sells to the author 500 at 2s., and to the trade 450 at 1s. 11d. He then prints a second edition of 3000, of which he sells, say, 1500 at 1s. 11d. He then, we will suppose, reduces the price to half, and sells the remaining 1500 at that price. He sells advance sheets to America for £50, and the right of translation into French for £10. How does the account stand according to our figures ? Receipts :— £ 3.8 From the author’s contribution ...... 0 0 6 From the trade for the first edition, abs) lid. 95 43.2.8 From the second edition, 1500 at 18, LiQs ose ee 143 15 O 1500 ab 18. OG. cevcsecpeer nruerensseeees 2ST 5 @ £368 2 6 Cost of production :—- 2 se The first 6d1Hi0On = 00s eee 70 0 8 The second edition ................006- 110 6 @ Author’s royalties, 10 per cent., 4id. On 1500 COpies ..............-.+ 26 5 © Author’s royalties 10 per cent. on SUM FORMBCO |... 132.8 Publisher’s profit: ...............0s:eeeee 148 15 0 £368 2 6 So that by this agreement, after the whole 4000 are gone, the author's little perquisites amount to £39 7s. 6d., towards his first advance of £50, and the publisher’s to £148 15s.! There are also the American rights and the rights of translation, of which the publisher takes 50 per cent. ! And the author has, one supposes, the right to dispose, somehow, if he can of the 500 for which he paid. It may be objected that we have taken an imaginary case: that the book in question would not sell to anything like this extent; that it had illustrations, but none were mentioned in the agreement; that the figures of cost, &c., are all wrong. The answer 1s, that it is permissible to apply the terms of any agreement to any imagi- nary case, if it is a reasonable and a possible case. But we have taken a possible and a common case, and on the supposition of certain sales have shown THE AUTHOR. what this agreement would, in such a case, lead to. Another way of looking at the agreement is this: According to our figures every copy after the first 1000, would cost 84d. At the trade price of 1s. 11d. we should have this result : The author, after the first 1000, having advanced already £50, would receive 43d. a copy. The bookseller would receive a profit of 73d. The publisher would receive a profit of 10d. At the half price rate the author would receive 10 per cent. on the amount realised, 7.e., 10 per cent. on 21d., or 2;,d.—poor wretch ! The bookseller makes a profit of gid. The publisher makes a profit of 9 ‘od. V.—A Nonpescriet AGREEMENT. Here is another agreement which may be added to the many in the “Methods of Publishing.” We live and learn the ways of the ingenious pub- lisher. This time the terms are very simple. The author is to receive £25 if the three volume novel sells 250 copies. He is to receive £25 if a new edition is produced. Finally, he is to receive a third and last payment of £25 if 5000 copies are sold of the cheap edition. We are not concerned with what happened to this book, whether it was successful or not. The point for our readers to consider is that terms were offered which in the event of the greatest possible success limited the author’s returns to £75, and gave the publishers all the rest ! ViI.—Wuar Constirures a CxLaim to Copy- RIGHT ? Mr. Fisher Unwin refuses permission to pub- lish the correspondence mentioned in the last number of the Author, on the ground that it would be incomplete. He does not state in what respects it would be incomplete ; nor how he knows that it would be incomplete ; nor does he offer to make it complete. Therefore the answer to this question wil] want the interesting illustration we proposed to give it by publishing this correspondence. Oe OMNIUM GATHERUM FOR DECEMBER. What is good for the swarm is good for the bee.—M. AURELIUS ANTONINUS. Subjects for Treatment.—Texts from the Tal- mud, as enunciated in the Quarterly Review article of July, 1867; the Mending of the House of Lords, with special reference to Lord Salis- bury’s and Lord Dunraven’s Bills of 1888; the VOL. Iv. 239 Riddle of the Universe, as solved by Mr. Faw- cett; Mr. Keir Hardie’s Nationalisation of Mines Bill; the Choice of an Executor; Professional Etiquette ; the Cultivation of the Cranberry ; the Special Taxation of Pluralist Directors, and of Foreign Barley; the Bank of England; the Consolations of Illegitimacy; Overwork; the Subjugation of Dipsomania by Hypnotism ; Christmas in Dublin. Grace Aguilar.—She was (so Ilearn from Mrs. Crosland’s “Landmarks of a Literary Life’’) descended from one of those Spanish-Jewish families who fled from persecution under Ferdi- nand and Isabella. Though by no means rich, she refused Mr. Colburn’s liberal offer to write a history of the persecution of the Jews in England because she did not choose “ to revive the memory of half-forgotten wrongs.” A little later, her income having slightly increased, she wrote to the editor of a magazine to which she contri- buted, volunteering to accept half the sum which she had been accustomed to receive, so that there might be a surplus for those who wanted the money more than she did. “ The Daily Paper.’—This remarkable literary adventure of Mr. Stead deserves, I think, the cordial support «f authors, if I may judge from the sample number published with the “ Review of Reviews Annual.” It is with great satisfac- tion that I see it is to have machine-cut pages, a front paged indexed table of contents, and adver- tisements careful y distinguished from news Absit all spookage ! Control of Literature by Advertisers.—Writes Mr. Vizeteily in his “Glances Back through Seventy Years,” ‘‘ Cyrus Redding,” writes he, “ mentions that Colburn used to say that a hundred pounds laid out discreetly in advertising would make any book go down with the public, as the expenditure of this amount materially influenced the criticisms.” How we have changed since Col- burn’s time! The Lind Abridgment.—It is good news that an abridged edition of J. Lind’s biography is about to be issued by the authors. It is dis- tressing to reflect that it might be no breach of copyright if this were done by strangers, but consoling that other intending biographers may take the hint and cut their stories short. Very few of the biographed are worth more than one volume of 800 pages, and even Lord Shaftesbury and Dr. Pusey might have been presented in some 1000 pages apiece, whereas the one had three volumes, and the other is now having four. Publication of our Names.— We of the Authors’ Society now number 1141 persons. Rightly or v2  240 wrongly, we have hitherto abstained from divulg- ing our names. Why should not this secrecy cease, and a printed list of all our members be circulated amongst us? Our too modestly budding Shakespeares and Sapphos, and any other members who wished to remain anonymous, could still have their wishes respected, as the name list might conclude with the words, “In addition to the above there are also [39 or 47 or as the case may be] members of the Society, who for various reasons do not wish their names to be published.” Finis.—“ There is an end to everything, even to Wimpole-street,” as Sydney Smith said just before his death, and these Omnium Gathera, in which I have been babbling on since January last, now have their end, as it is high time they should. A merry Christmas to all! J. M. Lety. es THE LITERARY AGENT. HE onslaught upon the Literary Agent, lately made by a publisher in the Athenewn, will prove useful if it leads us to consider the position and the functions of the Literary Agent, and the reasons, for or against, the placing of business arrangements in his hands. Those of us who choose to work through an agent are actuated by the following reasons (they are put as briefly as possible) :— 1. We desire to free ourselves from the trouble and worry of managing our own affairs. 2. Trouble and worry and fighting—not to say humiliation—seem to us inevitable in the present chaotic condition of publishing, unless the author is foolish enough to place himself unreservedly in the hands of his publisher; that is to say, to accept a business man’s own estimate of the value of his services. 3. We desire to have a man of business to make our arrangements for us with a man of business. He must be a man who understands thoroughly what is meant by every form of publishing agreement; he must be a man of undoubted integrity ; and he should be a persona grata to honourable publishers. 4. We desire also to have a man of business thinking and working for us, not only administer- ing the affairs of the present, but also arranging those of the future. 5. We certainly do not desire that injustice should be committed towards publishers in our interests. 6. We do not find that the employment of an agent has in the slightest degree affected the THE AUTHOR. friendly relations which exist between ourselves and our publishers. 7, We find that the freedom of mind and the absence of pecuniary anxiety which we enjoy in consequence of an agent’s care for our interests is a boon which cannot be measured by money. 8. Given a publisher who desires to treat an author honourably, that is to say, on terms which between men of business are considered honourable, what objection can he _ possibly have to arranging these terms with an agent instead of an author ? g. It is alleged that the literary agent insists on a life long agreement. We have never made any such agreement. 10. When a publisher cries out upon the literary agent it must be remembered that it is not he, but the author, who pays the agent. Why, then, does he complain? The answer is obvious. Why, the thing is so thin that a child can understand it. 11. When a publisher cries out that the literary agent deprives him of his friend, why was the friendship destroyed? That friendship which survives the appearance of the literary agent upon the scene is the only kind of friendship between author and publisher which is desired. 12. When a publisher complains of the literary agent taking ten per cent. for his services, the answer is that the amount of the commission must always be an arguable quantity, but it is at least a good deal lower than that demanded by many publishers when they propose to take 50 per cent. for arranging American copyright or continental rights. On the other hand, it may be stated— 1. That the agent may be dishonest. That is very true. For instance, there is an agent who is said to have a commission for taking authors to a certain House. Against dishonesty the only guard is experience. At the Society we have experience and cannot only warn, but recommend. Between a dishonest publisher and a dishonest agent the choice is between the devil and the deep sea. 2. There are authors who think themselves strong enough to conduct their own affairs and to arrange their own engagements. One or two may be, and are, actually srtong enough. Many of those who think themselves so are living in a fool’s paradise. But undoubtedly those who do know the truth about publishing and are not afraid or ashamed to make their own terms do not want an agent. 3. The young writer who is as yet unknown and has no clientele does not want an agent. Let  THE AUTHOR. him work on, making some kind of a name for himself gradually or by a single coup. When he has done so an agent may advantageously take him in hand. ee EROTION. Martial Epig. : Book V., 38. Far fairer did my darling seem Than ev’n the full-plum’d swan ; No lamb beside Tarentum’s stream Matched my Erotion ! More exquisite she was to me Than the most lustrous pearl Of Lucrine lake or Persian sea, My peerless little girl! The lily in its purest prime, The snow’s unsullied fall, The ivories of Orient clime, Whiter was she than all! Her hair surpassed the coils that crown The maidens of the Rhine, The dormouse with its golden down, Theria’s fleeces fine. Sweet was her breath as Paestan bowers, As amber all a-glow, Or honey freshly hived from flowers That on Hymettus blow. The squirrel by her side had been Bereft of all its grace, The peacock paltry ’mid its sheen, The Phoenix commonplace ! * * * * * * * Scarce cold upon the new-made pyre My pretty darling lies ; The Fates were wrought with envious ire To rob me of my prize; And ere six years she’d counted quite, In her sixth winter-tide, My pet, my plaything, my delight, My own Erotion died ! Yet Paetus who himself displays The wildest of despair, (He’s pummelled now his chest for days, And pulled ont half his hair !) Paetus is pleased to rally me On being a little sad— “ What! snivelling for a slave!” sneers he, ‘You surely must be mad! “Why I have lost a wife, endowed With all the world could give, Riches, position, lineage proud, Yet I contrive to live!”’ With resignation truly rare Our friend ’gainst trouble strives ; He finds himself a millionaire, Yet, strange to say, survives ! Wiiiiam TOYNBEE. 241 NOTES AND NEWS. \ CARD is before me bidding me to the unveil- ing of the Lowell window at Westminster on Wednesday, the 28th. The address will be—by this time has been—given by the ight Hon. Arthur Balfour. It will certainly be—have been —an excellent address. Mr. Balfour has shown on several occasions, but especially in a certain Rectorial address, the possession of what are recognised asthe literary gifts. But why should Mr. Balfour be called upon to speak on this occasion? The gift of the window was set on foot chiefly by a committee of literary men and women; the subscriptions, although they include some from Lowell’s friends not of the literary craft, came chiefly from literary men and women. Tt is essentially a gift from literary folk to a man of letters. Therefore the address should have been delivered by an English man of letters. Why did not the chairman of the com- mittee himself, Mr. Leslie Stephen, perform this duty? He would have been acknowledged by everybody as the right man. In the selection of Mr. Arthur Balfour I recognize the same spirit which excluded men of letters from the great Function in Westminster Abbey of 1887. Let them stand aside—humbly—in a corner, while their betters speak. In the same way, to speak of a smaller thing, when the Jeffries bust was put up in Salisbury cathedral, not a single member of the committee—who were all men of letters—was invited. In the same way, at the annual dinner of the Royal Literary Fund the nen of letters are made to know their place, which is down below, while the Chairman is sup- ported right and left by a row of noble lords. When will men of letters learn to take their proper place in all things literary’ That place is in the front; if oratory is wanted, it is for them tofindit. The emancipation of the author from the man with the bag must be accompanied by the elevation of the author to the leadership in his own craft and all that belongs to it. -—e ~-- The above was written in anticipation. As everybody has learned, with the greatest regret, Mr. Balfour was on the day confined to his room with influenza. Mr. Leslie Stephen did, after all, deliver the address, and proved the fitness of a literary man in things literary. What has been written, however, may stand. One may conjure with the name of Bronte. Everything connected with that strange family ig curious and significant. All their history, from the great-grandfather downwards, goes to build  242 up Charlotte. Dr. William Wright’s new book («The Bronté Family”: Hodder and Stoughton) takes us back to the ancestors, and restores them to the world. Now we know how they got their gift for story telling and from whom. ‘This is a season wonderfully rich in biographical work and memoirs and reminiscences, but this book is to me by far the most striking and the most interesting —even more interesting than Sir Walter Scott’s Letters. To say that it is as interesting as a novel is nothing, because novels are very often horribly dull. To say that no novel of the year equals it in interest is nearer the cold, unvar- nished truth. There are no shilling shockers this year. Were there any last December? Or the year before ? Is it possible that they have all perished without a single tear? Only yesterday, standing at a bookstall, I became aware of their absence. Some- thing jarred. The coloured Christmas pictures had just awakened a fond reminiscence of the bilious- ness peculiar to the joyous festival now within sight. One had become seasonably uncomfort- uble — Christmassy irritable. ‘I'hen, to repeat, something jarred. Where were the shilling Christmas stories ? Where indeed? Where are they gone, the old familiar covers ? And to think that in my time I have written about fifteen, more or less! Six—from 1876 to 1881—were written in collaboration for Mr. Charles Dickens. One as a private venture, and a very good venture, too. Five more alone for Mr. Charles Dickens. And then four for Mr. Arrowsmith. And now, I suppose, no one will ever write any more. Is it, then, a lost industry ? But the illustrated papers remain. Courage, camarades, le Diable est mort! I beg to express in this column my appreciation of Rider Haggard’s Mexican story. I do so while I am fresh from reading it at two pro- longed sittings. The glow and glamour of the romance are still upon me. I have been, I am still, in Mexico among the Aztecs. Long years ago, when I read Prescott’s “History of the Conquest of Mexico,” something of the same glamour fell upon me. He, too, could charm his readers, and take them with him to the wondrous city of Mexico. The great distinguish- ing quality of Rider Haggard, which he un- doubtedly possesses in a very high degree, is this magic power of seizing and holding his readers, so that they become absorbed and abstracted from all earthly things while their eyes devour the page, and their minds are far away among the creations of the author's brain. This is a great gift. One would not compare in these pages one living THE AUTHOR. writer with another, nor would one assign to this man so much, and to another so much more or less. Also a writer’s power is not the same over every reader. His mesmeric influence is strong over some minds, weak over others. My own mind, for instance, is most readily subjugated by Rudyard Kipling and by Rider Haggard. I read a notice of “ Montezuma’s Daughter ” inan evening paper. It was not so much a notice as a dissection. ‘“ Here,’ said the writer, “we have a shipwreck; we know very well that the hero will get to shore; and we guess what will happen next; here is a coincidence—why—we knew it was coming.” Andso on. All this was quite true, perfectly true. But—without coinci- dence, dangers, escapes, where is pure romance of the sixteenth century? There is but one bag of tools for the romance writer. You might just as well complain because an architect follows well-known plans, and has his arch, his Corinthian column, or his porch of columns. The dissection was perfectly correct, no doubt. But when you have finished the dissection, what next? Can anyone, by assisting at the dissection, become a writer of romance? Will the learned dissector, if he is a novelist, take his bag of tools and make a romance and let it be compared with ‘“ Monte- zuma’s Daughter”? Or, if he is not a novelist, but a critic, will he name a romance of adventure which he would compare with “ Montezuma’s Daughter”? A romance must have “ grip’— that is the first essential ; it must hold the reader spellbound to the finish. This romance possesses the quality of “grip” in an eminent degree. What should a novelist most pray for? Grip. And next? Grip—And then more grip. Mr. Robert Sherard’s book on Zola will be read by everyone who reads the “Master.” A man’s life is not, it is true, completed until it is closed. Many things may happen to Zola before the end—great and good things, one hopes and expects. But the world is not content to wait; it wants to know something about the young days, the days of small things, the wrong starts, the struggles to win the lowest rung of the ladder. These are things of the greatest interest, and it is well that they should be written of Emile Zola. The one indispensable condition of an incomplete biography is that it should be written with the full consent and knowledge of the subject. In this case not only did Emile Zola consent to the work proposed by his friend and disciple, but he gave the writer every possible assistance and information. The result is a work conceived and executed in perfect taste, with the  THE AUTHOR. proper reticences, and yet the fullest information. We see how Zola, the son of a man who was half Venetian and half Greek, and of a mother who was wholly French, brought up in Provence, inherited the imagination and the ardour of the South with the common sense and the artistic sense of France. The story of his father’s struggles and success, and of his death at the very moment of success, is told too briefly. How Zola worked ; how he starved; how he climbed upwards, making his failures, as Augustine made his sins, stepping-stones to achievement ; this is a new chapter in the history of men who have made their literary way. Paris has always its Balzacs and Zolas, starving and working and hoping. It has also those who starve and work and hope in vain. Young Zola, or young Balzac, in this country, would find a temporary home on the Daily News or the Daily Chronicle. A writer, under the nom de plume of “Tngenue,” sends me, in vindication of her remarks upon critics, a small collection of critical remarks upon her recent work. These extracts show most astonishing disagreement on the book. If they were seriously advanced as an example of the present condition of English criticism, they would at once prove criticism to be a mockery, literary standards as not existing, and literary judgment as much a matter of chance as the deci- sions of the great Judge Brid’oison. Here are the conflicting gems. Is it possible to explain— to reconcile—judgments so opposite? Ihave not read the book, and therefore I am not expected to add another judgment to this long list of oppo- sites : 1. The temerarious reader who pursues this story to the end will put straws in his hair, and be dealt with by the Commissioners of Lunacy. 2. There are points about it which make portions not merely readable, but even exciting and engrossing. 3. We have never read a more absurdly-planned book. 4. The tale itself is highly emotional, cleverly constructed, and ably written throughout. 5. This is a clever book in parts. . . It is the kind of book to keep one awake all night, for it defies the best intentions of the reader to lay it aside. 6. An outstanding merit of the novel is that the writer has a secret worth the keeping, and that he keeps it securely locked till almost the very close of a delightful novel. 7. It is difficult to believe that any but an enforced reader will arrive at the end of this ill-constructed, ill-imagined story. 8. Confusion reigns supreme. A farrago of weari- some improbability put together in a manner that makes it a sort of puzzle not worth while to solve. g. The plan is hardly a success. . . The story is odd, oe and exciting—altogether a most tantalising ook, 10. This curious story keeps the reader wide awake from cover to cover. We gladly recommend as a dish 243 likely to suit all who relish humour, pathos, romance, and unconventionality. 11. The two talk such tiresome twaddle that the bored and bewildered reviewer gives the whole thing up. 12. To attempt a description of the plot would be to destroy the prospective reader’s pleasure. The reader is hurried from in a most bewildering and exciting manner. Thestory . is well written and amusing. 13. The author may have aimed at originality or at a practical joke; but the originality is elaborated to boredom, and the joke is hidden by a pile of words. 14. The confused jumble the stilted phraseology will be taken as evidence of the amateur’s ineptitude. 15. We must find room to commend to all who want a good story. We should hope that, like all the novels of its class, this story will have success. Unlike many in its class, it will have deserved it. 16. Mr. is not a genius, and his freak distinctly bores us. 17. Difficult to come across a more utterly foolish novel. — It is only in works of imagination—poetry, drama, fiction—that one comes across such extra- ordinary opposite opinions. How, one asks in wonder, can the same work strike men of sound mind and, presumably, literary experience so differently ? It may be suggested that some of the opinions come from the critics of the Stoke Pogis Express. Not so ; they appear in the papers to which one commonly sends books. I do not, of course, suggest for a moment that any one of these judgments is wrong, Nothing would induce me, after these judgments, to read the book with the intention of adding another. But, like “Ingenue” herself, whose language and thought seemed to me those of exaggeration, I ask whether a book can be at the same time dull and exciting, foolish and interesting, successful and a failure, ably planned and absurdly planned, twaddling and well written, a confused jumble and likely to suit all who like humour and pathos? The one truth which seems to come out of these contradictory opinions is that the book possessed at least strength and originality enough to compel attention. It was able to exercise a a certain amount of magnetism over its readers. This is evident from the direct outspoken abuse and praise which it called forth. Feeble books get feeble notices; commonplace books are dismissed with commonplace remarks; the first proof of the critic’s ignorance, as of his incom- petence, is his hesitation about saying a single word of direct praise; it is easier to find fault. Anyone can pretend to pick holes; to praise a book for its style, its dialogue, its characters, is to pin yourself down. In order to go so far the critic must not only read the book, but he must know something of his trade. 244 ’ « Add to your ‘ Warnings,’” writes a corre- spondent, “this very necessary one, ‘ Do not sign any agreement or consent to any terms after lunch or dinner.’ When the champagne is flowing keep a head cool enough, at least, to refuse the discussion of business. And keep also one eye upon your host; if he lets his glass stand full while you are atways filling your own, put on the whole armour of suspicion’? This seems excel- lent advice. Is not the custom of taking a glass over a bargain, part of the old game of getting the better of the other man by making him drunk ? “ Will you walk into my parlour ?” said the spider to the fly. ‘Here is champagne—let us drink. Your glass stands full—pass the bottle—drink about. Another y Nonsense, man, it won’t hurt you. So—and another. What a good, what an excellent writer you are! Iam honoured only by your acquaintance! To publish your books is more than an honour; it is immortality. Here is the agreement—allow me to fill up—Ah!- success to your new book! We must drink that. Here is the agreement—and a pen; your name here, if you please. Thanks—thanks—one more glass? John, a cab for th's gentleman.” One may be mistaken, but there seem to me signs of an approaching change in the treatment of love by women in fiction. It is not going to be of less importance to life than men have made it; on the contrary, it will be of greater import- ance. But it will be treated more realistically from the womau’s point of view, which is a com- paratively new thing, a sign of independence. This change is illustrated by a story in Olive Schreiner’s little bundle of three. It is the last of the three, and is called “The Policy in Favour of Protection .’ The author makes one of her characters speak of love and when it means marriage. She says— Have you thought of what love is between a man and a woman when it means marriage? That long, long life together, day after day, stripped of all romance and distance, living face to face: seeing each other as a man sees his own soul? Do you realise that the end of marriage is to make the man and woman stronger than they were ; and that if you cannot, when you are an old man and woman and sit by the fire, say, ‘ Life has been a braver and a freer thing for us, because we passed it hand in hand, than if we had passed through it alone,’ it has failed? Do you care for him enough to live for him, not to-morrow, but when he is an old, faded man, and you an old, faded woman? Can you forgive him his sins and his weaknesses, when they hurt you most? If he were to lie a querulous invalid for twenty years, would you be able to fold him in your arms all that time, and comfort him, as a mother comforts her little child? ~ This is essentially the woman’s view. The man cares nothing and thinks nothing except of the woman whom he loves. All novels have hitherto ended THE AUTHOR. in the man obtaining his desire. The wedding bells rmg. Thetaleis ended. And afterwards The woman thinks of that, you see. For her the story is only beginning. Again—another glimpse of womanhood : The mother heart had not swelled in me yet; I did not know all men were my children, as the large woman knows when her heart is grown. “ T’homme qui fait des souliers est stir de son salaire: homme qui fait un livre n’est jamais stir de rien.” The above comes from Marmontel. It is sent to me asa contribution to the subject of the author’s position. The same kind of thing has been said over and over again. And it seems to me foolishness. And since a good many of my readers have literary aspirations, I will show them why they must not adopt such an illustration of the literary profession. The author who wants to sell a book may be exactly like the shoemaker who wants to sella shoe. ‘hat is to say, if the shoemaker is engaged to make a shoe he always gets paid ; if an author is engaged, he gets pad too. If the artist in leather is not engaged for the job, but simply offers his shoe as a work of art to the public, he is just like the author who offers a book which the public have not asked for. If he is a popular author, the public do, in a sense, invite him or engage him. The profound Marmontel, like so many other people, confuses the literary and the commercial value of a book. The author who does good work and gets it pub- lished is quite sure, sooner or later, of getting recognition for his genius, his scholarship, his powers. But he is not quite sure, until he becomes popular, of getting dollars to any extent that will recompense him for his labours, as other kinds of work are recompensed. That is one reason why we should dissuade everybody from relying on literature as a profession. It can be followed very well with other and more lucrative work. One who does so follow it—as supplemen- tary to the bread winning—may lead the happiest lite in the world, because the attempt to make literature is the happiest kind of work that there is in the world. Watter BxEsant. aa FEUILLETON. I.—Tue Lrapren Puivm. T was, to look at, a lovely plam, ripe, covered with a delicate bloom, delicately coloured, sweetly rounded ; it was such a plum as one would choose out of the whole heap; it looked as if it had been gathered that very day from a southern wall, built by ancient men of good red brick, warmed through and through by three  THE AUTHOR. hundred summer suns—a wall well known to wasp and humble bee ; and it lay upon the mantelshelf in Alf Kerb’s room. And when he had finished the simple toilette with which he prepared for the day’s labours, he put that plum in his pocket, lit his pipe, assumed his hat, and sallied forth. There was no one in the coster trade who could surpass Alf Kerb, whether as a salesman or as one who always guessed, by singular prescience, that delicate and uncertain thing—what the public want. He was proud of his cart, and proud of his trade. He did himself well, and he did his girl well. In the matter of honesty especially he prided himself. Some costers give short weight. Not Alf. His scales were open to the inspector at any time. And as for value— of course, one only had to taste ’em and try ’em before you buy ’em. “It’s plums to-day,” said Alf; and he dropped that lovely plum from the mantelshelf into his pocket—one would think, to the total destruction of its delicate bloom. There was certainly no more honest coster in the whole town. Alf always said so himself. Religious, too. He had several times been seen at evening service before the costers’ supper. _ In his early manhood he was one of those who subscribed towards the famous Presentation Donkey, the testimonial of the trade to Lord Shaftesbury. And at a friendly lead, or in case of any trouble connected with the coppers and the beak, no one was readier than Alf Kerb. He had every reason, therefore, to be satisfied with himself, and he sallied forth that morning, his long coat tails flying all abroad, a little red feather in his hat, a scarlet tie-handkerchief round his neck, and his pipe in his mouth, the envy of his less successful rivals, the object of deepest admiration to the ladies of the model dwelling houses where he lived. But he was un- moved by envy as by admiration, He would have wished, such was the nobility of his nature, that a success equal to his own might be achieved by all who followed the fortunes of the coster’s cart. And, as regards the latter, his heart was true to his own gal. Other maidens might sigh, but they had no chance. The top of the profession. lay that lovely plum. “It’s plums to-day,” said Alf. A beautiful day in early September. The strong and swift tide of human life swept and surged, high tide at nine in the morning, low tide at noon, high tide again at five, round the asphalted road opposite Broad-street Station and Broad- street, where the costers ever crawl, and the news- paper men continually do bawl. Among the carts was that of Alf Kerb himself. It was VOL. Iv. And in his pocket 245 moving at a snail’s pace—no one could “ move on” with less alacrity than Alf, and he was inviting the passers-by to taste ’em and try ’em—taste ’em and try ’em, before you buy ’em. The cart was piled up with plums, rapidly diminishing in bulk, and tickets in blue and gold proclaimed the amazing nature of the “value” and the wonder- ful lowness of the price. A customer—another— a third. The eyes of the policeman at the corner watched the plum merchant as he rapidly weighed out his fruit by the pound—by the two pound— by the three pound. Presently, from a look of curiosity the policeman’s eyes changed to a look of the deepest interest. For he remarked a very singular thing. The coster, with every purchase, pulled a plum out of his left-hand pocket, placed it in the scale among the other plums, took it out, and dropped it in his pocket again before he poured the plums of that purchase into the paper bag. The policeman drew nearer; he watched more intently; had any of the people rushing past observed him they might have warned Alf Kerb that he was under surveillance. But the un- happy young man noticed not. He was driving a brisk trade, and the plum went backwards and forwards continualiy. Then a hand was laid upon his shoulder. * What have you got in your pocket ?”’ asked the policeman. * Nothink,” Alf replied, in the language of his profession. “Let me see that plum in your pocket.” “TL ain’t got no plum.” “You come along o’ me,” said the official. ‘“ Bring yer barrer.”’ Worship-street is not far off. Before the luck- less merchant could realise what had happened, his cart was in charge of the police, and he himself was waiting his turn. The evidence against him stated that he had seen the man take a plum out of his pocket, lay it in the scale, and put it back in his pocket with every purchase, so that the customer was defrauded to the extent of the weight of that plum, which was, in fact, constructed of lead, and artfully painted so as to appear only a simple natural plum. He also informed his worship that this false plum weighed 73oz. so that the customer who bought a pound of plums only obtained 850z., which was a fraud to the extent of nearly 50 per cent. Asked what he had to say, Alfred Kerb declared, with tears in his eyes, that everybody always did it; that a man must live; that his expenses of rent, barrow, stock, and scales, living, and keeping company with his girl, rendered it absolutely necessary for him to practice secret x  248 Mozely gave us a record of clerical life, as well academic as parochial, and the profession of letters is not unfairly represented by the similar works of the two ‘Trollopes, To us, Mill’s Autobiography seems to be as in- comparably — the English classic of the former kind, as Pepys’ Diary is generally acknowledged to be of the latter. The author of the memorial verses in Punch (whoever he may have been) wrote of Mill: “ This rebel craved one loved and loving rule,’ which seems to sum up the whole matter, showing us why his doctrines— being rebellious—are often severely handled, while his autobiography is always treated with respect and reverence. But it is rather with the works which aspire to be classed with Pepys’ Diary that we have to deal with here, bemg the more frequent. A recent writer says somewhere that when he writes a work of travel he will tell what people said, rather than what he saw and what they did; which remark led us to reflect that, of all literary tasks, to record talk and conversation must be one of the most difficult—if we would be faithful. It is to this art that “ Boswell’s Johnson ” owes its charm, but then that work, though it might fairly be called a volume of reminiscences, is not autobio- graphical. We have one book in which an excess of conversation is recorded, but in such a way that the author made himself conspicuous as the typical example of a parasite and a political hanger-on, and that book is the “ Diary of George Bubb Dodington, Baron of Melcombe-Regis.” It is often said that it is a great point in literature so to open the discourse as to excite interest in the main rather than in any minor motif of the work. In his “Life of Balzac,” Mr. Wedmore says : “The very first sentence of the Curé de Tours is a proof how well the craftsman knew his craft. ‘In the beginning of the year 1826 the principal person in this history—the Abbé Birroteau—on his way home from the house at which he had been spending the evening, was surprised by a shower.’ The sentence strikes the keynote ; it is never lost sight of—the abbé and his small dis- comforts are in our mind to the end.” On this principle the opening sentence of Dodington’s Diary ought to excite our very greatest sympathy. “ The Diary. 1749.—In the beginning of the year I was grievously affected with the first fit of the gout, which with a fall that strained one leg and wounded the other, confined me to my chamber near three months.” With our compassion thus aroused, let us con- sider some of his conversations as he records them. We may note it as curious that Dodington, like Pepys, held a post in the Admiralty, but at a time when the quarrels of the king and the THE AUTHOR. prince made them tout to the courtiers for their support quite as often as the courtiers ever begged for place at the royal hands. The prince desired to secure the services of Dodington, and the interview is thus described :— Juxy 18.—After dinner, he took me into a private room, and of himself began to say, that he thought I might as well be called treasurer of the chambers as any other name; that the Earl of Scarborough, his treasurer, might take it ill if I stood upon the establishment with higher appointments than he did; that his royal highness’s destination was, that I should have £2000 per annum. That he thought it best to put me upon the establishment at the highest salary only, and that he would pay me the rest himself. I humbly desired that I might stand upon the establishment without any salary, and that I would take what he now designed for me when he should be king, but nothing before. He said that it became me to make him that offer, but it did not become him to accept it, consistent with his reputation, and there- fore it must be in present. He then immediately added, that we must settle what was to happen in reversion, and said that he thought a peerage with the management of the House of Lords, and the seals of Secretary of State for the southern province, would be a proper station for me, if I approved of it. Perceiving me to be under much confusion at this unexpected offer, and at a loss how to express myself, he stopped me, and then said, “I now promise you on the word and honour of a prince that, as soon as I come to the crown, I will give you a peerage and the seals of the southern province.’ Upon my endeavouring to thank him, he repeated the same words, and added (putting back his chair), ‘and I give you leave to kiss my hand upon it now by way of acceptance ; ” which I did accordingly. If this interview really took place, and the offer was really made, we do not see how Dodington could have described it better. Let us take a conversation four years later which Dodington had with the princess. She [the princess] thought they [the ministry] had very few friends, and wondered at their not getting more, and that it was their cowardice only which hindered them ; that if they talked of the king she was out of patience; it was as if they should tell her, that her little Harry below would not do what was proper for him; that just so, the king would sputter and make a bustle, but when they told him that it must be done, from the necessity of his service, he must do it, as little Harry must when she came down. I replied, I was sincerely sorry, not for the present, but that I apprehended this want of real, attached, and declared friends might produce ugly consequences and contests in case of a demise. . . That for the ministers she had never seen them in her life. Madame, says I, your royal highness will forgive me, but if I had not catched myself I was just going to say, lord, madam! what do you mean?—I mean, answered she, just as I say; the only way I could see them in the prince’s time I don’t call seeing them; and since that time, I have never seen the Duke of Newcastle what I should call more than once, but as I am speaking to you with great exact- ness, it was twice; and I have not seen Mr. Pelham at all, no—not once. These and similar conversations are found between records of matters of fact, some of great moment, such as (1751)— Dec. 12.—This day died Lord Bolingbroke ;  THE AUTHOR. and others of trivial such as R754) I went to the House to vote for the liberty to import champagne in bottles. Lord Hillsborough moved it; Mr. Fox seconded it. We lost the question—ayes, 74; noes, 14]. We have afterwards conversations at one time with Mr. Fox, and at another with Mr. Pitt, in which, even if their opinions are misrepre- sented, they are made to talk very sensibly. When we remember that Dodington considered himself a patriot—and dedicated his book to such—we ought surely to consider that some of the evil attached to his name is due to the fact that it is impossible to record the sayings and doings of men in high places without seeming to put oneself and one’s own concerns more in the foreground than is proper. So that Doding- ton’s Diary is as much a warning to the would- be diarist as Pepy is an example. When we pass from our own literature to other times and other tongues, two classics confront us, the “ Confessions of Augustine ” and the “ Confes- sions of Rousseau.” They are held to be the only writers who have ever been able to lay bare their inmost selves to the delight or disgust of their readers. Some think that Augustine’s life as he records it has quite a modern aspect, if we make due allowance for the difference in manners of different ages. The clever youth who passes with success through the educational course of his time, and afterwards leads a somewhat idle and perhaps a somewhat godless life, becomes con- verted, he takes orders, and eventually becomes a bishop. If that were the whole story there must be many such men in every Christian com- munion. But it is not the whole story, for if we correct our estimate of the “ Confessions” by, e.g., the Oxford translation of Fleury, which deals with Augustine, his other writings, and his epis- copate, it is clear how the spirit of intolerance was the main spirit, the life and soul of Christendom. No person of authority m any communion, Puritan, Anglican, Roman, or Greek, would be allowed to-day to disturb the peace for the sake of teaching theology. We are to remember also that Augustine speaks of himself as a professor of rhetoric, and there is certainly a rhetorical insincerity about his “ Con- fessions’”? which make us value it far less than “‘ Pilgrim’s Progress”’ as a record of that strange mental attitude and its consequences which the religious call “conversion.” It must also be admitted that the atmosphere of such literature is an artificial one. With Rousseau, however, matters are quite different, he never steps much out of the world with its ordinary human passions ; but we cannot find ourselves able to sympathise importance, 249 with those who speak of Rousseau as selfish and vain. We think him of all men the most to be pitied. Too little attention has been paid to one or two facts he has recorded, because they are not of nature to be discussed, except perhaps by the surgeon and pathologist. It is sufficient to say that he tells us he had been an invalid and a sufferer from childhood. If we place this fact beside his susceptibility to feminine influence, it is not surprising that he should have been morbidly sensitive lest his malady should be dis- covered. The last translation of Rousseau’s “ Confessions” we have seen is that in the “Masterpieces of Foreign Literature” (Stott), and, though a very useful edition, it is as well to remember that George Eliott said it would be worth while learning French to read the original. Je WS: [We were in error last month in saying that Mr. Saintsbury’s prefatory essay to the “ Pen- tameron” was not published for the first time. ] set THE LOWELL MEMORIAL IN WEST- MINSTER ABBEY. N R. LESLIE STEPHEN, on Nov. 28, NN unveiled the memorial which has been placed in honour of the late James Russell Lowell at the entrance to the Chapter-house, Westminster Abbey. The memorial includes a window and a bust underneath, which is said to be an admirable likeness of the late American Minister. The window has been erected by Messrs. Clayton and Bell, and consists of three lights. In the centre is the figure of Sir Launfal, from Lowell’s poem of that name, below is an angel with the Holy Grail, and in the lowest compartment the incident of Sir Launfal and the leper is repre- sented. The right light has the figure of St. Botolph, the patron saint of the church at Boston, Lincolnshire, from which the Massachusetts city, Lowell’s birthplace, derived the name; below is the landing of the Pilgrim Fathers. The light on the left contains the figure of St. Ambrose, one of the reputed authors of the Te Deum Laudamus; below is a group representing the emancipation of slaves. In trefoils above the side-lights are shields bearing the arms of the United States and the United Kingdom. Mr. Leslie Stephen said that he was under- taking a task which had been imposed upon him very much against his will. He had hoped that the address in commemoration of Lowell would have been delivered by Mr. Arthur Balfour, who had unfortunately fallen a victim to the fiend influenza. As he had the honour of being chair-  252 to fill it sufficiently taxes our powers. But when we were eighteen it was otherwise. We then stood on the threshold of the world, and were most anxious to take up a great deal of room in it. We were desperately afraid of lead- ing a dull life. We longed for a career. We wanted something to do that seemed worth doing, and that others thought worth doing, for at that age we attached immense importance to the opinion of those around us. It was this phase Thackeray realised when he made Ethel plunge headlong into the social com- petition she despised, because she could see no other channel for her energy and ambition, and I should like to claim for him that, if he failed to compre- hend women, at least he understood girls. Jussie M. Barrer. — — exc. AMERICAN WOMEN AS JOURNALISTS. N England women journalists are something of an experiment. In the United States they are a firmly established institution. There no newspaper worthy of the name is with- out one woman special at least, while the majority of the large dailies employ all the way from three to fifteen on the staff. In London only occasion- ally do we hear of a special woman commissioner. I attribute this fact not so much to the prejudices of the newspaper proprietors and editors as to the difference between the English and the American woman. The English girl is brought up in the belief that ‘ A woman’s noblest station is retreat,” while the American girl, from her earliest childhood, has instilled into her mind the principles of independence, and she begins early to ponder on the subject of how to earn her own living. An English woman, although she may write just as well as her American cousin, con- siders it more womanly to confine her talents to the making of poetry and sending contributions to the various weekly and monthly periodicals, than to go into an office and do general newspaper work. Not so with the American. She has a longing to be in the world of men, to become part and parcel of the great bustle of our large cities. She goes to an editor and says, “I want to bea reporter. I can write well, and I’m not afraid of work. Have you any room forme?” Then she is asked to go out and write up the opening of a fashionable millinery establishment, bring in an account of the next fire that occurs in her neigh- bourhood, or to furnish an original idea that will make the paper go. If she proves herself capable in any of these lines, she will probably go to work at space rates, taking assignments from the city editor, doing her work always under the super- THE AUTHOR. vision of his blue pencil. Then if she is discovered to possess the requisite talent, nerve, and what is known in journalistic circles as “ getthereative- ness,” she is given a place as a regular salaried member of the staff and left to work her way from the bottom rung of the ladder to the top. To be a success as an American journalist, it is not necessary to be an eloquent or deep writer; but brightness, originality, and perfect fearless- ness are essential qualities. The woman journalist knows from the start that she must make her copy “snappish”’ and entertaining, and her great ambition always is to get a “ scoop” on the other city papers. About a year ago Miss Blank, a young woman employed on a Chicago paper, dis- covered that the society writer on another daily had got hold of some important news in relation to a fashionable divorce case, an account of which was to be published the next morning. It was late in the afternoon, and Miss Blank could think of no legitimate means of obtaining the desired information, but she went somewhat on the prin- ciple that ‘“All’s fair in love and war and journalism.” She disguised herself, and, mas- querading as a book agent, made a tour of the . composing-room of the opposition paper, and while petitioning the foreman and the proof reader to look over her wares, she ran her eye along the corrected proofs of the divorce scandal, made a mental note of certain important items, returned to her own office and fixed up her copy. In the morning her rival did not make its expected “scoop.” But let it not be supposed that American women journalists are cold - hearted and unprincipled. The girl who accomplished the above feat is one of the most indefatiguable workers among the poor and outcast women in Chicago. In all our large cities many a criminal has been run down and brought to justice by women reporters, and hundreds of hungry children are fed and clothed through the same agency. Thus these women are enabled to do much good while they are making notes for startling newspaper revelations, and it will be seen that sensational journalism has its good as well as its bad points. A really successful woman journalist does a man’s work and receives a man’s pay. If employed on a morning paper she rarely leaves the editorial office before two o’clock in the morn- ing, and sometimes later, for she generally revises her own proofs and writes her own headlines. She must be ever ready with ideas, and when asked to write on a certain subject, she seldom says “I can’t.” Ishall never forget an incident that happened to me when I first started out in my journalistic career. I had been employed about a year as reporter on a prominent western paper,  THE AUTHOR. and was the only woman on the staff. One Sun- day morning, about two o'clock, I was putting on my wraps preparatory to leaving the office, when the managing editor rushed over to me, and said, “ There’s half a column editorial space. I wish you would write me an editorial on ‘ Are Women Natural Liars ?’ taking the affirmative side.” I had no time to argue the pros and cons of the question with him. It was, ‘‘ Mine not to reason why.” At 2.301 knew all the editorial page must be set up, and I had only half an hour, so I wrote the article, giving many reasons that might go to prove that my own sex were natural hars, and handed it to the editur, who read it and sent it upstairs. “You used very convincing argu- ments to prove the point, didn’t your” he said, with a suspicion of a twinkle in his eye. ‘ Yes,” I answered. “And did you believe what you wrote?” “No, certainly not,” I retorted. “I can give better points on the negative side.” “Well,” said he, laughing, “I should say that the fact of your writing that editorial would go to prove that you were right in taking the affirma- tive side.” But I had myreward. The next day my salary was increased, and I was sent off with a commission to write up the evil doings of the State Legislature, then in session, and from that time I ranked third on the staff of the paper. In the United States, journalism is one profes- sion in which women are as well paid as men, and very high salaries are received by competent workers. In some offices a number of the women reporters do not write at all. They are employed as detectives, putting themselves in the most perilous surroundings in order to obtain their notes, which are daily sent to the newspaper, and written up in proper shape by a less daring, but perhaps more eloquent person. There is always a spirit of gallantry among the male members of a staff where a woman is em- ployed, and though there is a general good cama- raderie existing between her and the men, it is never forgotten that she is a woman and entitled to certain courtesies. Very often she finds her desk brightened up with flowers, the gift of various members of the staff, and a cab is always at her service when she is doing night work and obliged to go home late. She has a notable influence on the moral atmo- sphere of the office, and although on summer days and nights many of the men do their work in shirt sleeves, which she always excuses, there is never any profanity made use of in her presence. The proprietor of a certain southern newspaper, who had always held to the old-fashioned notion that a newspaper office was no fit place for a woman, was, about two years ago, induced to take a woman on the staff on the plea that the men 253 would show better behaviour. Two months afterwards he declared he should always have a woman about the place, as his managing editor had not been drunk once since the young woman entered his employ. The majority of American women journalists are young women, not by any means of the crank or dress reform order, but graceful, stylish-looking girls, who from choice or necessity go out into the world to make their way. In age they range from twenty to thirty, very few women older than that being employed. In the majority of cases, if they do not marry before that time, they give up active reportorial work and devote their talents to amore solid kind of literature. When they do marry, it is generally in their own profession, and they go on with journalistic work in conjunction with their husbands. The number of women journalists in the United States is steadily increasing, and there are many American editors who insist that the best, cleverest, and most thorough work on our news- papers is done by women. EuizasetH L. Banks. —— oi ont ————___—— THE SOCIETY OF AUTHORS AND COPY- RIGHT QUESTIONS.* By S. S. Spriaax, late Secretary to the Committee of Management, and W. Ourver Hopes, late Hon. Secretary to the Copyright Sub-committee. HE English Society of Authors, though always, it is hoped, in sympathy with abstract principles of justice, has been so busy with the practical evils besetting the calling of letters, that it has had but little time to spare from the ills that are, for the consideration of the good that might be. True Copyright—Should it be World-wide and ’ Time-long ? That true copyright should be world-wide and time-long is just one of those propositions that we have never tried to find much time to con- sider, for, whatever it should be, it never will be either. All those who are in the habit of talking or writing concerning literary property from the standpoint of persons desiring to safeguard it, fall into the habit of comparing it as much as possible with other forms of property, because they find by experience that it is easy to get an * This paper was read before the Congress in Literature at Chicago in July, 1893. The cross-headings in italics are the subjects upon which the organizers of the Congress desired the representatives of the Society of Authors to inform them. ¥.  254 audience to appreciate the sanctity of the owner’s right in—say—houses, stocks, shares, &c., and so, by transition, easy to demonstrate the sanctity of the rights of an author in his brain-work, while it is very difficult to convince even an author of this sanctity by merely alluding to copyright questions. But this does not, or should not, blind the most enthusiastic champion of the writer's rights to the fact that there are differences— practical and sentimental—between a house and a book, between a mine and a poem, between a ground-rent and a copyright. That True Copyright should be World-wide. To put this thesis in other words is to propose that the author should have the sole right to permit multiplication of copies of his work in other lands, and in other languages. In this way it sounds so reasonable that it might be thought impossible to suggest anything against it. And there is nothing serious to say. The author may not know what is best for himself with regard to translation, and if his work is produced in a tongue of which he is ignorant, he will certainly be in this plight. And he may be ignorant of what constitutes his best chance of favourable reception in a foreign land, even though he is sufficiently master of the foreign tongue to see for himself that his work is adequately rendered. But this is nothing. The literary property is the author’s, and he has the right, among other rights, to mismanage it if he likes. But a word must be said about translation, and the position of the adequate or artistic translator. While we thoroughly recognise the right of the author in his property to extend over all the world, it must not be forgotten that the intermediate assistance of the translator is often brain-work of the highest sort, and that the translator’s right in that property is as sacred as the author’s right in the original work. The position of the trans- lator is one that must be arranged between him- self and the author, a point which was carefully provided for by the terms of the Berne Conven- tion. (Selected Artieles of the Berne Convention, I, 2, and 11.) That True Copyright should be Time-long. That true copyright should be time-long is equally a beautiful proposition, but is much more open to objections. In a developing scheme of things a finite vested right must always lead to abuse. Ground-rents, to which copyright is very aptly comparable in many ways, have led to gross abuse in more than one country, and it wants no imagination to see that, for the protection of the author’s own reputation as much as for the pro- tection of the public, it is right that a time should be fixed at which the work should pass from the THE AUTHOR. private hands of the possessor to the public care of the community. Two examples will illustrate the truth of this, and will serve as well as fuller illustration. First, suppose that the copyright of Shakespeare’s works in these days were in the possession of a very hard business man. He might corner the market in Shakespeare to the serious detriment of the public, and, perhaps, to the impairment of the poet’s reputation, he might depress the circulation. Or, again, a prudish owner might consider it his duty to omit certain passages, or even certain poems, and the result might be the mutilation or suppression of a masterpiece. These considerations make the question of time-long copyright a difficult one, We should like to say that, inasmuch as a man’s brain work is his own property, he ought to be able to be- queath it to his heirs for their good, and to secure it to them as tightly as he could desire ; and it is clear that this is the only logical opinion that can be held on the matter. If we assume that the existing law in all countries with regard to pro- perty—real or personal—is right, then an author should be given copyright in perpetuity. Weare aware that the arguments for allowing the public to enter into public possession of private property, if logically applied to other sorts of property, would land us in pronounced communism. Yet, from motives of expediency, we are not prepared to uphold the proposition that true copyright should be time-long, but inclined to think that its duration should have a limit for the protec- tion of the author’s fame; though that limit should be a very long one for the protection of his purse. That is to say, that, although it is convenient to describe literary property as exactly analogous to other property, it is for the good of the private proprietor as much as to the advantage of the public to allow an illogical dis- tinction to exist with regard to its ownership. It may be mentioned that this view of the matter was very practically taken in the first Copyright Act of England (The Act of Anne, 8 Anne, c. 19). For that Act was granted as much for the protec- tion of the public as of the author, and designed to protect the public’s interests in good books from the very abuses that we have suggested might occur if the time-long copyright, which sounds so fittmg in sentiment, were to be put into practice. For, as far as authors are con- cerned, it is doubtful whether that Act was an unmixed blessing. It conferred upon them a qualified right, whereas they already possessed in all probability an unqualified right, and, by recog- nising for them the smaller, it lost for them the greater position. But the preamble to the Act points out that copyright was granted to authors as much for the good of the public as of  THK AUTHOR. the author, as it was seen that unless “learned men” receive ‘‘encouragement to compose and write useful books,’ they, probably, would not trouble to do so. How very sensible is this utilitarian view by comparison with the sentiment that an author should be hysterically willmg to take out his reward in glory! The danger that the market might be cornered, to the public detriment. was also foreseen, and power granted to the Archbishop of Canterbury to regulate the price of books. This provision is, m Mr. Lely’s opinion,‘ the origin of the existing enactments, by which the Judicial Committee of the Privy Council may, after the death of an author, licence the republication of books which the proprietor of the copyright refuses to re- publish. Some such arrangement as this might be designed, in the case of time-long copyright, to get over the difficulties arising from an abuse of property by the copyright owner; but such a body as the Judicial Committee of the Privy Council could never be an easy one to approach or move, aud it is difficult to believe that an abuse that could only be rectified by appeal to such a tribunal would not soon spring up and flourish. Another proposition has been made, which also invokes the aid of the Privy Council, and also is something in the nature of a compro- mise, being designed to benefit the private owner while protecting the public interest. It has been suggested that the author, or rather his heirs or assignees, should be placed in the existing posi- tion of a patentee, who is able to go to the Privy Council at the expiration of his privileged period, and on proving that he hasas yet not been benefited - by his privilege, to obtain an extension of that period. But the idea isnot of any great practical value, because of the small number of authors who would ever benefit under such a scheme. Those who know anything of the book market know that it has hardly ever occurred (and can hardly ever be expected to occur) that books which have failed to be profitable wares during the legal team of copyright have become more valuable property after the expiration of the term. Words- worth, however, is one such case. A third sug- gestion has been made, borrowed evidently from the jubilee regulations of the Hebraic Law. Tt is that the copyright vf an author’s work, after being public property for some reasonable time, so that the community may reasonably enjoy it, should pass back to the owner, who had inherited it or purchased the reversion. The practical difficulties in the fulfilment of any such scheme can be seen at a glance to be enormous. The objections to a time-long copyright are 1 Copyright Law Reform. By J. M. Lely, Barrister-at. Law. Office of the Incorporated Society of Authors. 259 very valid, but to a world-wide copyright there are none. To pass to the next suggested theme :— * Domestic Copyright: what changes in present laws are desirable from the author’s standpoint ? The first Copyright Act was the Act of Anne (8 Anne, ¢. 19), passed in 1709, which applied to “books and writings”’ alone, and gave to authors of books then existing a copyright for twenty- one years, and to authors of books to be in future published fourteen years from publication. During the next 110 years this was supplemented by the following eleven Acts :— In 1735.8 Geo. 2, c. 13, giving copyright in engravings. In 1739, 12 Geo. 2, ¢. 36, to prohibit the importation of British books reprinted abroad, and to repeal so much of the Act of Anne as empowered the limiting of the prices of books (repealed). In 1767, 7 Geo. 3, c. 38, to render the Act of 1735 more effectual. In 1777, 17 Geo. 3, ¢. 57, to render the Acts of 1735 and 1767 still more effectual. In 1798, 38 Geo. 3, ¢. 71, giving copyright in busts and new models (repealed). In 1801, 41 Geo. 3, ¢. 107, extending copyright in books for fourteen years more, if author still living at the end of the first fourteen years (repealed). In 1814, 54 Geo. 3, ¢. 56, giving copyright in every kind of sculpture. In 1814, 54 Geo. 3, c. 156, extending copyright in books to a term of twenty-eight years certain, and the residue of the life of the author (repealed). In 1833, 3 Will. 4, c. 15, giving author of play sole liberty of representation. (Bulwer Lytton’s Act.) In 1835,5 & 6 Will. 4, c. 65, to prevent the publication of lectures without consent. In 1838, 1 & 2 Vict. c¢. 59, the first Interna- tional Copyright Act (repealed.) In 1842 came the Act under which we at pre- sent lie (5 & 6 Vict. c. 45). The essentials, from the author’s point of view, were that the term of copyright was extended to forty- two years from publication, or till seven years from the death of the author, whichever shall be the longer, and that dramatic copy- right was also extended to musical composi- tions. During the next forty years this was supplemented by nine more Acts :— * The authors, of course, confined themselves to con- sideration of the domestic copyright of their own land, but the debate at Chicago chiefly raged round the domestic copy- right of the United States.  256 In 1844, 7 Vict. c. 12, the principal existing International Copyright Act. In 1847, 10 & 11 Vict. ¢. 95, the Foreign Re- prints Act, allowing the suspension by Order in Council, of the prohibition of importation of pirated books into the colonies. In 1852, 15 Vict. c. 12, an International Copy- right Act, allowing translation of political articles in foreign periodicals. In 1862, 25 & 26 Vict. c. 68, for the first time giving copyright in paintings, drawings, and photographs. In 1875, 38 Vict. c. 12, the Canada Copyright Act, and 38 & 39 Vict. ¢. 53, to allow the Royal assent to be given to the Canadian “ Copyright Act of 1875.” In 1876, the Customs Consolidation Act, 1876, 9 & 40 Vict. c. 36, s. 42, by which there is a prohibition of importation of, and a forfeiture and power of destruction of, “ Books wherein the copyright shall be first subsisting, first composed, or written or printed in the United Kingdom, and printed or reprinted in any other country, as to which the proprietor of such copyright or his agent shall have given to the Commissioners of Customs a notice in writing, duly declared, that such copyright subsists, such notice also stating when such copyright will expire.” In 1882, the Copyright in Musical Compositions Act, 45 & 46 Vict. c. 40, to protect the public from vexatious actions for unauthorised per- formances of musical compositions. In 1886, the International Copyright Act, 49 & 50 Vict. ¢, 33, to enable Her Majesty to accede to the Berne convention. In 1888, a second Copyright in Musical Com- positions Act, further to amend the law in the subject-matter of the Act of 1882. The result of all this legislation has been to render the copyright law of England complicated, inconclusive, incoherent, and disorderly, to a degree that is hardly credible. ‘“‘ The law,” said the Commissioners of 1878, “is wholly destitute of any sort of arrangement, incomplete, often obscure, and even when it is intelligible upon long study, it is in many parts so ill expressed that no one who does not give such study to it can expect to understand it.” ‘It cannot be said,” says Mr. Lely,? “that even the recent statutes dealing with copyright in musical com- positions show much improvement in form upon those which preceded them,” but he allows that the International Copyright Act of 1886 forms a bright exception. The Society of Authors, immediately upon its foundation, set to work to remedy this state of THE AUTHOR. from the author's standpoint 2 2 Op. cit. affairs, being reimforced in the belief in the necessity for remedial legislation by the know- ledge of the many hardships that authors have to- undergo in the present state of affairs, and by the sight of the descendants of more than one splendid literary creator in poor circumstances. A scrutiny of the names of those who have benefited by the pension list* bears out well the fact that literature has too often brought its votaries no solid reward, but those names not only do not represent the true state of affairs, but they absolutely misrepresent it. For the pensions have been granted, by Liberal and Conservative Governments alike, in a manner that is entirely at variance with the designed purpose of the fund, and the numbers who have properly obtained assistance from time to time because of their distinction in literature, science, and art, bear no proper numerical proportion to the numbers who have been pensioned for other reasons. Many of these latter had not only no claim whatever to assistance from this particular fund, but, as surviving relations of persons in the various Crown services, were actually entitled to pensions from other sources. This abuse is one to which the Society of Authors has invited the attention of responsible statesmen, and one it hopes to see righted ere long. Tf a list of un- successful applicants for a place on the Establish- ment, and a list of the persons who have at different times been helped by the Royal Literary Fund could be published, they would reveal a state of affairs that would make very clear to the most thoughtless how necessary in England a society for the protection of authors’ interests is and has been. So that the first task the Society of Authors set itself ‘was to procure the draught- ing of a Bill that should give to authors larger rights in and a securer hold upon their property. The Bill, whose memorandum and more essential clauses follow, was drafted by Mr. Underdown, Q.C., and laid by him before the Board of Trade in 1886 on behalf of the Society of Authors. ‘Afterwards it became necessary, in view of the passage of the International Copyright Bill of 1886, to revise it, and this was done in 1892, when it was placed in the hands of Lord Monkswell. Tt will be sufficient here to quote the chief amendments of the bill now in Lord Monkswell’s charge in the House of Lords, as they will sufficiently answer, with regard to the United Kingdom, the question suggested for conference, viz.: What changes in present laws are desirable 3 Literature and the Pension List.” By W. Morris: Colles, Barrister-at-Law. Office of the Incorporated Society of Authors. o  ae BY ne ee ke IO O Bale ae iG 383 ite 1 1G THE AUTHOR. LORD MONKSWELL’S BILL. MEMORANDUM. Scope of Bill—This Bill is intended to con- solidate and amend the law of copyright other than copyright in designs.’ Existing Law.—The existing law on the subject consists of no less than eighteen Acts of Parliament, besides common law principles, which are to be found only by searching the law reports. Owing to the manner in which the Acts have been drawn the law in many cases is hardly intelligible, and is full of arbitrary distinctions for which it is impossible to find a reason. [See paragraphs 9 to 13 of the Report of the Royal Commission on Copyright of 1878.] Instances of Defects of Existing Law.—For instance, the term of copyright in books is the life of the author and seven years, or forty-two years from publication, whichever period is the longer ; in lectures, when printed and published, the term is (probably) the life of the author, or twenty-eight years; in engravings twenty- eight years, and in sculpture fourteen years, with a possible further extension for another fourteen years, while the term of copyright in music and lectures, which have been publicly performed or delivered but not printed, is wholly uncertain. Again, the necessity for and effect of registration is entirely different with regard to (1) books, (2) paintings, (3) dramatic _ works. Arrangement of Bill—tIn consolidating these enactments (all of which it is proposed to repeal) it has been thought advisable to deal separately with the various subjects of copyright, viz.: (1) literature, (2) music and dramatic works, and (3) works of art, and to make the part of the Bill dealing with each of these as far as possible complete in itself. This will account for certain repetitions which might otherwise seem unneces- sary. Foundation of Amendments.—The alterations proposed to be made in the law are for the most part those suggested in the Report of the Royal Commission on Copyright of 1878, and embodied in a Bill introduced at the end of the Session of 1879 by Lord John Manners, Viscount Sandon, and the Attorney-General, on behalf of the then Government. References will be found in the margin of the present Bill both to the Report of the Commission and the Bill of 1879. * The law of copyright in designs is contained in Part III. of the Patents, Designs, and Trade Marks Act, 1883 (46 & 47 Vict. c. 57), repealing and re-enacting with amendments the Copyright of Designs Acts of 1842 of 1843, of 1850, of 1861, and of 1875, ao? Summary of Chief Amendments.—The most important of these alterations may be summarised as follows :— 1. A uniform term of copyright is introduced for all classes of work, consisting of the life of the author and thirty years after his death. The only exceptions are in the cases of engravings and photographs, and anony- mous and pseudonymous works for which, owing to the difficulty or impossibility of identifying the author, the term is to be thirty years only, with power for the author of an anonymous or pseudonymous work at any time during such thirty years to declare his true name and acquire the full term of copyright. [See Clause 15 (books), Clause 29 (music and drama), Clause 36 (works of fine art and photographs). | . The period after which the author of an article or essay in a collective work (other than an encyclopedia) is to be entitled to. the right of separate publication is reduced from twenty-eight years to three years. [ See Clause 15. | 3. The right to make an abridgment of a work is for the first time expressly recognised as part of the copyright, and an abridgment by a person other than the copyright owner is made an infringement of copyright. [See Clauses 5 and 21. | 4. The authors of works of fiction are given the exclusive right of dramatising the same as part of their copyright, and the converse right is conferred on authors of dramatic works. [See Clause 21, par. 2.] 5. The exhibition of photographs taken on commission, except with the consent of the person for whom they are taken, is rendered illegal.2 [See Clause 41. | 6. Registration is made compulsory for all classes of work in which copyright exists, except paintings and sculptures; that is to say, no proceedings for infringement or otherwise can be taken before registration, nor can any proceedings be taken after regis- tration in respect of anything done before the date of registration, except on payment of a penalty. [See Clause 90.] This penalty, it should be wentioned, was not recom- mended by the Royal Commission, but is introduced in order that an accidental omission to register may not entirely deprive the copyright owner of his remedies. Regis- tration of paintings and sculpture is made optional owing to their being so frequently bv ® At present it seems to be merely a matter of implied contract. See Pollard v. The Photographic Company (40 Ch. Div. 345). 260 and, unless they be published in print by the author, the exclusive right of re- delivering them in public: “ Publication” shall have the following mean- ings Tn the case of books, the first act of offering for sale, notifying, or exposing as ready for sale to the public any work or copy of a work, or the depositing or registering of any copy of a work in the manner pro- vided in this Act: In the case of a lecture, piece for recitation, address, or sermon which is printed, any act which constitutes publication in the case of a book, or, if such lecture, piece, address, or sermon be not published in a printed form, the first delivery in public: “Translation’’ shall include an abridgment or adaptation of a book in a language different from that in which it was previously pub- lished. 11.—(1) Every assignment of copyright or performing right other than an assignment by operation of law or testamentary disposition, shall be in writing, signed by the assignor or his agent, duly authorised in writing. (2) Noassignment of or other dealing with any subject of copyright or performing right (other than an assignment by operation of law or testa- mentary disposition) shall pass the copyright or performing right therein unless the intention to assign the same shall be expressly evidenced in writing, signed as aforesaid. 12. If the owner of the copyright or perform- ing right in any work shall give permission to another person to copy, imitate, perform, or otherwise repeat such work, such permission shall not, in the absence of an express agreement to the contrary, disentitle such owner from giving a similar or any other permission with respect to the same work, even though the first person to whom such permission was given has acquired copyright or performing right in his work. 15. Duration of Copyright in Literary Works. —Copyright in books, lectures, pieces for recita- tion, addresses, and sermons, shall endure for the following terms: (1) If the work is published in the lifetime and in the true name of the original copy- right owner, for the life of the original copy- right owner, and thirty years after the end of the year in which his death shall take place : (2) If the work is written or composed by two or more persons jointly, for the life of the longest liver, and thirty years after the end of the year in which his death shall take place: (3) In the case of posthumous works, for THE AUTHOR. thirty years from the end of the year in which the same shall have been first pub- lished : (4) In the case of an anonymous or pseudo- nymous work, for thirty years from the end of the year in which the same shall have been first published: Provided always that upon the original copyright owner thereof or his personal representative, during the continuance of the said term of thirty years, with the consent of the registered copyright owner, making a declaration of the true name of the ‘“ original copyright owner ”’ and the insertion thereof, in the form set forth in the Schedule Three of this Act in the Register, the copyright shall, subject to the provisions of this Act, be extended to the full term of copyright under this Act. 16. Copyright in Articles in Collective Works. —(1) In the case of any article. essay, or other work whatsoever, being the subject of copyright, first published in and forming part of a collective work, for the writing, composition, or making of which the original copyright owner shall have been paid or shall be entitled to be paid by the proprietor of the collective work, the copyright therein shall, subject as is hereinafter mentioned, and in the absence of any agreement to the con- trary, belong to such proprietor for the term of thirty years next after the end of the year in which such work shall have been first published : (2) Except in the case where such article, essay, or other work is first published in an encyclopedia, the original copyright owner thereof and his assigns shall, after the term of three years from the first publication thereof, have the exclusive right to publish the same in a form, and shall have copyright therein as a separate publication for the term provided by section fifteen of this Act, and notwithstanding anything hereinbefore contained, the proprietor of the collective work shall not, either during the said term of three years, nor afterwards during the continuance of copyright therein, be entitled to publish such article, essay, or other work, or any part thereof, in a separate form, without the consent in writing of the original copyright owner or his assigns. 19. Newspaper Copyright.— The copyright given by this Act in respect of newspapers 8 extend only to articles, paragraphs, communica- tions, and other parts which are compositions of a literary character, and not to any articles, para- graphs, communications, or other parts which are designed only for the publication of news, or to advertisements. 21. Infringements.—The following acts by any person other than the copyright owner, and with- THE AUTHOR. out his consent in writing, shall be deemed to be infringements of copyright, unless such acts shall be specially permitted by the terms of this or some other Act not hereby repealed : (1) In the case of books, printing or otherwise multiplying, or causing to be printed or other- wise multiplied, for distribution, sale, hire, or exportation copies, abridgements or trans- lations of any copyright book or any part thereof; exporting for sale or hire any such copies, abridgements, or translations, printed unlawfully in any part of the British domi- nions; importing any such copies, abridge- ments, or translations, whether printed unlawfully in any other part of the British dominions, or printed without the consent of the copyright owner in any foreign state; or knowing such copies to have been so printed or imported, distributing, selling, publishing, or exposing them for sale or hire, or causing or permitting them to be distributed, sold, published, or exposed for sale or hire: (2) In the case of a book which is a work of fiction, it shall also be an infringement of the copyright therein, if any person shall, without the consent of the owner of the copyright, take the dialogue, plot, or incidents related in the book, and use them for or convert them into or adapt them for a dramatic work, or, knowing such dramatic work to have been so made, shall permit or cause public perfor- mance of the same : (3) Inthe case of lectures, pieces for recita- tion, addresses, or sermons, whether before or after they are published in print by the owner of the copyright, the same acts as here- inbefore declared to be infringements in the case of books, and if they be not published in print by the owner of the copyright, re-delivering them or causing them to be re-delivered in public. 22, Extracts—Notwithstanding anything in this Act contained, the making of fair and moderate extracts from a book in which there is subsisting copyright, and the publications thereof in any otherwork, shall not be deemed to be infringement of copyright if the source from which the extracts have been taken is acknowledged. 23. Reporting Lectures—It shall not be deemed an infringement of copyright ina lecture, piece for recitation, address, or sermon, to report the same in a newspaper, unless the person delivering the same shall have previously given notice that he prohibits the same being reported. 24. New Editions.—For the purposes of this Act any second or subsequent edition of a book which is published with any additions or altera- 261 tions, whether in the letterpress or in the maps or illustrations belonging thereto, shall be deemed to be a new book. Copyright in Works of Fine Art and Photographs. 34. Definitions—In addition to the interpreta- tion given in Part I. of this Act the following expressions in this Part ITI. shall, unless the context otherwise requires, have the following meanings : “ Painting ’”’ shall mean and include a painting either in or with oil, distemper, water, or other vehicle, and drawing, either in crayons, charcoal, pastels, chalk, pencil, ink, or any other material, executed by hand and not by printing impression, or any mechanical or chemical process ; and “ painter” shall mean any person who executes a painting as above defined : “ Photograph” shall mean and include the photographic negative and any positives or copies made therefrom : “Publications” shall mean— In the case of engravings and photographs, the first act of offering for sale, or of delivering to a purchaser, or advertising, notifying, or exposing as ready for sale to the public or for delivery to a purchaser, any copy of a work, or delivering at the registration office established under this Act a written request for the registration of such work as herein- after provided ; and the verb “ to publish, ’ in all its moods and tenses, shall have a meaning corresponding with that of the publication. “Replica” shall mean a repetition of a paint- ing executed by the painter thereof, or caused by him to be executed in the same material, and of, or so nearly of, the same size as to render doubtful the identity of the original work : “Work of fine art” shall mean and include a painting, sculpture, and engraving as defined in this Act. 35. Artist to have Copyright in his Work, and in the Design if Original.—(1) Every person, being a British subject, or domiciled in some part of the British dominions, who from or according to his own original design shall execute, or cause to be executed, any work of fine art, shall have copyright therein, that is to say, the sole right ot copying, reproducing, repeating, and multiplying copies of that work, and of the design thereof, of any size, and either in the same material or by the same kind of art in which such work shall have been first executed, or in any other form or material or by any other kind of art, and the word “ copyright,” when used in relation to works 262 of fine art executed under the conditions in this first sub-section set forth, shall mean such right as aforesaid. (2.) Not in the Design if not Original.— Every such person who, from the design of another, shall, without infringing any copyright, lawfully execute any work of fine art, shall (except when employed to execute the same by the author of that design, and in the case of an engraving except further when employed to execute the same by any other than such author) have copyright therein, that is to say, the sole right of copying, reproducing, and multiplying copies of the same work, but not, save as expressed in that work, the design thereof, and the word “ copyright,” when used in relation to works of fine art executed under the condition in this second sub-section set forth, shall mean such right as aforesaid. (3.) In the case hereinbefore excepted of an engraving executed by some person employed for that purpose by another, the copyright shall belong to the employer if a British subject or domiciled as aforesaid at the time when such engraving shall be published, although not the author of the design. (4.) Nothing herein contained shall have the effect of giving any person copyright in a copy or repetition of a painting by a painting, of sculp- ture by sculpture, or of an engraving by an engraving, except in the case of a copy or imita- tion by a painting in black and white or mono- chrome of a painting in polychrome. (5.) This section shall apply to works of fine art executed either before or after the passing or commencement of this Act; Provided as to works executed before the passing or before the com- mencement of the Act, that the same, if paintings or sculpture, have not been sold, and, if engravings, have not been published, before the commencement of the Act. 36. Duration of Copyright.—The copyright hereinbefore given shall, in the case of paintings and sculpture, endure for the life of the person to whom the same is so given, and thirty years next after his death; and in the case of engravings not published in or forming part of a book, for the term of thirty years next after the end of the year in which they shall be published. 37. Painter of Portrait on Commission not to repeat it.—If the subject of or the principal object in any painting executéd on the order of any person for valuable consideration be the likeness of that person or of any person whose likeness was stipulated in the agreement for the painting, the painter or other owner of the copyright shall not by virtue of his copyright be entitled, with- THE AUTHOR. out the consent in writing of the owner for the time being of the painting, to repeat, copy, or reproduce the said likeness in any way or by any kind of art. 38. Replica not to be made without leave of Owner of Original—Whenever any painting shall have been sold, and the copyright therein shall remain the property of the painter, he shall not, without the consent in writing of the pur- chaser or other owner of the painting, be entitled by virtue of the copyright to make or cause to be made a replica of such painting, and if, before selling the painting, the painter shall have made or caused to be made a replica of it, and shall afterwards sell the one, he shall not, without the consent of the purchaser, or owner of that one, be entitled to sell, exhibit, or part with the property in the other. 41. Photographs taken on Commission not to be Sold or Exhibited—(1) Whenever after the commencement of this Act any protographic likeness of any person is taken on commission, neither the photographer, nor any other person, whether he owns the copyright therein or not, shall, without the consent in writing of the person for whom the work was executed, sell, offer for sale, or exhibit in public in any shop window or otherwise any copy of such likeness. (2.) If such photographer or other person shall sell, offer for sale, or exhibit any copy of such likeness in manner aforesaid, every copy of such likeness in his possession shall be forfeited and delivered up to the person for whom the work was executed. Copyright in the British Colonial and other Possessions. 51. Saving for Colonial Legislative Powers. —Nothing in this Act is intended or shall be construed in such manner as to lessen or to dero- gate from any power at present possessed by the legislative authorities in any British possession to legislate with respect to copyright in that possession, nor in such a manner as to deprive any person in a British possession of any copy- right or performing right he may be entitled to or may hereafter acquire in such possession under any law now in force or hereafter to be made in such possession, or to interfere with or lessen such right. Penalties and Procedure. 87. Damages.—(1.) If any person shall infringe copyright or performing right, the owner thereof may, in addition to any other remedy, maintain an action or other proceeding allowed by the law of the place where the wrong has been committed ro damages and for an injunction, or either of them.  THE AUTHOR. (2.) All actions or other proceedings for any such infringement shall be commenced within twelve calendar months next after the same is committed, or else the same shall not be main- tainable. go. No Action, $c., before Registration.—(1.) No action, prosecution, or summary or other legal proceeding shall be maintained or maintainable m respect of any infringement of copyright or performing right under this Act, except as is hereinbefore provided as to foreign works, and except it be for infrmgement of copyright in a painting or work of sculpture, until the work has been registered at the Copyright Registration Office established under this Act, or at a registra- tration office in some British possession, and no such action, prosecution, or summary or other legal proceeding shall after registration be maintained or maintainable in respect of any infringement committed before the date of regis- tration of the work, unless or until in any such proceeding a penalty of ten pounds, or such less sum as the court may direct, shall have been paid. (2.) If any copies, repetitions, or imitations of the work have been made before registration of the work, no action or other proceeding shall (except upon payment of such penalty as afore- said) be maintained or maintainable after regis- tration in respect of the circulation or sale of such copies, repetitions, or imitations, or to enforce any forfeiture or penalty in respect thereof. (3.) Provided always that registration of any work within one month from the first publica- tion thereof shall enure for the benefit of the copyright owner as from the date of the publica- tion. gt. Summary Remedy for Infringement.—ln lieu of any action or other proceeding for damages it shall be lawful in every case of infringement of copyright or of performing right, except of per- forming rights in musical compositions, for the owner of the right to apply ina summary manner to a court of summary jurisdiction in that part of the British dominions where the wrong has been committed, or where the person who has been guilty of the infringement dwells; and such court may, on production of the certificate of registration, or in the case of paintings and sculp- ture, on other proof of the title of the applicant, order the person who has been guilty of the in- fringement to pay a penalty not exceeding five pounds and all costs, and the money so paid as penalty shall be given by way of compensation to the owner of the copyright or performing right. Provided that only one sum or penalty shall be 263 recovered in respect of any infringement of the performing right in a dramatic work.® The remaining themes, viz.: The present Status of International Copyright, and The Desirability of a Conformity of Copyright Laws among all Nations, will be best considered together, for they open up identical questions. With us the present status of International Copyright is determined by two things, the Statutes of the Berne Convention, and “ An Act to amend title sixty, chapter three, of the Revised Statutes of the United States relating to Copyrights,” commonly called in England ‘“‘ The American Copyright Bill;” but the enormous colonial possessions of the British Empire make of Colonial Copyright a question that has to be considered from something the same point of view as International Copyright. The British owner of a copyright has three markets in addition to the domestic one, viz., the Continent of Europe (largely still a matter of translation), America, where of course the circula- tion is enormous, and the Colonies, where the demand for books has lately much increased. The question of Colonial and Canadian copy- right need not be gone into here. It will be sufficient to say that the present law, which has been so heartily abused by the Royal Commis- sion, 1s nowhere in a condition of less working efficiency than it is in our colonies, while the colonial demand is getting larger daily. In the Straits Settlements and at the Cape the Society of Authors have been enabled to interfere in behalf of home copyright owners, and to exact the payment of the miserable duty on foreign reprints, but the sums so obtained are wretchedly inadequate, and the whole question is one that requires thorough investigation with a view to thorough reform. International copyright in Europe, as well as in Haiti and Tunis, is regulated by the Berne Convention, of which the following articles form the foundation :— 1. Authors of any of the countries of the Union (Great Britain, Germany, Belgium, Spain, France, Haiti, Switzerland, and Tunis) or their lawful representatives, shall enjoy in the other countries for their works, whether published in one of those countries or unpublished, the rights which the respec- tive laws do now or may hereafter grant to natives. 2. The enjoyment of these rights is subject to the accomplishment of the conditions and 6 The selection of clauses has been made by Mr. J. M. Lely, in his pamphlet, from which we have previously quoted. 264 formalities prescribed by law in the country of origin of the work, and cannot exceed in the other countries the term of protection granted in the said country of origin. . The country of origin of the work is that in which the work is first published, or if such THE AUTHOL. 12. It is understood that in the case of a work as regards their unauthorised reproduction in the countries of the union. for which the translating right has fallen into the public domain, the translator cannot oppose the translation of the same work by publication takes place simultaneously in other writers. several countries of the Union, that one of them in which the shortest term of protection is granted by law. 4. For unpublished works the country to which the author belongs is considered the country of origin of the work. . The stipulations of the present Convention apply equally to the publishers of literary and artistic works published in one of the countries of the Union, but of which the authors belong to a country which is not a party to the Union. 6. The expression “ literary and artistic works ” comprehends books, pamphlets, and all other writings; dramatic or dramatico-musical works, musical compositions with or without words, works of design, painting, sculpture, and engraving; lithographs, illustrations, geographical charts, plans, sketches, and plastic works relative to geography, topo- graphy, architecture, or science in general; in fact, every production whatsoever in the literary, scientific, or artistic domain which can be published by any mode of impression or reproduction. 7, Authors of any of the countries of the Union, or their lawful representatives, shall enjoy in the other countries the exclusive right of making or authorising the transla- tion of their works until the expiration of ten years from the publication of the original work in one of the countries of the Union. 8. For works published in incomplete parts (“‘livraisons”) the period of ten years com- mences from the date of publication of the last part of the original work. g. For works composed of several volumes pub- lished at intervals, as well as for bulletins or collections (‘ cahiers’’) published by literary or scientific societies, or by private persons, each volume, bulletin, or collection is, with regard to the period of ten years, considered as a separate work. 10. In the cases provided for by the present article, and for the calculation of the period of protection, the 31st of December of the year in which the work was published is admitted as the date of publication 11. Authorised translations are protected as original works. They consequently enjoy the protection stipulated in Articles 1 and 2, The Society of Authors was, of course, not officially represented at the Berne Conference, only the chosen representatives of the contract- ing natiens being present, and no external evi- dence or assistance being invited. But the late Sir Francis Ottiwell Adams, who was Plenipo- tentiary for Great Britain, was one of the founders of our Society, and we were so com- pletely in touch with his individual views on the subject, that it is a matter of no surprise that we have no fault to find with the terms of the Berne Convention.” They seem to us reasonable, to give to the public that facility of access to good books in all tongues, to which the public has a right, and yet to reserve to the author sufficient proprietary control over his property to make it easy for him to obtain proper pecuniary reward, if he sets about it properly. Great Britain has posed largely as a deeply injured country, because of the way her authors have been exploited in the past by other nations, but the fact is that, as far as the continent of Europe is concerned, the country most benefited by the Berne Convention is France, while the sinner, whose depredations have. been most checked by the Convention is Great Britain. The reason of this is not far to seek. There was and is a certain and by no means small number of French story- tellers, whose works all English people read, in French if they can, and in translation if they cannot. The result of this high development of the art of fiction in France was to encourage the issue in England of an enormous amount of translations from the French—good, indifferent, and bad—which all, however, had their one common characteristic, that they were unautho- rised, and that their sale contributed nothing to the author, and very little to the translator. The statutes of the Berne Convention have corrected this evil. For the extension of protection to “authorised translations ’? makes it necessary for the translator to approach the author or owner of the copyright so as to obtain the necessary autho- risation. This must lead to the question of price being discussed between them, and by the corre- spondence passing through the Society of Authors we know that this is the case. Both parties are benefited. The translator will receive terms and vi ™ See paper by Sir Henry Bergne in November Author, - Pp. 198.  {+ ig (ie ut = 3 ; Ae THE AUTHOR. the cachet of authorisation for his work, and the owner of the copyright, having selected a person fit to discharge the duty of translator, need no longer fear the abuse of his property at the hands of incompetent or dishonest workmen. He can leave it to the person whom he has authorised to act as his translator to maintain his rights under the Convention, for their interests are identical. There are certain anomalies in the working of the terms of the Berne Convention that can be traced to the want of uniformity in the period of copyright in the different countries. And this want of uniformity is very striking. For instance, in Great Britain the period is life and seven years, or forty-two years from publication, which- ever may be the longer; in Germany, life and thirty years beyond; in Italy, life or forty years from publication, whichever may be the longer ; in Belgium, life and twenty years beyond; in Spain, life and eighty years beyond; in France, life and fifty years beyond; in Haiti, life, and the widow’s life beyond, or for twenty years to benefit children, or for ten years to benefit other heirs ; and in Mexico, where the native output is very small, time-long copyright is granted. How can absolutely fair reciprocal terms be arranged between nations whose first notions of what is due to the author and what to the public differ so fundamentally ? Only a world-wide and time- long copyright would ever get rid of these anomalies. For it is impossible to imagine all the nations of the earth deciding in conclave that, say, life and fifty years is the just term of protection. No limited term can ever seem right to everybody. It is possible to conceive a yveneral admission that literary pro- perty, beg in no way distinguishable from other property, belongs to its owner in perpetuity. But this is the proposition, which, though strong in logic is, for reasons of practical expediency, very weak. Nearly all that can be done at present to give the author and the publisher a fair chance in foreign lands has been done by the Berne Con- vention, in behalf of copyright owners happening to be citizens of one of the contracting States, And it should be mentioned that it is open for any State to join the union by providing domestic legislation that will enable her to comply with the conditions demanded by the statutes. And allusion is made to this because there are note- worthy absentees from the number of contracting States. For instance, Russia is still outside, and it is difficult to over-estimate the influence that Russia has had upon European literature. One great author, Count Tolstoi, is believed to desire no pecuniary return for his work; but the Russian school of novelists alone is a large one, and as 265 they may not all acquiesce in Count Tolstoi’s creed, it seems to us a little odd that Russia does not join the union. For it must be noted that it is fiction, and fiction in translation, that is chiefly going to be benefited by the terms of the Berne Convention. Scientific and abstruse monographs will circulate in their original language, because, firstly, scientific language has been thoughtfully arranged upon a classical basis, so as to be very similar in all tongues; and, secondly, the people to whom such works are necessary, will generally make light of the task of translating them for themselves. Norway and Sweden, again, should join, having regard to the boom in Norse litera- ture. In the next two markets, the American and the Colonial, the British author has only to consider English-speaking people. And here he may grumble with justice that he has been hardly used. For no doubt his works, requiring no intermediary translation, have, in days gone by, been more pirated than have the books of even the popular French novelists. The new American Act will right this, for it has conceded to foreign authors, of whom the English are, by identity of tongue, far the most important, rights in their works. It is too soon to criticise the working of the Bill in all its details, but it is not too soon to recognise that the new legislation is bound to be of the greatest possible service to all our popular authors of both nations. It is strongly felt by us, however, that the enactment compelling simultaneous publication should give way to a six months’ period of waiting on either side. The Report of the Copyright Commission deal- ing with the question of American Copyright before the passage of the Bill runs as follows, and states very fairly what was felt to be the posi- tion at the time :— “When deciding upon the terms in which we should report upon this subject, we have felt the extreme delicacy of our position in expressing an opinion upon the policy and laws of a friendly nation, with regard to which a keen sense of injury is entertained by British authors. Never- theless, we have deemed it our duty to state the facts brought to our knowledge, and frankly to draw the conclusions to which they lead. Although with most of the nations of the Con- tinent treaties have been made, whereby reciprocal protection has been secured for the authors of those countries aud your Majesty’s subjects, it has hitherto been found impracticable to arrange any terms with the American people. We pro- ceed to indicate what im our view are the diffi- culties which have impeded a settlement. “The main difficulty undoubtedly arises from 266 the fact that, although the language of the two countries is identical, the original works pub- lished in America are, as yet, less numerous than those published in Great Britain. This naturally affords a temptation to the Americans to take advantage of the works of the older country, and at the same time tends to diminish the induce- ment to publish original works. It is the opinion of some of those who gave evidence on this sub- ject, and it appears to be plain that the effect of the existing state of thimgs is to check the growth of American literature, since it is impos- sible for American authors to contend at a profit with a constant supply of works, the use of which c sts the American publisher little or nothing. “Were there in American law no recognition of the rights of authors, no copyright legislation, the position of the United States would be logical. But they have copyright laws; they afford protection to citizen or resident authors, while they exclude all others from the benefit of that protection. The position of the American people in this respect is the more striking, from the circumstance that, with regard to the analogous right of patents for inventions, they have entered into a treaty with this country for the reciprocal protection of inventors. “Great Britain is the nation which naturally suffers the most from this policy. The works of her authors and artists may be, and generally are, taken without leave by American publishers, sometimes mutilated, issued at cheap rates to a population of forty millions, perhaps the most active readers in the world, and not seldom in forms objectonable to the feelings of the original author or artist. “Incidentally, moreover, the injury is intensi- fied. The circulation of such reprints is not confined to the United States. They are exported to British Colonies, and particularly to Canada, in all of which the authors are theoreti- cally protected by the Imperial law.” There is only one point which it seems to us the commissioners rather missed, though it must be remembered that it was not so evident then as it was just previous to the passage of the American Copyright Bill. And that is, that American literature itself was becoming an enormous thing. At the time of the Copyright Commission, American lterature certainly meant, to many English people, the highly artistic and delicate work of two or three poets and two or three novelists, and the incomparable exponents of a new sort of humour—the humour of quiet exaggeration. But all this has been changed now, and there are a score of American authors whose names are household words in England. And how has this been accomplished ? THE AUTHOR. By piracy. While the English author has been lifting up a justly aggrieved voice against the action of the American, he was apparently in ignorance that he was treating the American author at that very time in the same larcenous manner. All English authors have welcomed with pleasure the passage of an Act that bids fair to set at rest a question whose consideration and debate have given tise to an acrimony that can be well understood. sec CORRESPONDENCE. Correspondeuts are requested to state their case in as few words as possible where the facts speak for themselves ; and if they advance opinions to regard brevity before style. The limited space of the Author requires attention to these points. I—A Dvusious CHARGE. OP ene eae years ago I not only wrote verses, but had my verse printed at my own expense—but not published. A friend, if I may speak of a relation as a friend, Mr. E. C. J. we will call him, declared, upon hearing that I had written a book of verses, that he was “ much concerned for my reputation as an author,” or perhaps it was “as a poet,” and urgently begged that I would allow him to look through my verses ; he said nothing about any revision, or any charge for his services. It was, he gave me to understand, a spontaneous outcome of good feeling and anxiety for my literary reputation that urged him to offer his advice. To his taking a copy of the book away with him I could of course make no objection, in fact, he was quite welcome to any volumes he might require. My friend was highly intellectual, fairly well read, and well educated; a man of good position and recognised authority on certain subjects, but he had, however, no literary tastes, and he was, more- over, strictly matter of fact, with not an atom of sentiment about him, and painfully unpoetical. I should not imagine that he had ever read a line of our great poets in his life, and yet he took upon himself the task of revising a book of poems. My friend who bore away with him my book was even ignorant of the most simple laws of versification. When the book was returned to me it was marked here and there on the margin in red ink, and remarks were made in what I thought to be his handwriting. Whoever made them could not have been occupied for more than an hour in the task, since there were not more than fifty of these red ink corrections throughout the book, which consisted of about  THE AUTHOR. one hundred pages, and such corrections as were made displayed in many places utter indifference to the rules of English grammar and literary construction. For this unmasked for service, thrust upon a youth who perhaps would have fared better had he been dealt with by competent reviewers, I was asked to pay £10; and in utter ignorance of the value of the service thus thrust upon me, I wrote and despatched to my friend a cheque for that amount. Now that I am acquainted with matters relating to book pro- duction and the profession of literature, now that I know how hard it is to earn £10, I_ begin to suspect that I dil very wrong to admit this claim; that I was, in fact, imposed upon, and my reason for writing to the Author is to obtain from that best friend, not only to literary aspi- rants, but to veteran authors, é.e., the Editor, his opinion of the facts I have related. A. M. [Of course there can Le no doubt whatever on the subject. As the facts are related, the young writer should have refused to pay this impudent demand. It was, however, twenty-eight years ago. Perhaps such a demand would not be made in these days.—Ep. | Il.—Lert To Pay. The following story may be of use perhaps to somebody unversed im the ways of editors, so I tell it:—-An article of mine went to a paper for which I have often written, and was duly accepted. But the letter announcing this fact expressed a wish for a few photographs to illus- trate the article, and mentioned five or six as the number likely to be required. I accordingly, after considerable trouble—for the views were difficult to get—bought five photographs and despatched them to the paper, and my article appeared, illustrated, however, by only two out of the five. After a while I received an envelope containing all the photographs, but no money beyond the sum due for the letterpress. So I had to pay for things quite useless to me, and got simply at the suggestion of the editor, a mode of procedure which I thought, and think, very shabby on his part, and which took some of the “gilt off the gingerbread,” never too highly gilt at its best for struggling authors. N. D. I11.—Tue Epiror Acatn. In view of the many, no doubt deserved, charges of editorial neglect of unknown authors, a personal experience on the other side may perhaps be interesting. Between two and three years ago I submitted a manuscript to the editor 207 of a well-known monthly magazine, whose rule I had previously discovered to be courtesy to all contributors, immediate notice of MSS., and prompt payment for such as were accepted. The MS. in question was a short story of about 8000 words. This the editor considered too long. He returned the story, and asked me to curtuil it, which I could not consent to do, and I wrote expressing my inability and regret. More than a year and a half afterwards the editor wrote to ask me to let him have the MS. back, as he could then place it. The story had meantime appeared in another publication. Now, that is the part which I consider noteworthy —that a sympathetic and experienced man could know so little of the ways of authors as to imagine that a writer could afford to keep copy on hand for such a period. But this is not all. A year later, namely, during the present week, the editor wrote again, and without any communication between us in the interval. He had obviously forgotten my last letter, as well as the title of the story, and merely said that, having returned a story of mine some time ago, he begged to have it again for recon- sideration. To specify the story in question he thereupon supplied me with the whole plot in brief. Now, this from a very busy man, at the head. not only of a publication, but of a publishing house, and after an interval of between two and three years, strikes me as an incident well worth recording. A letter in verification of the above statement is inclosed. Nov. 11. EK. Rentout Esuer. IV.—Bryonp THE AGREEMENT. I have heard of a piece of generosity on the part of a publishing firm which should be recorded if only pour encourager des autres. They bought the copyright of a certain book, which thus became their property absolutely, the author baving no further claim upon them. The serial rights of this work were purchased by a journal, the publishers thereupon voluntarily forwarded to the author, above and beyond their purchase price, a moiety of the sum they had received from the journal in question. L. 8. [The publishing tirm in question was that of Messrs. Ward, Lock, Bowden, and Co.—Ep. | V.—Wuy Resecrep. J. B. urges that editors should state why a MS. has been rejected. He also points out that a single adjective—dull, unsuitable, uninteresting, too long, too short—would generally convey all the information wanted. But has J. B. any idea of the work of an editor as it is’ Iv is enough 268 to read a bundle of MSS. without the additional labour of affixing to each a form containing, if only in a single word, the reason for rejection. VI.—Tue Germans’ Turn, At various annual dinners of the Authors’ Society, and at the lesser feasts of the Authors’ Club, we have honoured and feted Americans and Frenchmen, Dutchmen and Belgians, but up to the present time, for some curious reason, certainly not out of respect for their literature, we have never yet given a dinner to German authors. And yet their literature has an immense influence for good upon our English art of writing ; and how very great an influence their scientific work has had upon our scientific writers will quickly be seen by a reference to any modern English scientific work. The preface of these works generally refers to the German works quarried from and used, whatever branch of science is being studied.: Could we not do honour to such writers as Jordan, Ebers, and Dahn, Eckstein and Freytag, Bodenstedt, Scheffel, or Stinde, or to a language that has produced in our day such writers, even though they may not, nay, some cannot, be present? When we remember the number of Germans in England, probably many German authors would avail themsclves of an invite from the English authors to visit England ; and although the language of Goethe and Schiller, Humboldt and Mommsen, may not be so widely and lightly known as the language of Moliére and Hugo, yet enough English speakers of German could easily be found to entertain our guests. The present day literature of Germany is worthy of highest honour. Her plays have been adapted, and proved immense successes on our English stage ; her history and her science is accepted in our Universities as the highest authority, and latest developments of thought and research ; her novels are stirring and elevating; her poetry is thoughtful, and in touch with nature; her humorists are being copied by our most modern wits; and yet our Authors’ Society has up to now not done the literature of the German people honour in the persons of the professors of that literature. It is an oversight; but I am nor only speaking my own thoughts when I express a hope that a dinner, followed by a conversazione, will ere long be arranged by the English Society of Authors to German writers. Jams Baker. VII.—AvtuHors anD PUBLISHING. As one who has written and published several books which have brought much “grist” to the vublishers, but very little to their author, I must THE AUTHOR. take exception to Mr. Andrew Lang’s statement in this month’s Author, when he says: “ As to the author’s ignorance of the sum which should be his due, I presume that he finds out his market value, like other people, as soon as he is ‘ quoted,’ in all senses. His first effort is a shot in the dark. Let it even ‘make an outer,’ and he begins to know what he should be paid.”’ This is so misleading, and so contrary to my own experience (albeit, not quite ‘‘ an idiot,” as Mr, Andrew Lang would term all authors ignorant of the ways of publishers), that I must be pardoned for stating my own case. After various essays in authorship I “made a hit’? in book form; but. got little thereby, for I had sold the copyright for £15. At my second venture (generally con- sidered my best work), my publishers, as I know now sorrowfully, must have netted hundreds, where I received tens, of pounds. For my third book I received less than tor my second; a little more for my fourth; a little more for my fifth— altogether less than £100. It is only now, that by means of the Society of Authors, “The Methods of Publishing,” and “ The Cost of Pro- duction,’ I am beginving to know the value of my literary work. And but for our Society I should beas much in the dark now, after publish- ing some dozen books, as to what remuneration an author ought to receive for his work, as all authors and literary men generallv were fifty years ago! The Incorporated Society of Authors is doing a good work, and a great work, by letting in a flood of light upon matters formerly en- veloped in the darkness and mystery of “trade secrets.” CLERICUS. VIII.—Lirerary Insurance. T observe that in the current 1.umber of the Author Mr. J. M. Lely raises the question of insurance of MSS.,.and expresses the belief that they are uninsurable. Allow me to state my experience. I have a considerable number of literary MSS., notes, and memoranda; and, as their destruction would mean the loss to me of the results of a very large amount of labour and research, I last year sought to insure them. After the risk had been declined by more than one good office (including that in which my household effeets are insured), it was at last accepted by the Fine Art Insurance Company Limited, of 28, Cornhill, E.C., and I now hold a policy in that office. Mr. Cecil T. Davis, of the Public Library, Wands- worth, is, I believe, the agent for literary insurances, and to him all communications from those who wish to insure either books or MSS. should be addressed. Miter CuHRIsTyY. Pryors, Broomfield, near Chelmsford.  > aT. id } F } ; t id ia (fe it . THE IX.—ILuvstRaTIons. Surely the difficulties connected with the cost of illustrations would be surmounted if the artist furnished the blocks ready for printing. If the illustrator did this, he could, if he desired, make fresh drawings, when the blocks turned out un- satisfactorily, at his own expense; and the author would know exactly what his illustrations would cost. There is nothing more unsatisfac- tory to an artist than to see bad illustrations bearing his name; and, if the expense of re- doing a drawing came out of his own pocket, he would willingly sacrifice part of his profits. But if the author or the publisher has to bear the charge of the artist’s mistakes, he naturally objects. I have illustrated some books in this manner, stating my price, and bearing all risks of occasional failure, and I find that 1s. to 2s. per square inch is fair payment for ordinary land- scape and architectural work (or simple figure subjects), inclusive of process blocks ready for the printer. Figure subjects requiring several models, or elaborate or historical costumes, would, of course, be more costly. This is a far more satisfactory manner of working to the artist, because it is impossible always to be perfectly sure that a drawing will reproduce well. Just as one sees faults in print which were overlooked in MS., so one sees mistakes in the engraving which remained undiscovered in the drawing. 35, Albany-street, N.W. SopHta BEALE. X.—Reticion in Darty Lire. Some months ago I agreed to supply a serial story for the pages of a new religious weekly. I was to be paid at a certain rate per chapter, and at the request of the editor I forwarded copy well in advance of the date of publication. Long ere all the chapters had appeared in the paper the whole of the MS. of them was in the editor’s keeping. I had dismissed the story from my mind, when one morning I was surprised by a visit from one of the editor’s clerks, bringing me ap urgent letter from him saying that the MS. of the forthcoming chapter of my story had some- how been lost at the office, and entreating me to help him out of this “ awkward dilemma.” Could I supply a second copy? I explained to the messenger that Thad no copy of my work. AIlI could do was to look up my notes of the story and rewrite that particular chapter. Was that what the editor wished? Iwas told that it was, and that the MS. must be at the office not later than the first postal delivery on Monday morning. It was then midday on Saturday, so I set about the distasteful task of endeavouring to recall and reconstruct matter which had lost its interest AUTHOR. 269 for me. It was a most irksome task, and occupied me for some five hours that evening and a couple of hours on the following day. On Monday evening I received the printer’s proofs. Imagine my chagrin on perceiving that they were printed from the original MS., which apparently had turned up in the interval! At this time I had received payment for all the chapters except the last four, of which this was one. These were not paid for, and after waiting for several weeks I wrote to the editor asking for a settlement, and drawing his attention to the fact that, although only four chapters remained unpaid for, I was really entitled to payment for five, as I had rewritten one at his request. After a delay of some weeks I received a reply to this effect. “In view of the fact that material for the story which you rewrote was in drawer at office all the time, and that the matter you furnished was not origi- nal, we have made the cheque so much, and hope you will approve.” The amount of the cheque provided tos. 6d. as the magnificent remuneration for my seven hours’ work. Was this or was it not very shabby treatment ? Oct. 25- A Member OF THE SOCIETY. ee AT THE SIGN OF THE “AUTHOR'S HEAD.” N Mr. Black’s new novel, “The Handsome Humes” (Sampson Low and Co.), the author has discovered and made use of the fact that the pugilist of to-day has an opportunity of making more money than he used to do when the P.R. was the fashion, and so we have in this story an ex-prize- fighter who has had his daughter educated in a clergyman’s family. When she is of age to keep her father’s house, his first care is to hide her away from his earlier acquaintances, only one of whom makes any appearance. Accident brings the girl a handsome lover, and she has to con- tend against the old difficulties of family pride and pedigree, with the addition ofa titled rival. However, as becomes her father’s daughter and Mr. Black’s heroine, her beauty soon “knocks them out of time’’—though, all unwittingly, she makes her father sacrifice himself for her sake. It is a charming story, but the reader may perhaps feel inclined to ask, as usual, if anything is known of the heroine’s mother. The author would probably adapt Balzac’s answer to a somewhat similar question, and say, “I did not know Miss Summers during her mother’s life- time.” From a small volume of verse by Mr. Arthur Hood, entitled ‘Smiles and Tears,’ we give the  270 following extract, being part of ‘A Poor Man’s Song” :— The pride that holds its head aloof Above life’s common pains, And boasts because some grandsire made A hoard of ill-got gains. * * * * * Or that still viler boasting that On marriage rears its head, And nestles in the riches left By the uncared for dead. * * * * * Let Genesis be written fresh, The old one’s out of date: It could not be one man was made With Mother Eve for mate. But two, as species for the race That was to follow after— One rich—the angels’ special care ; One poor—the devil’s laughter. The author of “ Somnia Medici” has put for- ward another volume of poetry, entitled “ Tales in Verse,” of which there are seventeen in various metres, interspersed with songs, all too long for quotation except the followimg:— Then he sang The taunt of cowardice that hides in gloom. A lord and a king thou hast bid me to sing. I have sung of thy hateful realm ; And I sing thy affright in the fall of night, And the death that shall overwhelm. For where are thy arms and thy lying charms, And thy slaves that bow the knee, Thy hall of state and each breathing hate, In this shadow where none may see ? But I know thee near, and I have thee here, For a coward in vain shall flee; And my song is a spear to thy open ear, And its point shall be sharp to thee. Of dainty books, beautiful books, books in artistic bindings, books in artistic print, books with lovely illustrations, there is certainly a revival growing and spreading very fast, imso- much that there may be a danger before long of the outside appearance becoming of more value than the text itself. Certainly there will be col- lectors of books for their outside alone. Here is an exquisitely beautiful book called “ A Book of Pictured Carols,” designed under the direction of Arthur J. Gaskin, and published by George Ellen. A new translation of Andersen’s Fairy Tales has been published by Mr. George Allen, also with illustrations by Arthur J. Gaskin. It is safe to say that no illustrations to any previous edition can compare for a moment with these. As to the accuracy of the new translation, Danish scholars may speak; at least one may say that the English is good, and that it shows no sign of being a translation. The general presentation and appearance of the book are most artistic. ‘THE AUTHOR. “Men and Men,” a love story, by V. 8. Sim- mons, author of “Green Tea,” is a story to be noted and read. It is not long; itis not new in its place or in its people; yet it is fresh, and seizes the reader. The book of the month is Wright’s “ Brontés in Treland.” The following arrangements have been con- cluded through the Authors’ Syndicate: Mr. George Meredith’s new story, “Lord Ormont and his Aminta,” will run serially through the Pall Mali Magazine, commencing in the December number. Mr. Hall Caine’s story of the sale of the Isle of Man to the English Crown will, under the title of “The Manxman,” commence in the Queen and a limited syndicate of provincial newspapers in January. Mr W. E. Norris’s story, “ Matthew Austin,” will begin in the January number of the Cornhill Magazine. Mr. William Patrick Kelly, author of “Some Exciting Adventures,’ now running in the Million, has arranged with a Swiss newspaper proprietor for the translation and serial publica- tion of the “ Adventures” in his paper. Eden Phillpotts, whose new book, “In Sugar Cane Land,” is to be published shortly, and whose new novel, ‘Some Everyday Folks,” appears through Messrs. Osgood, McIlvaine, and Co., before Christmas, has also found time to do a good deal for the coming Christmas numbers. He will be represented in the Graphic, Black and White, English Illustrated Magazine, Hearth and Home, and the Magazine of Short Stories. In the list of books published last month there oceur three misprints. For “ Rossetti” was printed “ Rossette,” for “ Barabbas” was printed “Barnabas,” for ‘Daudet” was printed “ Dandet.” Miss Mary Rowsell’s comedietta ‘‘ Richard’s Plan,” her joint drama with H. A. Saintsbury, “The Gambler,” and the play by Edwin Gilbert adapted from her story of ‘‘ Petronella,” called “White Roses,” have all been. taken and printed by Mr. Samuel French, 89, Strand, who will give information as to the terms of per- formance. Esmé Stuart will publish this season, through Messrs. Bentley and Son, a new novel called ““The Power of the Past.” The same author has also produced this autumn “A Woman of Forty: a Monogram” (Messrs. Methuen and Co.).  THE AUTHOR. “ Penshurst Castle” is the title of Mrs. Emma Marshall’s new novel. It is a historical romance, the period laid in the time of Sir Philip Sidney. It will be published immediately by Messrs. Seeley and Co. The same author produced in October a story for girls called “The Close of St. Christopher” (publishers, Nisbet and Co.). “Into the Silent Land ” is the title of a volume of epitaphs copied chiefly from tombstones, by E. M. T., published by Simpkin, Marshall, and Co. (Crown 4to., illustrated, price 5s.). “The Desert Ship” (Hutchinson and Co.), which is now well before the re.ders of adven- ture stories, will be followed shortly by two serials from the pen of its author, Mr. John Bloundelle- Burton. One, dealing with the attempted colo- nisation of Darien (1698-9), and entitled ‘The Gentleman Adventurer,” will commence in Young England in January, and run through the year ; and another, “The Adventures of Viscount Anerly,’”’ will commence in the People a month or so later. Who wrote “Captain Clutterbuck’s Cham- pagne” ? We learn from the publishers, Messrs. W. Blackwood and Sons, that the author was General William MHamley, elder brother of General Sir Edward B. Hamley. It is strange that two brothers should both make a literary mark, and each with a single novel which sur- vives, and will survive when all their other work is forgotten. The first number of a new sixpenny monthly magazine will be issued shortly. It will be called the Imperial Magazine, and will be con- ducted by Mr. Francis George Heath. We have received a copy of Cream, together with a prospectus of the Imperial Press, Limited, also conducted by Mr. Heath. A new novel by Miss Peard, called “ An Inter- loper,”’ will form one of the serials in Temple Bar for 1894. The thirteenth volume of Arrowsmith’s “Three- and-Sixpence ” Series contains a story by Harold Vallings, author of ‘The Transgression of Terence Clancy,” &c. It is entitled “Three Brace of Lovers,” and is illustrated by G. P. Jacomb- Hood aud Frank Feller. A cheap edition of Mr. Payn’s new novel, “A Stumble on the Threshold,” illustrated by Hal Ludlow, is just announced. (Horace Cox.) “A Step Aside,” by Gwendolen Douglas Galton (Mrs. Trench Gascoigne); and the “Martyrdom of Society,” by Quillim Ritter. (Horace Cox.) 271 “Doing and Daring” is a Christmas book for boys, a tale of New Zealand. There is plenty of adventure in it; there are plenty of hairbreadth escapes; there is plenty of bravery and pluck. What can boys want more? ee WHAT THE PAPERS SAY. I.—Tue Penny Novetette. To the Editor of the Pall Mall Gazette. Str,—In the allusion made to the ‘penny novelette’” in your review of my last book, “ A Strange Temptation,’ your reviewer touched, perhaps unconsciously, on a question which is beginning to be one of great importance to myself and my fellow-novelists. We have two distinct classes of readers, and the danger is, lest in providing for the delicate, long-necked stork we may starve the hungry fox. It pleases one’s conceit to be called upon to write for the higher class of readers, which is becoming daily more fastidious, and demands a style which must be epigrammatic, packed with meaning, and as dainty in phraseology as Théophile Gautier’s. But I am not sure that it is good for us. The fear is that in attempting to cater for this public we may fall into what Dr. John Brown called “the sin of effort or of mere cleverness.” And there is a much larger second public, con- sisting of readers coming up not only from the lower middle classes, but from the board schools. Their name is legion, and we are obliged to take their needs into consideration. They not only buy our cheap editions, but they read our stories when they are first of all published by the news- paper agencies; and it is I suppose, an open secret that we novelists make most of our profits in serial publication. This is alow argument. A better one is the true one, that we are proud of providing these readers with good and unobjec- tionable reading. But for them the phraseology must not be too studied, nor the allusions too subtle, and the plot must be more or less exciting. It is painful to receive a message from one or other of them that your last book was so ‘‘ deep”’ that they “could not understand it,” and to know that what Mrs. Brown calls “deep”? may at the same time seem shallow to a critic who belongs to the educated minority. You have often started good controversies, and if you or any of your readers can tell us writers of fiction how to solve this problem they will oblige—Yours faithfully, Lity SPENDER. Bath, Nov. 14. 272 THE AUTHOR. Il.—Cocxnrey PRONUNCIATION. By ANDREW W. TUER, F.S.A. To Messrs. CHEVALIER, Du Maurier, ANSTEY, SULLIVAN, and others, in the hope that this scientific paper may pro- mote, even among distinguished students, greater untfor- mity in the pronunciation of a classic tongue. There would almost seem to be an opening for a dictionary of Cockney pronunciation. But it might pall, and at the moment a short list of words as yow pronounce them, and as he pronounces them, together with a few applica- tions, may suffice. You. Always Asked Assure As Away Baby Bank Been Boot-lace Came Carpet Carriage Cab Can Champagne Cheer Child Coffee Cross Daisy Day Decided Don’t Dozen Door Do you here? Drawing Duke Else Ever Face Far Fat First Five Flowers Fried Froze Garden Get Going Good morning ! Gone Got your Gradually Gravel Guineas Hammersmith Harvest Have Headache Hear, hear! Here (Look her Home HE. Allwiz Ahst Asshaw Ez A-wy Bi-bee Benk Bin Boot-lice Kime Carpit Kerridge Keb Kin Shempine Chur Chahld Cawffay Crawss Di-zee Dy Dissardid Down’t Dezzin Dawer J’eer? Drawrin’ Jook Elsh Ivver Fice Fur Fet Fust Fahve Flahs Frahd Frowze Garding Git A-gowin Mawnin ! Gawn Gotch Gredjooly Grevvil Guinnays Emma Smith ’Arvist "Ev *Ed-ike Yur, yur! e) He-yer ,Owm You. Horses How is Idiot Isn’t Lady Last Like News No Now Noses Obituary Odious Off Ob! Paper Pardon Particular Partner Perhaps Prospect Pure Put your Quite Rain Railway Recollect Regular Ridiculous Right Row Roses Same Say Says Showers Sit Smoking So Soft Society Stones Straight Surely Such Suppose Tired To-day Tract Tremendous Violets Ways Wept Worse He. > Awsiz Owzh Idjit Eyen’t Li-dee Lahs Lahk Nooz Now Nay-ow Nowziz Obitchooary Ojus Awf Ow! Piper Parding Purtickler Pardner Preps Prospick Pee-aw Putch Quaht Rine Rahlwy Reckerlec’ Regler Ridiklis Raht Ray-ow Rowziz Sime Sy Siz Shahs Sid Smowkin’ Sow Sawft Sussarty Stowns Strite Shawly Sitch Spowze Tahd Ter-dy Trek Tremenjis Vahlits Wize Wep’ Wuss You. He. You. Hz. You { Yus, yas, yis, You Joo or yahss You You You Yer You Jer You Choo Yours Yaws St. James's Gazette. T1I.—A Humorist’s Recirmen. Robert Barr (whose pseudonym, ‘‘ Luke Sharp,” is familiar to the readers of the Detroit Free Press) has written an article on “ How a Literary Man Should Live,” of which the conclusion is cited by his permission :— “JT am not,” he says, “an advocate of early rising. I believe, however, that every literary man should have fixed hours for getting up. I am very firm with myself on that score. I make it arule to rise every morning in winter between the hours of six and eleven, and in summer from half-past five until ten. A person is often tempted to sleep later than the limit I tie myself to, but a little resolution with a person’s self at first will be amply repaid by the time thus gained, and the feeling one has of having conquered a ten- dency to indolence. I believe thata literary man can get all the sleep he needs between eight o'clock at night and eleven in the morning. I know, of course, that some eminent authorities disagree with me, but I am only stating my own experience in the matter, and don’t propose to enter into any controversy about it. “ On rising I avoid all stimulating drinks, such as tea or coffee. They are apt to set the brain working, and I object to work, even in its most disguised forms. A simple glass of hot Scotch, say half a pint or so, serves to tide over the period between getting up and breakfast time. Many literary men work before breakfast, but this I regard as a very dangerous habit. I try to avoid it, and so far have been reasonably successful, I rest until breakfast time. This gives the person a zest for the morning meal. “ For breakfast the simplest food is the best. I begin with oyster stew, then some cold chicken, next a few small lamb chops and mashed potatoes, after that a good-sized beefsteak and_ fried potatoes, then a rasher of bacon with fried eggs (three), followed by a whitefish or two, the meal being completed with some light, wholesome pastry, mince pie for preference. Care should be taken to avoid tea or coffee, and I think a word of warning ought to go forth against milk. The devastation that milk has wrought among literary men is fearful to contemplate. They begin, thinking that if they find it is hurting them, they can break off, but too often before they awaken to their danger the habit has mastered them. I avoid cayling at breakfast except a  large tumbler of brandy, with a little soda water added to give it warmth and strength. “No subject is of more importance to the literary aspirant than the dividing of the hours of work. I divide the hours just as minutely as I can, and then take as few of the particles as possible. I owe much of my success in life to the tact that I never allow work to interfere with the sacred time between breakfast and dinner. That is devoted to rest and thought. Much comfort can be realised during these hours by thinking what a stir you would make in the literary world if you could hire a man like Howells for five dollars a week to do your work for you. Such help, I find, is very difficult to obtain, and yet some people hold that the labour market is overcrowded. ‘The great task of the forenoon should be preparation for the midday meal. The thorough enjoyment of this meal has much to do with a man’s success in this life. “ Of course, I do not insist that a person should live like a hermit. Because he break- fasts frugally, that is no reason why he should not dine sumptuously. Some people dine at six and merely lunch at noon. Others have their principal meal in the middle of the day, and have a light supper. There is such merit in both these plans that I have adopted both. I take a big dinner and a light lunch at noon, and a heavy dinner and a simple supper in the evening. A person whose brain is constantly worried about how he can shove off his work on somebody else has to have a substantial diet. The bill of fare for dinner should include everything that abounds in the market—that the literary man can get trusted for. “ After a good rest when dinner is over, remain quiet until supper-time, so that the brain will not be too much agitated for the trials that come after that meal. “T am a great believer in the old adage of ‘early to bed.’ We are apt to slight the wisdom of our forefathers; but they knew what they were about when they advised early hours. [ always get to bed early—say two or three in the morning. I do not believe in night work. It is rarely of a good quality. The brain is wearied with the exertions of the day, and should not be overtaxed. Besides, the time can be put in with iess irksomeness at the theatre, or mm company with a lot of congenial companions who avoid the stimulating effects of tea, coffee, and milk. Tobacco, if used at all, should be sparingly in- dulged in. I never allow myself more than a dozen cigars a day ; although, of course, I supple- ment this with a pipe. ‘When do I do my literary work ? Why, next day of course ”’ Rosperr Barr. THE AUTHOR. 273 TV.—ADVERTISING AS A FINE Arr. It is about time that advertisements were edited. Even the largest papers are feeling this, and for our pocket-paper it is mdispensable At present advertisement pages are put together anyhow. The advertiser pays his money and takes his choice as to what he puts in. He will sometimes in the plenitude of his autho- rity transform a whole broadsheet into a staring and hideous poster in which the man who has purchased the space proclaims in the largest capitals what goods he has for sale. It seems to me that the interests, both of the advertiser and of the public, would be served if it were to be regarded as an axivm that advertising payes ought to be as interesting as those devoted to news. They should be kept distinct, there should be no mixing of the two; but advertisements should be readable. An uninteresting adver- tisement ought to be refused equally with an uninteresting piece of copy. Of course to news- papers at their wits’ ends to know how to fill their columns with advertisements, such an ideal may be impossible; but in a small and handy paper such as this, if an advertiser cannot make his advertisement interesting, he will have to leave it out. Here and there an advertiser has made an effort to make his advertisement read- able, but often this movement has been rendered worse than useless by the insertion of such an advertisement in the news part of the paper. There are few things more objectionable than advertisements palmed off as if they were news. Every advertisement ought to be marked, and not mixed up with the news, but put where people will know where to find them. In addition to having advertisements interesting they ought to be honest. T hope that The Daily Paper will never publish an advertisement which will be calculated to injure, to mislead, or to defraud the public. At present the ethics of news- paper proprietors in this respect are very rudi- mentary. It is tacitly accepted that you can adver- tise what you please; as long as the money comes in it makes no difference A rule that no financial advertisements should be inserted which invited the public to subscribe to what, in the opinion of our City Editor, was a barefaced swindle, would exclude a good number of advertisements. Of course with the most vigilant scrutiny now and then an advertisement will tind its way into our columns which should not have appeared. In those cases if any reader should have reason to complain of having been defrauded by any adver- tisement appearing in these columns he will be invited to send in a statement of his case, and if it is proved to be well founded, the advertisement will be immediately discontinued, and when it is 274 found that the advertiser has rendered himself liable to prosecution by obtaining money on false pretences, or by rendering himself in any way amenable to law, The Daily Paper will under- take the cost of his prosecution. Of course it will be said this will limit the number of adver- tisements which may be accepted, but I have no wish to make my paper an advertising board for swindlers, and I hope that I shall have the co- operation of my readers in making it difficult for these gentry to obtain possession of their neigh- bours’ money.—From the sample number of The Daily Paper, by W. T. Stead. V.—Lectures AND LIBRARIES. The combination of public libraries and popular lectures is not altogether a novelty, though it is not often found’as a systematic and perma- nent arrangement. It will, however, be the dis- tinctive feature of the new Bishopsgate Institute which is being erected in the parish of St. Botolph, Bishopsgate, mainly through the efforts of the Rev. William Rogers, the well-known rector. The scheme, which was prepared by the Charity Commissioners, presumably under Mr. Rogers’ inspiration, has now reached the stage at which the governors are able to consider the question of appointing the directors, and it is hoped that it may be fully at work next winter. A sum of some £50,000 has been spent on the buildings, and a permanent income of £2000 assured, so that the scope of its operations will be of special interest. One of its principal objects, as laid down in the scheme, is the provision of public lectures and entertainments, or industrial and art exhibitions, under such conditions as will make them available for the poorer classes, and for this purpose the University Extension Society, the Society of Arts, and the Sanitary Society, are specifically named. Power is taken to defray either a whole or in part the cost of such lectures, and the hall may also be used for public meetings not being poli- tical, denominational, or sectarian. A reference reading-room, a newspaper reading-room, and a lending library are to be established, the use of the latter to be confined to persons residing in the eastern parishes of the City, but the others open to the public generally. The site of the new institute is at 62 and 63, Bishopsgate-street Without.— City Press. THE AUTHOR. NEW BOOKS AND NEW EDITIONS. History and Biography. Axnoup-Foster, H. O. 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For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The Author, Vol. 04 Issue 07 (December 1893) Subject The topic of the resource <em>The Author</em>, Vol. 04 Issue 07 (December 1893) Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1893-12-01-The-Author-4-7 publications The Author