https://historysoa.com/files/original/5/488/1903-12-01-The-Author-14-3.pdf 3de35e1fc697f63c0569c0099ae72a3a 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) 1903-12-01 Volume 14 Issue 3 Pages Page range in volume 57–84 Ngram Date Version of the date in YYYYMMDD format for use by the Ngram plugin 19031201 Ngram Text Version of the text with no HTML formatting for use by the Ngram plugin Che Huthor. (The Organ of the Incorporated Society of Authors. Monthly.) FOUNDED BY SIR WALTER BESANT. Vou. XTV.—No. 3. DECEMBER 1sT, 1903. [Prick SIXPENCE. TELEPHONE NUMBER : 374 VICTORIA. TELEGRAPHIC ADDRESS: AUTORIDAD, LONDON. a THE UNVEILING OF THE MEMORIAL TO SIR WALTER BESANT. —— 9 ORD MONKSWELL, the Chairman of the London County Council, has kindly undertaken the duty of unveiling the Memorial to Sir Walter Besant. The ceremony will take place in the Crypt of St. Paul’s Cathedral on the afternoon of Friday, December 11th, at 3 o’clock. It is hoped that those members of the Society who care for the memory of Sir Walter Besant, and are grateful for his unselfish and earnest labours on behalf of his fellow writers, will make every effort to be present. es NOTICES. OR 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 opinion of the Committee unless such is especially stated to be the case. Tue Editor begs to inform members of the Authors’ Society and other readers of The Author VoL, XIV. that the cases which are from time to time quoted in The Author are cases that have come before the notice or to the knowledge of the Secretary of the Society, and that those members of the Society who desire to have the names of the publishers concerned can obtain them on application. a List of Members. TuE List of Members of the Society of Authors published October, 1902, at the price of 6d., and the elections from October, 1902, to July, 1903, as a supplemental list, at the price of 2d., can now be obtained at the offices of the Society. They will be sold to members or associates of the Society only. od The Pension Fund of the Society. THE investments of the Pension Fund at present standing in the names of the Trustees are as follows. This is a statement of the actual stock; the money value can be easily worked out at the current price of the market :— ORO FE oor es £1000 0 0 Wocal Wioans 20... 500 0 0 Victorian Government 8 % Consoli- dated Inscribed Stock ............... 291 19 11 War Oa 2630090. ee 20r 9 8 oval... 6. oe £1,993 9 2 Subscriptions. 1908. £ 8s. d. Jan. 1, Pickthall, Marmaduke 010 & » Deane, Rey. A.C. . 010 O Jan. 4, Anonymous : 0 5 0 » Heath, Miss Helena : ~ 0 5 0 >» Russell, G. H. : : 11.0 58 THE AUTHOR. Jan. 16, White, Mrs. Caroline », Bedford, Miss Jessie Jan. 19, Shiers-Mason, Mrs. Jan. 20, Cobbett, Miss Alice : Jan. 30, Minniken, Miss Bertha M. M. Jan. 31, Whishaw, Fred. : - Feb. 3, Reynolds, Mrs. Fred Feb. 11, Lincoln, C. . Feb. 16, Hardy, J. Herbert . » Haggard, Major Arthur . Feb. 23, Finnemore, John . Mar. 2, Moor, Mrs. St. C. Mar. 5, Dutton, Mrs. Carrie Apl. 10, Bird, CO. P.. Apl. 10, Campbell, Miss Montgomery . May Lees, R. J... Wright, J. Fondi . Nov. 138, Longe, "Miss Julia . Donations. Jan. 8, Wheelright, Miss H. : », Middlemass, Miss Jean . : Jan. 6, Avebury, The Right Hon. The Lord . » Gribble, Francis Jan. 13, Boddington, Miss Helen . Jan. 17, White, Mrs. Wollaston . » Miller, Miss E. T. . Jan. 19, Kemp, Miss Geraldine Jan. 20, Sheldon, Mrs. French Jan. 29, Roe, Mrs. Harcourt Feb. 9, Sher wood, Mrs. . Feb. 16, Hocking, The Rey. Silas Feb. 18, Boulding, J. W. . 5, Ord, Hubert H. Feb. 20, Price, Miss Eleanor » Carlile, Rev. J. C.. Feb. 24, Dixon, Mrs. Feb. 26, Speakman, Mrs... Mar. 5, Parker, Mrs. Nella Mar. 16, Hallward, N.L. . Mar. 20, Henry, Miss Alice . », Mathieson, Miss Annie . » Browne, T, A. (“ Rolfe Boldre- wood”’) ‘ Mar. 23, Ward, Mrs. Humphry Apl. 2, Hutton, The Rev. W. H Apl. 14, Tournier, Theodore May King, Paul H. : S Wynne, Charles Whitw orth », 21, Orred J. Randal : June 12, Colles, W. Morris . » Bateman, Stringer . * = Aton. 3. » Mallett, Reddie Oct. 27, Sturgis, Julian = rt OOH OO OHS OHOL ON OHA ONO SO OL OUT OT cCorocoroocoooorSSOSC’® He eoooamoccoeosoooooo™ SCeorocounooeocorooocoroeon oo e on} I _ _ eouncoorocouncocorH ecoaoecoecoocoo ccoocoooceocoononoonoonaoeo on eooocoocorocooconNnNorFH or Nov. 2, Stanton, V. H. ; Nov. 18, Benecke, Miss Ida. ; Nov. 23, Harraden, Miss Beatrice The following members have also made subserip- tions or donations :— Meredith, George, President of the Society. 1 hompson, Sir poy Bart., F.R.C.S. Rashdall, The Rey. H Guthrie, "Anstey. Robertson, C. B. Dowsett, C. F. There are in addition other subscribers who do not desire that either their names or the amount they are subscribing should be printed. —___ FROM THE COMMITTEE. A At the meeting of the Committee held on the 2nd of November, 18 members and associates were elected, bringing the total for the curftent yeaup to 182. The date for the unveiling of the Besant Memorial was discussed and the necessary details considered. The full statement of the arrange- ments is set forth on another page. There were one or two other matters on “ the agenda,” but no contentious business. One case, which was laid before the Committee, they did not see their way to take up, and it was hoped that another case, dealing with accounts, would be satisfactorily settled between the secretary and the publisher, without any need of further action. Se Cases. Since the last statement was issued twelve cases have been in the Secretary’s hands for settlement. Four of these refer to the return of MSS., three to the rendering of accounts, four to the payment or rather the non-payment of money, and the last to false representation. MSS., accounts and money are the most frequent causes for the Secretary’s interference, as will be seen by those members who read the monthly statement of the Society’s work. Of the twelve cases four have been concluded and eight are still unsettled. Of the former, in the one dealing with MS., the MS. has been returned and forwarded to the author; in the one dealing with accounts, the necessary documents have been supplied; and in the two demands for the payment of money the amount due has been forwarded to the office. Out of the cases reported in former issues there  _~ Prothero, G. W. THE AUTHOR. 59 ‘are only three still open. One of these, it is possible, will have to be abandoned owing to the fact that the member resides abroad ; the other two, although the authors are unwilling to follow up their ‘demands by an action in Court, will probably be satisfactorily settled. —_— November Elections. 81, Congoumbruto, Leghorn, Italy. 6, Sidney Terrace, New Road, Ports- mouth, Hants. Wiscombe Park, Coly- ton, Devon. Carmichael Montgomery . Eagleman, E. J. (Colin Conway) Edmonds, Miss Eldridge, Robey F. . Daylesford, Newport, Isle of Wight. Fevez, Miss Coralie Westdale, Streatham, S.W. Firth, C. H. 2, Northmoor Road, Oxford. Madeira Hotel, Shank- lin, Isle of Wight. Spixworth Park, Nor- wich. St. Ives, Cornwall. The Hut, Fairlie, N.B. 24, Bedford Square, Howell, Miss Constance . Longe, Miss Julia G. Marriott, Charles Morgan, Mrs. . WC. Smedley, Miss Constance. 119, Ashley Gardens, BWo Shore, Miss Emily K. 29, Norfolk Mansions, Battersea Park, 8S. W. Sparrow, A. G. Daisy Mere House, Near Buxton. Stirling, Mrs. (Percival 30, Sussex Villas, W. Pickering) Wyatt, DaviesErnest R.J. 7, Bridge Street, Cam- bridge. 20, Kew Gardens Road, Kew. Yosall, J. H., M.P., PENSION FunD. THE Pension Fund Committee held a meeting on Monday, November 2nd, at the offices of the Society, 39, Old Queen Street, Storey’s Gate, in order to deal with the moneys which the trustees had intimated were at their disposal for the allotment of a fresh pension. The Committee granted a pension of £25 a year to Miss Helen M. Burnside, whose work as a writer of verse and whose books for children are well known. Among those who supported her application may be mentioned the following :— Mr. Mackenzie Bell, Miss Rosa Nouchette Carey, Sir A. C. Mackenzie, Miss M. Montresor, Mr. Algernon Swinburne, Mrs. Humphry Ward, Mr. Watts-Dunton, Mr. Arthur Waugh, Mr. W. H. Wilkins, and others. In order to give members of the Society, should they desire to appoint a fresh member to the Pension Fund Committee, full time to act, it has been thought advisable to place in Zhe Author a full statement of the method of election under the scheme for administration of the Pension Fund. Under that scheme the Committee is composed of three members elected by the Committee of the Society, three members elected by the Society at the General Meeting, and the chairman of the Society for the time being, ew officio. The three members elected at the general meeting when the fund was started were Mr. Morley Roberts, Mr. M. H. Spielmann, and Mrs. Alec Tweedie. According to the rules it is the turn of Mr. M. H. Spielmann to resign his position on the Com- mittee. In tendering his resignation he submits his name for re-election. The members have power to put forward other names under Clause 9, which runs as follows :— “ Any candidate for election to the Pension Fund Com- mittee by the members of the Society (not being a retiring member of such Committee) shall be nominated in writing to the seeretary, at least three weeks prior to the general meeting at which such candidate is to be proposed, and the nomination of each such candidate shall be subscribed by, at least, three members of the Society. A list of the candidates so nominated shall be sent to the members of the Society with the annual report of the Managing Com- mittee, and those candidates obtaining the most votes at the general meeting shall be elected to serve on the Pension Fund Committee.” In case any member should desire to refer to the list of members, a copy complete, with the exception of those members referred to in the note at the beginning, can be obtained at the Society’s office. It would be as well, therefore, should any of the members desire to put forward candidates, to take the matter within their immediate consideration. The general meeting of the Society has usually been held towards the end of February or the beginning of March. ‘This notice will be repeated in the January number of The Author. It is essential that all nominations should be in the hands of the secretary before the 31st of January, 1904. o—~<> «- 60 AFLALO AND COOK vy. LAWRENCE AND BULLEN. —1——+ — HIS case came before the House of Lords on November 13th, the defendant company having appealed from the judgments given in the Court of First Instance and in the Court of Appeal to the House of Lords. The facts of the case may be briefly set forth as follows :— The plaintiff, Aflalo, conceived a scheme for the publication of a work to be called “The Encyclo- peedia of Sport.” The defendants determined to adopt the scheme making the plaintiff, Aflalo, editor under an agreement, the chief terms of which were as follows :— That for his editorial services the plaintiff should be paid £500, and a further sum to cover expenses of postage, etc. : That the plaintiff should write, without further fee, 7,000 words as special articles, and contribute all the unsigned articles that might be required. That the plaintiff should be entitled to pursue his literary work so far as it did not interfere with the performance of his editorial duties. That the defendants might determine the agree- ment under certain conditions. Under this agreement the work was produced, and the plaintiff Aflalo contributed an article, entitled “Sea Fishing.” Prior to the commence- ment of the action he was registered as the holder of the copyright. The plaintiff Aflalo, as editor, further arranged with the co-plaintiff Cook, for the latter to contribute certain articles at certain prices on terms contained in a letter dated June 2nd, 1896. The following, omitting the formal parts, is a copy :— “IT am now requested by Messrs. Lawrence and Bullen to definitely ask you to undertake for their forthcoming “Encyclopedia of Sports and Pastimes” the following work. Of the angling article 5,000 words and separate articles of 5,000 each on trout and pike. “The former (angling) we should want in by the middle of July, the two latter will do later. The remuneration will be at the rate of £2 per thousand, payable ordinarily when the work is passed for press, but if you prefer letting us have all the trout and pike articles in by August I understand the publishers will make no difficulty about paying for the whole by October. Will you also see Senior about your share in the angling article, and also let us know if these terms are satisfactory.” These articles were written and appeared in the “Encyclopedia.” Prior to the commencement of the action the plaintiff Cook was registered as the proprietor of the copyright in his articles. In neither of the agreements with the plaintiffs (i.e., the above-mentioned agreement and letter) was there any express stipulation as to the proprietor- ship of or copyright in any of the articles so contributed by them. THE AUTHOR. In 1900 the defendants published a book, entitled “The Young Sportsman,” containing copies of each of the said articles or substantial portions of them. The plaintiffs alleged that such reproduction in- fringed their copyright, and further that it was a publication of the said articles separately or singly within the meaning of section 18 of the Copyright Act. The plaintiffs claimed injunction and damages. The defendants put in issue the allegations of the plaintiffs. They denied that the plaintiffs were the holders of the copyright in the articles, and claimed that an implied term of the agreement between them and the plaintiff Aflalo was that the copyright should belong to the defendants as pro- prietors of the “ Encyclopedia,” or that alternately, the plaintiff became their servant for the purpose contemplated in the agreement, and all the work he did was their absolute property. That the plaintiff Cook was employed by them upon the terms contained in the letter of June quoted above. That the said articles were paid for by the defendants upon the terms contained in the said letter, and that it was an implied term of the plaintiff Cook’s said employment that the copyright in the said articles should belong to the defendants as proprietors of the “‘ Encyclopedia.” They admitted publishing “The Young Sports- man,” and that as they were entitled to do they reprinted therein the said articles or portions thereof. And by way of counter-claim the defen- dants claimed a deévlaration that they were the proprietors of the copyrights in the said articles, and an order expunging from the book of registry the entries whereby the plaintiffs had wrongfully registered themselves as such proprietors and damages and costs. In order to assist further those interested in the judgment we print the portion of the second section of the Copyright Act referred to herein, and the eighteenth section in full :— Section 2. “In the construction of this Act the word. “Book” shall be construed to mean and include every volume, part or division, of a volume, pamphlet, sheet of letter-press, sheet of music, map, chart, or plan separately published.” Section 18. “ When any publisher or other person shall, before or at the time of the passing of this Act, have pro- jected, conducted and carried on, or shall hereafter project, conduct, and carry on, or be the proprietor of any encyclo- pedia, review, magazine, periodical work, or work published in a series of books or parts, or any book whatsoever, and’ shall have employed or shall employ any persons to compose the same, or any volumes, parts, essays, articles or portions. thereof, for publication in or as part of the same, and such work, volumes, parts, essays, articles or portions shall have been or shall hereafter be composed wrder such employ- ment on the terms that the copyright therein shall belong to such proprietor, projector, publisher, or conductor, and paid for by such proprietor, projector, publisher, or con- ductor, the copyright in every such encyclopedia, review, magazine, periodical work, and work published in a series:  THE AUTHOR. 61 of books or parts, and in every volume, part, essay, article, and portion so composed and paid for, shall be the property of such proprietor, projector, publisher, or other conductor, who shall enjoy the same rights as if he were the actual author thereof, and shall have such term of copyright therein as is given to the authors of books by this Act; except only that in the case of essays, articles, or portions forming part of and first published in reviews, magazines, or other periodical works of a like nature, after the term of twenty-eight years from the first publication thereof respec- tively the right of publishing the same in a separate form shall revert to the author for the remainder of the term given by this Act : Provided always, that during the term of twenty-eight years the said proprietor, projector, pub- lisher, or conductor shall not publish any such essay, article, or portion separately or singly without the consent previously obtained of the author thereof, or his assigns : Provided also, that nothing herein contained shall alter or affect the right of any person who shall have been or shall be so employed as aforesaid to publish any such his com- position in a separate form, who by any contract, express or implied, may have reserved or may hereafter reserve to himself such right; but every author reserving, retaining, or having such right shall be entitled to the copyright in such composition, when published in a separate form, according to this Act, without prejudice to the right of such proprietor, projector, publisher, or conductor as aforesaid.” The case in the Court of First Instance was heard on July 81st, 1901, before the Hon. Mr. Justice Joyce, and judgment was given in favour of the plaintiffs on the same date. His lordship’s judgment is reported in the Law Reports, 1902, 1 Ch., p. 264. From this judgment the defendants appealed to His Majesty’s Court of Appeal, and the appeal was heard before the said Court, consisting of Lords Justices Vaughan Williams, Romer, and Stirling upon June 30th and July Ist, 1902, when their lordships took time to consider their judgments. Upon August 11th, 1902, their lordships inti- mated that they desired to hear further arguments -upon the point whether under the circumstances and having regard to the definition of a “ book” in section 2 of the Act and to section 3, the plain- tiffs had any such right as entitled them to main- tain their action—copyright or any other right. And the said appeal was further heard and argued efore the said Court upon December 6th, 1902, when their lordships again took further time to consider their judgments ; and on December 18th, 1902, they delivered judgments differing in opinion, Lord Justice Vaughan Williams delivering judg- ment in favour of the defendants the appellants, whilst Lords Justices Romer and Stirling delivered judgment in favour of the plaintiffs. The plaintiffs accordingly obtained a second decision in their favour. Their lordships’ judgments are reported in the Law Reports, 1903, 1 Ch., p. 318. From this judgment the defendants again ap- pealed to the House of Lords. The appeal was heard on November 13th. Their lordships gave their judgments as follows :— Tue Lorp CHANcELLOR.—My lords, if I had not come to the conclusion that the case is covered by authority I should have desired further time to consider the mode in which I should express the views I entertain. I think it is absolutely impossible, after the decision arrived at just about half a century ago upon this very point, and confirmed as it is by a decision of the Court of Appeal, to render it doubtful what the decision on this appeal ought to be. Ido not deny that there may be—there pro- bably is—a distinction between the inference of fact that would be drawn from the fact that a person had employed another to create something for him if it was a mere material subject and the rule which would apply to literary composition. Although there is a distinction in that respect which ought to be insisted upon, on the other hand, literary compositions are subjects of barter and sale. When a person is employed to create some literary composition, and that involves some- body else spending money for its publication, and incurring the responsibilities and great risk that may attend the publication, it is impossible not to recognise the fact that some of the inferences at all events could have been drawn from those facts of employment and payment which would naturally attach to the payment for something for which another person was employed. It is not a question of law ; it is a question of fact to be derived from all the circumstances of the case what is the nature of the contract entered into between the parties. My lords, I must say I thought that we had arrived at some sort of concurrence by the learned counsel themselves in the course of the argument, that in the construction of the eighteenth section, at all events, there were two propositions that could not be disputed. The first was that the bargain between the parties involving this question of copyright need not be in writing. Secondly, that no express words were necessary in order to constitute the contract, such as it is, contemplated by the statute. I must say I can entertain no doubt that this is one of those inferences which you are entitled to draw, but for which you can lay down no abstract rule. That which may be im- plied in a contract must depend very much on what the contract is—the nature of the contract— and whether or not the written contract displaces every other term whatsoever ; because, in the infi- nite variety of dealings among mankind, there are some things which none would think of expressing in terms, although undoubtedly they would form part of any contract made on such a subject. Now, my lords, as I have said, this case, I think, is concluded by authority, and, therefore, I do not want to re-argue the matter; but I rather concur with what fell from my noble and learned 62 friend Lord Davey, that if this question had not been raised and decided half a century ago, it would have been open to consideration whether or not the eighteenth section did not imply some express contract, at all events, one way or the other ; but where a state of law has been recognised now for half a century and confirmed by the Court of Appeal, it would be, I think, a startling novelty for your lordships to treat that as res integra, which we should determine for ourselves without reference to previous decisions. . My lords, I confess I should feel great hesi- tation in disagreeing with any proposition that had been laid down by such a Court presided over by such Judges as those who decided the case in the Common Pleas, which has been referred to, I think, after the very careful review of those cases that have been brought before your lordships by the learned counsel who very ably and candidly argued this question on the part of the plaintiffs, it is unnecessary to go through the whole of these authorities beyond this: if one looks at that case in the Common Pleas, one sees it was decided upon a special case, and the learned Judges were unanimous in their decision that you could infer a transfer of the copyright from the facts, and then when you look and see what the facts are to which they refer as being those from which a reasonable man would infer it, it is manifest that the question which is raised here, about the possibility of competition, formed no factor in the problem which the learned Judges decided. It is said: “Here is a person who is for the purpose of profit selling to a person who is to adventure and risk his money in the concern, and unless you come to the conclusion as a matter of reasonable inference that the copy- right in the thing so purchased was to belong to him, the result would be that he would get nothing for his money.” My lords, that is a general observation which I think may very properly be made in the abstract. People do not spend money except upon the hypo- thesis that they get something for it, and unless you give to the bargain the effect which the language itself seems to import, that the person who is the projector, the publisher, and who is called “the proprietor,” is to stand in the shoes of the actual author, and if you are to treat it as it has been treated at the Bar here, the truth is the projector, the publisher, and so forth would get nothing for his money, because the whole object of his publication might be defeated the very next day either by the same person to whom he had paid the money, or by any stranger who might obtain the result of if. It seems to me, therefore, that it would be a very unreasonable inference to draw from such a transaction as this, THE AUTHOR. that the person who paid the money was not to have the right which would, as a matter of business in the case of a publisher where he is buying literary compositions, naturally be the thing for which he pays. He is the publisher, not the author ; he goes to the author and buys from him what the author composes. Under these circum- stances, my lords, it seems to me it would be a most unreasonable inference for one to draw from the facts, in proof in this case, if I were not to suppose that the person who paid that money and incurred that risk was not to have the complete right such as the original author would have had if it were not published in this way, to publish it himself. Therefore, my lords, I think the appeal ought to be allowed and the judgment ought to be reversed. ; As I have already intimated, another question has been raised (I mean the words “ separately published”) upon which I propose to give no opinion at all. I therefore propose to leave that question, because it is not necessary to decide it for the pur- poses of the present case. Lorp S#HAND.—My lords, as your lordships have resolved that there shall be no decision given on the question which has been raised under section 2 of the Statute as to the effect of the words “separately published,” there used in regard to the publication of the different articles, with others in an encyclopedia or magazine, I shall say no more than that I am certainly not prepared, from the arguments we have heard, to agree with Lord Justice Vaughan Williams in what he alone has said on that subject. With reference to the case otherwise, I entirely agree with what has fallen from my noble and learned friend on the Woolsack. The question really here to be decided is whether the copyrights have been transferred by the publication from the authors to the publisher. The case is one in which the publisher’s right depends on its being shown that the articles were contributed “on the terms” that the copyright in them should belong to him. Upon that question I think we have important facts to consider. In dealing with it, it has not been disputed, that although the agreement is contained in writing, it is not necessary that the terms as to copyright shall be expressly stated, and where as here there are not express terms, it is enough to create a transfer of the right, if that right be implied from the nature and whole circumstances of the publica- tion, and the arrangement and transaction between the parties. As bearing upon that matter I think in the first place a very important point is that the publisher conceives the creation of the magazine which he publishes as his undertaking for his  THE AUTHOR. profit ; that it is for the purpose of his magazine that the articles are contributed. Again, the articles as so contributed for the purpose of being used in his magazine are given on his employment, and on his payment undertaken and made. Regarding those circumstances together, it appears to me that the articles are contributed on the footing that on payment under such employment they shall become his property. The Statute declares that if transferred on terms having this effect they shall be the property of the proprietor or publisher, who shall enjoy the same rights as if he were the “ actual author thereof.” It appears to me that it would be inconsistent with the notion that they were to become his property as if he were the author and with all the full rights of the author, that there should be still left in the author after payment made to him a property which would enable him to use the same articles in other magazines. This would clearly follow if the appellants’ contention were sound. It would give the publisher little if any benefit for the payment he had made, and I think that circumstance so inconsistent with the result of the payment made in the circumstances as of itself sufficient to show that the practical result of what happened between the parties, having regard also to the clause in the Statute, is that the terms to be inferred are that the copyright should belong to the proprietor or publisher ; and that is to my think- ing, therefore, the inference to be drawn from the contract between the parties. On these grounds, my lords, and concurring with all that his lordship has said upon the authority of the cases in the past, I am of opinion that the decision of the Court of Appeal should be reversed. Lorp Davey.—My lords, I am of the same opinion. If this matter could be regarded ag res integra I think that there would be a great deal to be said for a construction of the eighteenth section such as that which was contended for by the learned counsel in the case which was referred to of Lamb v. Evans, viz., that it was for the publisher or proprietor to prove an agreement that the com- poser or author was employed upon the terms that the copyright should belong to the publisher. But, my lords, any such proposition as that would be inconsistent with the law as laid down in the cases to which my noble and learned friend has referred, of Sweet v. Benning, and the more recent case of Lamb v. Evans. My lords, the law which I understand to be laid down in Sweet v. Benning is that it is not necessary, according to the true constructionof the eighteenth section of the Copyright Act, that you should find an actual agreement that the copyright should belong to the proprietor; nor indeed is it even 63 necessary to find special circumstances which lead to that conclusion. I say so because I find that in the case of Sweet v. Benning the special case upon which the opinion of the Common Pleas was delivered contained a statement that nothing was said between the parties affecting copyright. I can find no special circumstances stated in the special case, and the decision seems to me to have been founded only upon the nature of the employ- ment, the nature of the publication and the relation of the parties, My lords, Mr. Justice Joyce tells us in his judgment: “I decide this case upon the short ground that I see no special circumstance either in the nature of the work or in the terms or in the nature of the employment, from which I can infer, or must infer, that which is not expressed, namely, that the copyright is to belong to the proprietor.” That being so, he says in another passage that the consequence would not be different from what it would be in an ordinary case. Now, my lords, [I do not think that that decision was consistent with Sweet v. Benning or Lamb v. Evans. I think that what the Court has to do is to look at all the circumstances of the case and to say as a jury, what is the inference which you would draw ? or as Lord Justice Bowen puts it in his judgment in Lamb v. Evans, what is the way in which business men would look at the question ? My lords, of course what the inference should be isa matter of fact, and for my own guidance [ adopt the rule laid down by Lord Justice Kay in Lamb v. Evans, as correctly stating what I under- stand to be the law, and therefore I ask myself what is the inference which I am to draw from these circumstances ? The circumstances are that the publisher is minded for his own profit to publish an “ Encyclopedia of Sport” ; he is prepared to spend, and he does spend, a very large sum of money, amounting to some thousands of pounds, upon the enterprise in which he is engaged ; he employs a gentleman to act as editor and also to write some of the articles at a given salary, and through the editor he employs another gentleman named Mr. Cook to write articles for a given remuneration. Those are all the material facts of the case ; and I have to ask myself what is the inference that I draw from those facts. That, I repeat, is a matter of fact and not a matter of law. No doubt one may gain some assistance from the way in which a similar set of facts have been regarded in other cases ; but after all, where it is a question of fact each case must stand upon its own merits. My lords, if I were to express my opinion as a juryman upon the facts I have mentioned, I should say that it was one of the terms on which these gentlemen were employed to write articles for the 64 « Encyclopedia,” that the copyright should belong to the proprietor, and I say so for this reason, ‘The ‘* Encyclopeedia ” was to be his property, it was to be his book, he was to derive the benefit and profit to be derived from its publication ; and therefore I should assume that in buying the articles written by these gentlemen the inference 18 that both parties intended that the proprietor should have the right that was necessary for him to protect the property which he had purchased, and adequately to protect the enterprise for the purpose of which these articles were intended to be used. In my judgment he could not adequately protect the articles which he had purchased, or his property, in the book for the purpose of which the articles were written and purchased, without having the right to prevent an invasion—I hardly like to say of the copyright, but I must say of the copyright in those articles. ‘Therefore the inference I should draw would be the same as was drawn in the cases of Sweet v. Benning and Lamb v. Evans ; and for my part 1 am perfectly prepared to adopt every word of the judgment of Lord Justice Bowen, and that of Lord Justice Kay, as well as the judgments in the earlier cases. If I might choose one passage which I think expresses my meaning in better terms than I could use myself, I ask leave to read this passage from the judgment of Lord Justice Kay : “ What is the fair inference from the facts of the case? Surely the inference is that the man who is to go to the expense of printing and publishing this book will, as between him and the agents he may have employed to assist him in the compilation of it, have in himself whatever property the law will give him in that book. That is the inference I should certainly draw ; and, I think, in this case it is sufficiently clear, in the absence of evidence to the contrary, that the terms of employment of those several agents involved this, that the copyright in the portions of this book which they composed should belong to the owner of the book.” Lorp Rogertson.—My lords, in my opinion this case ought to have been decided on the authority of Sweet v. Benning and Lamd v. Evans, as furnishing a rule of inference applicable to the facts of the present case. I do not think that the conclusion which I sup- port is accurately described as inferring one of three statutory requirements from the existence of two. Whether that inference be legitimate or not must depend on the nature and on the other conditions of the employment ; and the cases to which I refer do nothing to take the question out of the region of fact. Butit is obvious that the facts of employ- ment and of payment stand in a different category from the terms on which employment and payment take place, those terms being necessarily an element THE AUTHOR. or ingredient in the employment, and not a separate or independent fact. Accordingly the view of the two Lords Justices about the three conditions all requiring, by the structure of the section, to be proved, really means that an express agreement about copyright must be proved, or the writer retains the copyright. Unable as I am to accept this view, which is opposed to the decision in Sweet v. Benning, and indeed was not supported by Mr. Scrutton, I am free to consider what is prima facie the proper inference ; and I prefer, on its merits and also from its authority, the inference of Sweet v. Benning. The result has been that the judgments of the two Courts below have been reversed and dis- charged and final judgment given that the action be dismissed with costs, aa ee OUR BOOK AND PLAY TALK. oe ROFESSOR J. E. GORE, F.R.A.S., M.R.LA., who published recently a book entitled “‘ The Stellar Heavens: An Introduction to the Study of the Stars and Nebule” (Chatto and Windus), has in hand a work on the constella- tions, with special reference to the Persian astro- nomer, Al-Sufi’s, “‘ Description of the Fixed Stars,” written in the tenth century. This will probably be published early next year. Professor Gore has also nearly ready for the press a collection of popular articles on astronomical and other scientific sub- jects. Mr. de V. Payen-Payne, Hon. Treasurer of the Modern Language Association, Principal of Ken- sington Coaching College, &c., &c., is compiling a “ Scientific French Reader” for Messrs. Blackie; be is also editing a series of ‘‘Short French Readers’’ for Mr. Nutt, and is correcting Cassell’s “ French Dictionary.” Then the Cambridge University Press will shortly publish an abridgment of Gautier’s “Voyage en Italie,” annotated by Mr, de VY. Payen-Payne. Mr. A. C. Benson has a study of Tennyson (Methuen’s “ Little Biographies”) coming out very soon; also a small selection of “ Whittier,” which is to be published by Messrs. Jack, of Hdin- burgh; while his “ Rossetti’? (Macmillan’s ‘* Men of Letters” series) is in the press. At the end of this year Mr. Benson resigns his mastership at Eton, which he has held for nineteen years, and he will take up, with Viscount Esher, the task of editing ‘Queen Victoria’s Correspondence from 1837—1861.” Major Greenwood, M.D., L.L.B., has a novel in hand. His book, The Law Relating to the Poor  THE AUTHOR. Law Medical Service,” is now being advertised by the medical press. Messrs. Bailli¢re, Tindall and Cox are the publishers of it. : Mr. James Baker, F.R.G.S., F.R.Hist.Soc., is now travelling in the East, and will be making a tour in the Holy Land. Before leaving Clifton he was engaged on a series of topographical articles, and he has completed a novel on Oxford life. He has been writing a great deal on technical educa- tion and technical agricultural education for the Leeds Agricultural College. Mr. Baker is also preparing several lectures for the early part of 1904 on Egypt, Russia, &c. He has lately written, too, an article on the life of Macaulay, using for it some of Macaulay’s hitherto unpublished letters. Mr. Wynford Dewhurst, R.B.A., will publish immediately through Messrs. Newnes & Co. his book, ‘‘ Impressionist Painting.’ Its price is 25s., and it will contain some 50,000 words and about 100 illustrations in monochrome and colours. There will be photographs and short biographies of leading impressionist artists. The whole is the out- come of many years ofart study, of friendships with the impressionist painters, and of strong conviction. Mr. G. B. Buckton, F.R.S., has recently published, through Messrs. Lovell, Reeve & Co., a “ Mono- graph of the Membracide.” The family of insects it treats of is only barely represented in this country. A review of the extraordinary develop- ment of the five hundred insects Mr. Buckton draws and colours is highly suggestive. Professor E. B. Poulton, of Oxford, adds a valuable chapter to illustrate the effects of protective mimicry, which he assigns as the principal cause of these highly specialised forms. This monograph professes to be only pioneering work in an almost unexplored region of entomology —yet the spread of these curious insects is almost world-wide. Their chiefly known homes are the two continents of America, though the Old World is also well represented, We note three important books by members of the Society. There are Lord Wolseley’s two volumes of “ Memoirs,’ just out; there is Sir Gilbert Parker’s “ Old Quebec,” written in col- laboration with Mr. Claude G. Bryan; and there is Mr. EK. K. Chambers’ ‘‘ The Medieval Stage,” in two volumes. Lord Wolseley is an active member of our Society. He wrote an account of the China War in 1860. He is, besides, the author of “The Soldier’s Pocket Book,” which went through several editions ; he has written books on Napoleon, and has contributed numerous articles to the leading magazines of England and America. Then last, but far from least, there are his two volumes on the great Duke of Marlborough, 65 The demand for the eighth edition of Lieut.- Colonel E. Gunter’s “ Officer’s Field Note and Sketch Book and Reconnaissance Aide-Mémoire,” published by Messrs. Wm. Clowes & Son, 23, Cockspur Street, Charing Cross, in August, hag been such that the edition is nearly exhausted. Mr. H. Rider Haggard’s novel, “ Stella Frege- lins,” appears at the beginning of next year. It is a mystical story of modern life. His romance, “The Brethren,” a tale of the Crusades, begins in Cassell’s Magazine next month. Mr. Hagvard is now engaged upon a sequel to “She,” and it will be published in the Windsor Magazine in due course. Sydney C. Grier is at present finishing a his- torical novel, which Messrs. Blackwood hope to publish in the spring. It is called “The Great Proconsul,” and deals with the Indian career of Warren Hastings, from his marriage in 1777 to his return to England in 1785. The story is told in the first person by an inmate of his household, and aims at bringing out the lighter and more domestic side of his character, which is necessarily almost overlooked in the formal bio- graphies, while preserving the historical background intact. It is ten or twelve years since Sydney C. Grier began to collect the materials for this book, and for the past two years she has devoted herself to it exclusively, studying as little as possible the modern books written about Hastings, and as much as possible the immense mass of contemporary material still extant. Madame Albanesi is engaged on a novel, which, after serial production here, and in the United States, will be published in book form by Messrs. Methuen & Co. in England, and Messrs. McClure, Phillips & Co. in America. Madame Albanesi is also just finishing a series of stories for Zhe Onlooker, which are now running. Further, she is at work on a play—the dramatisa- tion of one of her own books—and she has certain serials to finish, which appear either anonymously or under a pen-name. The title of Miss Jean Middlemass’s novel “ Till Death Us Do Part” has been altered to “ Ruth Anstey,” owing to the fact that the former title has already been used, Mrs. Edith E. Cuthell’s new story for children will run as a serial in Cassell’s Little Folks in the last half of next year. Mrs, Cuthell, as in her early work “ Only a Guardroom Dog,” now in its second edition, tells of the life of an officer’s children and their pet. But the scene is now laid in India, and in the more remote and thrilling days of the Mutiny. The adventures are exciting, but all ends happily. Mr. F, Anstey has written a story for children 66 called “ Only Toys.” It contains numerous illus- trations by Mr. H. R. Millar, and tells how Santa Claus gave the gift of speech and movement to the toys belonging to a little boy and girl who con- sidered themselves too big and far too clever to play with them. Mr. Grant Richards is the publisher of “Only Toys.” . yes. Bright,” by Miss Montgomery-Campbell (Jarrolds, 1s. 6d.), a book of heroic deeds for lads, dedicated to the Church Lads’ Brigade, has just been published, and has received favourable notices from the provincial press. ‘The second edition of “Qld Days in Diplomacy,” which Miss Montgomery- Campbell was instrumental in bringing before the public, and for which she wrote a preface, is being widely read, and has been warmly praised by diplomatists. : Mrs. E. M. Davy’s new book of stories, “ Seven of Them,” was published the other day. All the tales contained in the volume have appeared in good English and American serials. Two of Miss R. N. Carey’s recent books, “ Rue, With a Difference,” and “Heart of Grace,” have been published in cheap standard editions. “A Passage Perilous” is being issued in Baron Tauch- nitz’s Continental series. a ov Norley Chester’s new book, “ Cristina,” is just out. It is published by Messrs. Swan Sonnen- schein. Messrs. Kegan Paul, Trench, Triibner & Co. have ready a new and cheaper edition of Mr. Austin Dobson’s ‘The Ballad of Beau Brocade, and Other Poems of the XVIIIth Century,” with fifty-five illustrations by Hugh Thomson, price 2s. 6d. net, and 3s. 6d. net. There is a special edition, limited to 250 copies, with all the illustrations coloured by hand, at 12s. net. In his “ Fanny Burney” (Messrs. Macmillan’s “ English Men of Letters ” series), Mr. Dobson has given us a study of the surroundings in which that famous novelist was brought up ; there is a detailed account of Evelina and Cecilia; and a condensed account of George III.’s Court as Miss Burney saw it, including a touching picture of the king’s madness. Owing to the success of Mr. Powis Bale’s work, “A Handbook for Steam Users,” Messrs. Crosby Lockwood & Son will publish immediately a com- panion volume entitled “Gas and Oil Engine Management.” Mr. A. B. C. Merriman Labor, of the Colonial Secretary’s Office, is issuing this month the second edition of his handbook on Sierra Leone for 1904 and 1905. It is a treasury of information relating to the Colonial and municipal governments, trade, religion, education, army and navy, and every con- ceivable matter of interest connected with the Colony and its Protectorate. Its price is 3s. net, THE AUTHOR. and the publisher is Mr. John Heywood, of Man- chester. The American Register, published weekly in Paris and London (13, Rue Tronchet, and 20, Hay- market, W.), has decided to include each week a Supplement of Sports, without extra charge. Its rice is 1d. Mr. Haldane Macfall spent some three years over his novel, “The Masterfolk,”” published a short while ago by Mr. Heinemann. Curiously enough both Mr. Wells and Mr. Bernard Shaw touch close on the heels of the idea embodied in “The Masterfolk.” It is in the (psychic) air, no doubt. Oddly enough, Mr. Macfall’s first title, “ A Strenuous Life,” was filched, all unwitting, by the President of the United States; and the second one, “ Youth,” was taken in all ignorance by Mr. Conrad. The main scheme of the book is that of a youth and maiden of to-day awaking into the modern idea and the modern thought: old ideas lie crumb- ling, new ideals are all untried, and the two move forward with all the splendid insolence of youth to try them. To quote his own words :— “T look upon the novel as the great literary means of artistic expression to-day ; not as a mere tale, or a cold, polished marble unity, but as a splendid artistic instrument in which the prose of each chapter should leap to the mood of the idea expressed, moving in slow cadence of prose to the solemn mood, and skipping light-footedly to the jigging, lyrical emotions. . . . Well, in some hundred movements, or chapters if you will, I have tried to give emotionally the lives of this pair of humans, with the secondary harmonies of others, moving to the goal in which they would find the meaning of life.” Mr. Macfall is now at work on a comedy “ of the rollicking high-comedy complexion.” “‘My Lady’s Favour” is the title of a (one-act) Little Comedy in black and white, by Mary C. Rowsell and E Gilbert Howell. It is published by Samuel French, Limited, 26, Southampton Street, Strand. Miss Rowsell has also published two musical fairy-extravaganzas for private perform- ance, and “ Richard’s Play.” This last was written with Mr. Joseph J. Dilley. Mr. George Alexander will return to the St. James’s Theatre on January 28th, and will start with “ Old Heidelberg.” It stands at present that Mr. Tree will produce the Japanese play, “The Darling of the Gods,” on the 28th inst. Miss Lena Ashwell will take the part of Yo-San. Mr. Arthur Bourchier will produce Mr. J. L. Toole’s version of “‘The Cricket on the Hearth,” at the Garrick for a Christmas run. The music is by Mr. Edward Rickett. Mr. Seymour Hicks’ new musical play “The Cherry Girl” is to be produced at the Vaudeville on or about the 10th inst.; and Messrs. Seymour  THE AUTHOR. 67 icks and Ivan Caryll’s new musical play “The Ouy Gil” is to be plied at the Adelphi on 7th inst. ae date Mr. E. 8. Willard will revive “The Professor’s Love Story” at the St. James’s re. Tye Sideraand that Captain Basil Hood’s new comedy, “ Love in a Cottage,” will be produced at Terry’s Theatre early in 1904. When Miss Lena Ashwell was the guest of the New Vagabonds’ Club last month, Mr. A. E. W. Mason presided ; and amongst those present were Mr. and Mrs. Anthony Hope, Mrs. Arthur Stannard, Mrs. Heron-Maxwell, and Lady Colin Campbell. Mr. Haddon Chambers is in New York super- intending the rehearsal of his new play “The By- Path,” which is to be produced by Miss Annie Russell. —_—_ +o o-_ PARIS NOTES. +--+ HE literary season has begun in good earnest, and it is very evident that French authors have not all been holiday-making, as every week brings us a long list of new books, and the announcement of many new plays. Among the most interesting of the novels which have appeared during the last month is “Guilleri Guilloré,” by M. Charles Foley. The author has succeeded, as usual, in getting the atmosphere of the times about which he writes into his book. It is a novel which, though not precisely historical, treats of historical personages. The scene is laid in La Vendée, that heroic province of France, the history of which M. Foley has studied so thoroughly that he is now considered one of the greatest authorities on the subject. The plot of this new novel is based on an episode connected with the last of the Legitimist con- spiracies of 1832. ‘The famous Duchess of Berry has returned from exile and landed on the French coast, hoping to excite a movemeni i favour of her son. She finds friends in ua Vendée who are willing to risk their fortunes and even their lives in the cause of the young prince. The exploits of the courageous and fascinating young duchess, her wanderings in disguise, and her hairbreadth escapes are graphically described by M. Foley. Guilloré is a young aristocrat who, thanks to his fallen fortunes, political opinions, and the troubled times in which he lives, is separated from his fiancée. He, too, in his wanderings through La Vendée, takes his life in his hands, for, although he is not in the conspiracy, he runs the same risk ag the duchess, whom he meets disguised as a young man. He recognises her, but is too chivalrous to let her know this until he has escorted her in safety to her destination. The whole story of the political intrigue and the treachery of the man who betrays her is woven into M. Foley’s novel. From the first page to the last the book is captivating, with its melancholy Vendean atmo- sphere and its well-defined types of aristocrat, bourgeois and peasant. Most dramatic, too, are many of the incidents, and intensely so the scene in the street, when the duchess has been captured and is being led on foot through a dense crowd of spectators. Guilloré and his fiancée are there, too, watching with deep pity and dreading lest any word of insult should be uttered by the people. When the duchess reaches him, Guilloré, alone in all that vast assembly, takes off his hat and stands bareheaded as she passes by. The effect of his action is instantaneous, and all the men with one accord “in dead silence follow his example, moved with a feeling of respect and pity for the vanquished heroine.”’ “T’Hau souterraine,” by MM. Paul and Victor Margueritte, can scarcely be called a novel. It is a most charming psychological study woven into a romance. Aicha is the daughter of an Arab chief who has been compelled to submit to French rule. On seeing that further rebellion is in vain, he not only bows to the inevitable but he deter- mines to make the best of it. He is soon on friendly terms with his conquerors, who find him most useful in his native country, so that as time goes on he is able to take a high official post under the new dispensation. In order to flatter the French he educates his little girl in the European way, with the result that she marries one of the French officers. The great interest of the book lies in the conflict waged in the Arab soul between the great force of atavism and the new interests which come into the girl’s life. With her native intelligence and tact she is able to take her position as an officer’s wife in French society, and, through her deep affection for her husband, she becomes as it were a French- woman at heart. But when through a terrible catastrophe she is suddenly left a widow, the bond is snapped which has held her to her adopted country, and she returns to her native land to finish her days as an Arab woman. It is the dme invisible which is the “Eau souterraine,” as the author explains most poetically at the close of the book. “Une source vive jaillit de la terre... Elle orne la montagne et vivifiela plaine . . . Soudain, source, ruisseau, riviére, l’eau qu’on voyait a dis- paru . . . Mais tout & coup, a quelques kilometres ou & quelques lieues, l’eau qu’on croyait perdue, de nouveau surgit Ame invisible, eau souterraine.” 68 “T’Enfant 2 la Balustrade,” by M. René Boy- lesve, is another delightful story without any strong plot. It treats of provincial life and is supposed to be told by a boy. We can only say that, considering his age, the boy was marvellously observant and philosophical. It is the history of a certain M. Nadaud, a notary, in one of those country towns where everyone attends to his neigh- bour’s affairs. M. Nadaud is unfortunate enough to offend the great man of the town by purchasing a house which the said great man had intended to buy. This apparently simple incident is the great theme of the book. The notary has to endure all kinds of tribulations and humiliations, and we are introduced to nearly all the inhabitants of the town, for the silent quarrel between the wealthy man who keeps open house, and Monsieur Nadaud is a great and momentous event in which every person for miles round is concerned. _ M. Boylesve excels in these provincial sketches, and succeeds admirably in taking his reader away from the rush and turmoil of city life to little, out- of-the-world places, where the inhabitants are entirely taken up with their own small interests and rarely give a thought to what is happening beyond the boundary of their own town. Madame Gautier has published the new volume of her Memoirs as the “ Second Rang du Collier.” This second volume is, perhaps, even more interest- ing than the first one. Another book of souvenirs which will be read with pleasure is “ La Cour et la Société du Second Empire,” the second series of which M. James de Chambrier has just published. There are in all about forty chapters, containing anecdotes and impressions, collected by the author, about the various literary men, artists and histori- cal personages of that epoch. There is a chapter on “ Thiers et Jules Simon,” another on “ Duruy et Napoléon III.,” some interesting notes about Gambetta Pasteur, Caro et l’Impératrice, the “Salons of Mme. Aubernon and Mme. Adamand,” various anecdotes in connection with the Embassies. Among the persons of interest who figure in this book are also Gounod, Sardou, Sarcey, Octave Fenillet, Mérimée, Augier, Rosa Bonheir, Sainte- Beuve, Renan, Lamartine, Coppée, Dumas, Georges Sand, Maupassant, Balzac, Rachel, Madame Patti, Alphonse Daudet, and many others. “Monsieur de Migurac, ou Le Marquis Philo- sophe,” by M. André Lichtenberger, is the story of the life and adventures of a “ gentilhomme péri- gourdin,” born in the year 1741, and is curious as a study of habits and customs. “Ernest Renan en Bretagne” is a new bio- graphy compiled by M. René d’Ys. M. Anatole France has also published, in pam- phlet form, an excellent résumé of the work of Ernest Renan. It is in reality the “Discours” THE AUTHOR. pronounced by M. France on the occasion of the inauguration of Renan’s statue at Tréguier, and gives an admirable idea of the great savant, both as a man and as a conscientious thinker and writer. “Forces Perdues ” is the title of the new volume by Pierre Baudin. “ Petites Confessions,” by M. Paul Acker, will appeal to amateurs of what is generally known as “literary gossip.” The volume consists of a series of articles entitled “ Visites” and “ Portraits Littéraires,” which have appeared in one of the Parisian dailies. Among the most interesting articles in the French Reviews are the following :— In the Revue des Deux Mondes—“ La Facheuse Equivoque,” a criticism by M. Brunetiére of “La Religion d’autorité et la Religion de I’ esprit.” The “ Correspondance inédite de Sainte-Beuve ” is also being continued in this review, and the serial story by Mrs. Humphry Ward, “ La Fille de Lady Rose.” Another serial translated from the English is “ Anticipations,” by H. G. Wells, in La Grande Revue. In this review there is an excellent article by M. C. Bouglé, ‘Contre le Darwinisme social ” (Les Conditions humaines de la lutte pour la vie). In La Renaissance Latine there ig an article by M. Loiseau on “La Russie et les réformes intérieures,” - In La Revue, M. d’Estournelles de Constant writes on “Le Mouvement pacifique,” and speaks in the highest terms of M. Roosevelt. There is also an article with some telling statistics, by M. Lefévre, entitled, “ Comment reconquerir la beauté, la force et la santé.” “Les Anglais dans le roman francais moderne” is the title of an article by M. Leblond in the same review. The Weekly Critical has opened an enquiry on “Le Roman contemporain,’ and publishes the letters of Madame Daudet, M. de Régnier, M. Boylesve, Rachilde, and M. Albert Cim on the subject. The great theatrical events of the month have been the production of the two plays, “L’Adver- saire,” by MM. Capus and E. Aréne, and “ Jeanne Vedekind,” by M. Philippi. In the latter piece Mme. Sarah Bernhardt plays the part of a mére tragique to perfection, proving once more that a true artiste can adapt herself to any réle. “L’Adversaire” is an immense success, both from a literary and dramatic point of view, and M. Guitry scores another triumph. M. Antoine has been playing “La Guerre au Village,” by M. Trarieux, which is more or less a political piece.  en M. Bour has been fortunate in securing the play by M. Jacques Richepin, “ Cadet Roussel,” as it seems likely to have a long run, and M. Richepin is also fortunate in having his piece interpreted by an artiste of M. Bour’s talent and ability. The result of the differences between M. Porel and Mme. Réjane will probably be to change the Vaudeville programme considerably, and it is rumoured that Mme. Réjane will take a theatre of her own. As regards the success of a play, judged by a long run, we have an example in M. Pierre Decourcelle’s “ Deux Gosses,” (“ Two Little Vaga- bonds.”) A short time ago the author feted the thousandth representation of this piece, and since then it has been given a hundred times more. Reckoning the representations in countries for which it has not been sold outright, the piece has been played more than ten thousand times. Mile. Héléne Réyé, who created the réle of Clandinet, and played it 750 consecutive nights, is taking the same part now that it has been put on again. She has since then created Gavroche, in “Les Misérables,” and is certainly inimitable as the Parisian street arab. There are several important plays now being rehearsed, among‘others “ Le Retour de J érusalem ” and “ L’ Absent.” Auys HaLLArD. —____——_+—>—_-_ “C.K. 8.” AND THE SOCIETY. — EMBERS of the Society will recollect that in the November number of Zhe Author a case was reported, in which Mr. John Long was the defendant, relating to a lost MS., and a reply was made to some comments there- on printed in The Sphere by the writer signing himself “C. K. 8.” In the number of The Sphere for the 14th of November “CO. K. 8.” returned to the action of the Society in the case, in a statement of consider- able length, which occupied a column and a half, and contained over 1,100 words, comprising a number of inaccuracies and incorrect inferences both in fact and in law. Consequently, on November 20th the Secretary of the Society addressed to the Editor of a letter correcting some of the more material errors into which “C, K. 8.” had fallen. For brevity’s sake, minor matters, such as the statement that “C. K. S.,” who had no personal acquaintance with the publisher, happened to be in Court, whereas the case was heard in Chambers— THE AUTHOR. 69 where only those engaged in the suit or friends of the parties could be present—were not noticed. The letter was in the following terms :— S1r,—It is needless for me to discuss the article over the signature of “ C, K. 8.” in the issue of The Sphere of Novem- ber 14th point by point, as the statement of the case already put forward in the November number of The Author answers sufficiently the major parts of the arguments, There are some points, however, which must be corrected. 1. On the question touching the value of the plaintiff's literary productions ; she received £50 and not £30 as stated in your paper for her MS. There was ample evidence besides of acceptances and payments and of the value of her work. 2. The MS. was handed in at Mr. Long’s office to a gentleman whom the author was told was Mr. Long, and accepted for consideration without conditions. The alleged condition which you have printed in full cannot affect the arrangement, as the letter containing it was sent to the author subsequently. 3. I regret to state that you are entirely misrepresenting the facts when you say that I have made an incorrect statement of the evidence. The facts were obtained from the learned counsel who acted on behalf of the Society, and if anything the statement does not put the matter suffi- ciently in our favour. It is true that the Manager of the London Parcel’s Delivery Company stated that he did not sign for every parcel received, his reason being that people did not necessarily demand a receipt, but he produced his day sheet on which the name and address of every parcel coming into the office is entered. The date and the name of the receiving office had already been furnished by the publisher himself, and on the day sheet of the office on the date mentioned no parcel addressed to the plaintiff was entered. It is the essence of the case that the evidence produced by Mr. Long entirely failed to satisfy the learned master that the parcel was despatched, indeed his own counsel admitted this. The object of the Society is not, as you suggest, to spend. its money on the petty persecution of publishers, but one of its objects is to have the legal relations between authors and editors or publishers definitely settled in as many points as possible. I remain, Yours faithfully, (Signed) G. HERBERT THRING. Readers will gather from the Secretary’s letter the nature of the main statements he thought it expedient to notice, while any members of the Society who wish to refer to the number of The Sphere containing them can do so at the Society’s office. The Editor of Zhe Sphere has not thought fit to publish this letter, as he had, on the 24th of November, undertaken, in writing, to do. The ground he alleges is that “it is too long for publi- cation,’’ to say nothing of being rather “truculent.” He has preferred to give a partial paraphrase of it so as to suit his own argument. Of the truculence of the letter readers can judge for themselves. As to its length, it contains 388 words: is therefore a third of the length of the article to which it was a reply. In his final note, published in Zhe Sphere of the 28th of November—in which the Secretary’s letter was not published—“C. K. 8.” sets out his 70 indictment against the Society in the following erms :— “T urge that the Society has no business what- ever to persecute publishers over the question of the return or non-return of MSS., and, further, that the Society itself has a rule which com- pletely stultifies its action to the effect that it does not hold itself responsible for the safe return of manuscripts sent to it.” We can one suppose that in “CO. K. 8.’s” dic- tionary “persecute” is defined as equivalent to “enforce legal responsibilities,’ while his reference to the rule of the Society seems to prove that he still fails to understand the legal position and the bearing of the facts on this position. To insert into a contract conditions made subsequently at the will of either party is neither legally nor morally justifiable. : “C. K.8.” further illustrates the confusion of his mind on legal matters by referring to the case of Aflalo ». Lawrence and Bullen, as an action that has the appearance of a “legal vendetta ”— to say the least, a fantastic description of a case in which three judges decided on one side against five on the other, and which owed its carriage through three Courts to the action, not of the Plaintiff, but of the Defendants. We are convinced that the majority of the mem- bers of the Society will not grudge the expenditure which has led to a final decision on a point of law so obscure and so important to every British Author. ————_ + THE CONTRACT OF BAILMENT. ——+-—<— HE question of the responsibility of editors 8 and publishers for MSS. left or sent to their offices is one that is constantly recurring, An interesting case against Mr. John Long which bears on this subject has been published, but it may be of profit to consider the matter from @ more general point of view. We have before us a letter from one editor who distinctly states that he is not responsible—we do not know on what facts he bases his deductions— and another editor referring to the case above quoted made the following statement: “It is extraordinary that an author may plant MSS, un- invited upon an editor or a publisher, actually leaving them at his offive, and that the editor or publisher should be in any way responsible for their safe return,” and goes on to say, on the authority of some lawyer (name not mentioned), “that if the publisher had not invited the delivery of the MS. he does not believe he would be legally responsible for its safe return.” THE AUTHOR. This last statement is, of course, begging the question, the real point being whether the pub- lisher or editor invites MSS. from authors or not— either expressly or impliedly. What is the general rule ? Is it possible to maintain that a publisher or an editor with an advertised address does not set himself up as a mark at which authors should aim their MSS.; can it be maintained that an editor or a publisher is merely a gratuitous bailee, and that he does not receive and deal with MSS. for his own benefit, though put forward unsolicited ? Would not any editor be greatly hurt if he did not receive the opportunity of considering, with a view to publication, the MSS. of his best friend—some popular author—if the author put forward the reason that the editor shunned responsibility ? Let us reverse the argument. Is there any publisher who lives by publishing books that come to him as the result of his written orders only, or is there any editor who issues his magazine com- posed of nothing but ordered articles? In the case of the publisher the answer must be absolutely in the negative. In the case of the editor of a magazine or newspaper it may be that one, or perhaps two, out of many hundreds never print any but solicited articles. If, then, this is the case, if MSS. are sent in for the benefit of the publisher or editor as well as the author, then the publisher or editor must be more than a mere gratuitous bailee. The bailment must be considered for the benefit of both parties. Some editors and publishers try to rid them- selves of their responsibility, legal or moral, by a process of bluff, others by placing notices some- where in their papers—in some cases in fairly conspicuous positions, in others mixed up amongst the advertisements, where an author would hardly see them. The Society has taken counsel’s opinion with regard to this custom of inserting notices and the responsibilities of the editors under these notices. Counsel is of opinion that if the author knew of the notice the MS. would be considered to be sent up subject to the terms contained in that notice, but it would lie with the publisher or editor to prove that the author was cognisant of the terms. If the author was not cognisant of the notice, then the question would arise under the facts already put forward. Is a MS. sent in for the benefit of both parties or not ? Under the present custom the question is beyond doubt that the MS., though unsolicited in express terms, is clearly sent in for the benefit of both parties. Under these circumstances the publisher or editor is more than a mere gratuitous bailee, and would be responsible accordingly. GQ. BT.  WARNINGS TO THE PRODUCERS OF BOOKS. ERE are a few standing rules to be observed in an agreement. There are four methods of dealing with literary property :— I. Selling it Outright. This is sometimes satisfactory, if a proper price can be obtained. But the transaction should be managed by a competent agent, or with the advice of the Secretary of the Society. Il. A Profit-Sharing Agreement (a bad form of agreement). In this case the following rules should be attended to: Ci.) Not to sign any agreement in which the cost of pro- duction forms a part without the strictest investigation. (2.) Not to give the publisher the power of putting the profits into his own pocket by charging for advertisements in his own organs, or by charging exchange advertise- ments. Therefore keep control of the advertisements. 3.) Not to allow a special charge for ‘office expenses,” unless the same allowance is made to the author. (4.) Not to give up American, Colonial, or Continental rights. (5.) Not to give up serial or translation rights. (6.) Not to bind yourself for future work to any publisher. As well bind yourself for the future to any one solicitor or doctor ! IiI. The Royalty System. This is perhaps, with certain limitations, the best form of agreement. It is above all things necessary to know what the proposed royalty means to both sides. It isnow possible for an author to ascertain approximately the truth. From time to time very important figures connected with royalties are published in Zhe Author. IY. A Commission Agreement. The main points are :— (1.) Be careful to obtain a fair cost of production. (2.) Keep control of the advertisements. (3.) Keep control of the sale price of the book. General. All other forms of agreement are combinations of the four above mentioned. Such combinations are generally disastrous to the author. Never sign any agreement without competent advice from the Secretary of the Society. Stamp all agreements with the Inland Revenue stamp. Avoid agreements by letter if possible. The main points which the Society has always demanded from the outset are :— (.) That both sides shall know what an agreement means. (2.) The inspection of those account books which belong tothe author. We are advised that this is a right, in the nature of a common law right, which cannot be denied or withheld. (3.) Always avoid a transfer of copyright. ——————_ + WARNINGS TO DRAMATIC AUTHORS. ee EVER sign an agreement without submitting it to the Secretary of the Society of Authors or some com- petent legal authority. 2. [t is well to be extremely careful in negotiating for the production of a play with anyone except an established manager. THER AUTHOR. 71 3. There are three forms of dramatic contract for plays in three or more acts :— (a.) Sale outright of the performing right. This is unsatisfactory. An author who enters into such a contract should stipulate in the contract for production of the piece by a certain date and for proper publication of his name on the play-bills. (b.) Sale of performing right or of a licence to perform on the basis of percentages on gross receipts. Percentages vary between 5 and 15 per cent. An author should obtain a percentage on the sliding scale of gross receipts in preference to the American system. Should obtain a sum inadvance of percentages. A fixed date on or before which the play should be performed. (¢e.) Sale of performing right or of a licence to perform on the basis of royalties (i.c., fixed nightly fees). This method should be always avoided except in cases where the fees are likely to be small or difficult to collect. The other safeguards set out under heading (0.) apply also in this case. 4. Plays in one act are often sold outright, but it is better to obtain a small nightly fee if possible, and a sum paid in advance of such fees in any event. It is extremely important that the amateur rights of one-act plays should be reserved. 5. Authors should remember that performing rights can be limited, and are usually limited, by town, country, and time. This is most important. 6. Authors should not assign performing rights, but should grant a licence to perform. The legal distinction is of great importance. 7. Authors should remember that performing rights in a play are distinct from literary copyright. A manager holding the performing right or licence to perform cannot print the book of the words. 8. Never forget that United States rights may be exceed- ingly valuable. ‘'hey should never be included in English agreements without the author obtaining a substantial consideration. 9. Agreements for collaboration should be carefully drawn and executed before collaboration is commenced. 10, An author should remember that production of a play is highly speculative: that he runs a very great risk of delay and a breakdown in the fulfilment of his contract. He should therefore guard himself all the more carefully in the beginning. 11. An author must remember that the dramatic market is exceedingly limited, and that for a novice the first object is to obtain adequate publication. As these warnings must necessarily be incomplete, on account of the wide range of the subject of dramatic con- tracts, those authors desirous of further information are referred to the Secretary of the Society. He WARNINGS TO MUSICAL COMPOSERS, —_1—~@—+ —. ITTLE can be added to the warnings given for the assistance of producers of books and dramatic authors. It must, however, be pointed out that, as a rule, the musical publisher demands from the musical composer a transfer of fuller rights and less liberal finan- cial terms than those obtained for literary and dramatic property. The musical composer has very often the two rights to deal with—performing right and copyright, He 72 should be especially careful therefore when entering into an agreement, and should take into particular consideration the warnings stated above. ———— oo HOW TO USE THE SOCIETY. — i VERY member has a right to ask for and to receive K advice upon his agreements, his choice of a pub- lisher, or any dispute arising in the conduct of his business or the administration of his property. | The Secretary of the Society is a solicitor, but if there is any special reason the Secretary will refer the case to the Solicitors of the Society. Further, the Committee, if they deem it desirable, will obtain counsel's opinion. All this without any cost to the member. 2. Remember that questions connected with copyright and publishers’ agreements do not fall within the experi- ence of ordinary solicitors. Therefore, do not scruple to use the Society. 3. Send to the Office copies of past agreements and past accounts, with a copy of the baok represented. The Secretary will always be glad to have any agreements, new or old, for inspection and note. The information thus obtained may prove invaluable. 4. Before signing any agreement whatever, send the document to the Society for examination, 5. Remember always that in belonging to the Society you are fighting the battles of other writers, even if you are reaping no benefit to yourself, and that you are advancing the best interests of your calling in promoting the independence of the writer, the dramatist, the composer. 6. The Committee have now arranged for the reception of members’ agreements and their preservation in a fire- proof safe. The agreements will, of course, be regarded as confidential documents to be read only by the Secretary, who will keep the key of the safe. The Society now offers : —(1) To read and advise upon agreements and to give advice concerning publishers. (2) To stamp agreements in readiness for a possible action upon them. (3) To keep agreements. (4) To enforce payments due according to agreements. Fuller particulars of the Society's work can be obtained in the Prospectus. 7. No contract should be entered into with a literary agent without the advice of the Secretary of the Society. Members are strongly advised not to accept without careful consideration the contracts with publishers submitted to them by literary agents, and are recommended to submit them for interpretation and explanation to the Secretary of the Society. 8. Many agents neglect to stamp agreements. This must be done within fourteen days of first execution. The Secretary will undertake it on behalf of members. : 9. Some agents endeavour to prevent authors from referring matters to the Secretary of the Society ; so do some publishers. Members can make their own deductions and act accordingly. 10. The subscription to the Society is £1 41s. per annum., or £10 10s. for life membership. THE AUTHOR. THE READING BRANCH. . —_—— EMBERS will greatly assist the Society in this VI branch of its work by informing young writers of its existence. Their MSS. can be read and treated as a composition is treated by a coach. The term MSS. includes not only works of fiction, but poetry and dramatic works, and when it is possible, under special arrangement, technical and scientific works. The Readers are writers of competence and experience. The fee is one guinea. a 0 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 5s. 6d. subscription for the year. Communications for Zhe Author should be addressed to the Offices of the Society, 39, Old Queen Street, Storey’s Gate, 8.W., and 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. ——_+——_—____—__ Communications and letters are invited by the Editor on all subjects connected with literature, but on no other subjects whatever. Every effort will be made to return articles which cannot be accepted. ——> + — The Secretary of the Society begs to give notice that all remittances are acknowledged by return of post, and he requests members who do not receive an answer to important communications within two days to write to him without delay. All remittances should be crossed Union Bank of London, Chancery Lane, or be sent by registered letter only. a THE LEGAL AND GENERAL LIFE ASSURANCE SOCIETY. —— N offer has been made of a special scheme of Endowment and Whole Life Assurance, admitting of a material reduction off the ordinary premiums to members of the Society. Full information can be obtained from J. P. Blake, Legal and General Insurance Society (City Branch), 158, Leadenhall Street, B.C.  of “ 4 THE AUTHOR. 73 AUTHORITIES. Se En ie seh a Tue case of Aflalo and Cook v. Lawrence and Bullen has now been finally decided. Judgment was given in the House of Lords on November 13th, and is fully reported in another part of The Author. We feel sure that members of the Society will be glad that a point of Copyright Law of genuine interest to all writers has been decided. The Committee took up the question when it first came before them—after full consideration and on the advice of Counsel—as a matter of principle, the amount of money involved being small. In the Court of First Instance the plaintiffs were successful. If the case had gone against the Society it is an open question whether the Committee would have considered it sufficiently important to carry to a higher Court, but in the circumstances there was no choice, as the defendants, against whom the judgment stood, took the matter to the Court of Appeal. Here, the plaintiffs, Messrs. Aflalo and Cook, again obtained a judgment in their favour by the opinions of two judges against one. Lord Justice Romer and Lord Justice Stirling decided against the appellants, Lord Justice Vaughan Williams dissenting. The appellants were not satisfied, and determined to take the verdict of the last appeal—the House of Lords. Again the Com- mittee had no choice: they were bound to go on with the case. In the House of Lords the judges were unanimously in favour of the appellants, and the Society therefore became responsible for the costs. Apart from this incident, which is of course unfortunate, the Committee see no reason to regret their action, which will, they feel confi- dent, receive the support of the members. The ease has resulted in the elucidation of an important and difficult point of copyright law : how difficult may be judged by the fact that the matter was decided by the smallest majority possible out of eight judges before whom the case was argued, that is by five against three. This alone proves the need there was for a definite deeision, and justifies the action of those who were of opinion that it was a proper case to fight in the first instance. It may be well to add that of the many cases which have received the support of the Committee this is the first in the Superior Courts in which judgment has been given adverse to the Society. We hope in a subsequent number of The Author to give in detail the alterations that it will be necessary for members of the Society to make, owing to the decision, in their methods of marketing their literary wares. Mempers of the Society will no doubt remember that some months ago the Committee made, through a letter signed by Mr. George Meredith, their President, and the Chairman, an appeal to the public for a sum sufficient to enable them to hand over a replica of the Besant Memorial about to be unveiled in the crypt of St. Paul’s, to the London, County Council, in order that it might, under their auspices, be erected in some suitable site on the Thames Embankment. The appeal thus made has produced substantial results, but a further sum of about £40 is required to enable the proposal adequately to be carried out. There are, it is believed, many members of the Society who would be glad to see such a public recognition of an important side of Sir Walter Besant’s active life, his love of London and efforts for its improvement. A Memorial in St. Paul’s can at best be seen but rarely and by comparatively few, and this considera- tion has had weight not only with the Committee, but also with the sculptor, Mr. Frampton, who is ready to provide the duplicate at what is practically cost price. Remittances should be made payable to The Secretary, the Society of Authors, 39, Old Queen Street, Storey’s Gate, S.W. A list of subscribers will be published in a subsequent issue. WE have before us a circular sent out by the Authors’ Association, of which the Central Offices are at Darlington, and Mr. Galloway Kyle is the Secretary, inviting authors or intending authors to become members. This is the association to which reference was made in our number for April (1903). Its title easily lends itself to confusion with our Society. We therefore think it well to warn our readers against any possible mistake. ' The fact that a well known publisher is a Vice- President of the Authors’ Association is perhaps sufficient evidence of the distinction of aims between the two bodies. WE are glad to see that the corporation of Portsmouth have acquired the birthplace of Charles Dickens with the intention of retaining it as a permanent museum of “ the relics, manuscripts, and writings of the great author.” This is an interest- ing fact, and speaks well for the increasing popu- larity of one whose reputation as a writer was stated by common report to be fading. Though we applaud  74. the action of the corporation in the case of Charles Dickens, we think the purchase of houses of celebrities in order to turn them into museums may in some cases lead to absurd results, and on the whole should be checked rather than encouraged. We have heard of many ingenious ways of advertising books in order to increase the sale: in fact not so many months ago there was considerable stir in the papers over a publisher's methods in dealing with a MS. that had come into his possession. We have heard of publishers advertising “The Third Edition,” when only twenty-seven copies have been sold, and we have heard of advertise- ments of enormous sales which the author found manifestly incorrect on receipt of the accounts, but none of the stories have touched the following, which we have taken the liberty of reprinting from the St. James’ Gazette : A Parisian author had fought for many years against poverty and ill-health, but nevertheless had produced several novels which were considered by those who had read them to be works of genius, but they had been total failures as saleable commodities. On his last work he had concentrated all his hopes of recognition and even of existence, but on publication the book showed every sign of going into the same limbo as its predecessors. The author, however, hit upon a unique way of advertising it. Acting upon the dictum that the best way to get a novel tread is to have it publicly described as unfit to read, he wrote from Marseilles a letter signed “An Indignant Republican” to the authorities in Paris violently censuring a certain work as dangerous to public morality and demand- ing the imprisonment of its author. When inquiries were made the writer and the author were found to be one and the same person, but the writer’s object was accomplished. A recent number of our valuable contemporary, Le Droit d@ Auteur, contains some interesting notes on the earliest examples of authors’ successful claims to pecuniary remuneration for their work. The first author who appears to have succeeded in getting paid for his rights was a Canon of Mans, who in 1452, having composed a “ Mystery of the Nativity, the Passion, and the Resurrection,” ceded it to the shrievalty of Paris for ten écus of gold, a little more than five guineas. In the sixteenth century French dramatic authors received three écus for each comedy. Herdy wrote seven hundred. Later Quinault received one-ninth of the money taken at the doors of the theatre, and thus set the first example of royalties. _ Oo THE AUTHOR. W. E. H. LECKY. Y the death of Mr. Lecky, the Society of Authors has lost one of its most distin- guished members, and Great Britain a man of letters who was also a man of reading. He was for more than thirty years an interesting and considerable figure in cultivated London society. Though a shy man he loved company, and such society as is “quiet, wise and good.” So rudimentary and simple were his notions of enjoyment, that he was fond of dining-out. He loved the movement and the stir of life none the less, perhaps all the more, because he was personally ill-adapted for the race. His interest in his fellow-men was inexhaustible. He always wanted to know how the other half of the world lived. Although himself cast in an unfamiliar type, he had a very human heart and longed to be at one with his brother man. Hiscurious, unequal, but not wholly uninteresting book called ‘ The Map of Life,” bears witness to his desire to be treated, not as a mere spectator or critic, but as an actual combatant in the battle-fields of existence. Men of the world, as they call themselves, smiled good-humouredly and said, “ What on earth can Lecky know of life?” But ‘men of the world” are too apt to give them- selves airs in such matters. Life about town, or on the race-course, or in barracks, or in law courts, are but phases of the great Phantasmagoria, and Mr. Lecky with his anxious eyes, his brooding mind, his wide reading, his experience (gained both at home and abroad), and, above all, his sad sincerity and freedom from idol-worship, knew a great deal about life, though not enough, it may be, to draw maps. Few men will be more missed in their accustomed haunts than Mr. Lecky. He was one of those friendly men who are always liked. He was a sympathetic listener as well as an agreeable talker. He belonged to many clubs and coteries. He was welcome at all of them. You liked to see his “willowy” figure steal furtively into the room. To sit next him at dinner was always a mild, but real pleasure. Like all good and sensible men he was fond of the society of clever women, and preferred meeting them é¢e-a-téte to any other way. As an afternoon caller he had great merits. His information was varied and extensive, and he knew about many things besides history and books. He was an excellent judge of pictures, particularly Spanish and Dutch. He could handle china knowingly, and criticise furniture with severity. A deprecatory glance of his eye, an uneasy contortion of his sensitive frame, was more damning than an explosion of abuse from noisier connois- seurs. qo * ts] zg eae fon Ua ees wht 40 li Stig Nil ei D3 aie ~ be BL ; xt  THE AUTHOR. Of books he had a great knowledge, and for | them he had true feeling. In talking with most men you are often amazed to discover the books _ they have not read, but Mr. Lecky’s catholicity was hard to impugn. I am speaking of English 1% books. by I well remember the first appearance of his i, “Rise and Influence of Rationalism.” Eloquence | is a great quality in literature, and the book was »; aneloquent one. It was also eminently readable | throughout; and what is more, it breathed the | spirit of the hour. Young men, and maidens of a «| Speculative turn of mind, read it with eagerness, | and discussed it at the tea-table with animation, ~ whilst their elders looked on and listened with 4 mingled alarm for the future and pride in the 4 talents of their offspring. The main note of the book was the beneficence of scepticism, the good » done to the world by the men who first had the % courage to say “J don’t believe you.’ The atmo- ~ Sphere is different to-day, and our young people . have begun once again struggling to believe in something or another, if it be only in ghosts. __ Of Mr. Lecky’s “ History ” this is not the place to speak. It has throughout one rare characteristic, » | @genuine dispassionate love of truth. In the House of Commons, Lecky was a per- .| sonality. As a learned Irishman he shared with -{ another learned Irishman, Sir Richard Jebb, an ;- unassailable position. He was always listened to | with the utmost attention, and was in my humble judgment a really admirable speaker. His _ character, of course, stood high, whilst his amiability ‘ and love of his fellow creatures were daily mani- fested by his aspect and bearing. The caricaturist made free with his figure. He would survey these productions with a melancholy smile in which there was no bitterness. “I seem to lend myself to caricature,” he once said to me. In a sense he did—but only in a restricted sense. In the nobler elements of character and indivi- duality, Mr. Lecky showed himself both to his friends and to his readers as the true man he was. The Society of Authors may well mourn his loss. AUGUSTINE BIRRELL. ——__———+—_2-—_____—_ PROFESSOR THEODOR MOMMSEN. + ; N the beginning of the year we were congratu- lating Professor Theodor Mommsen on having received the prize for literature granted by @ the Swedish Academy acting under the will of the ‘4 late Mr. Nobel. Now we have, with sorrow, to ©@ announce his death. : Professor Mommsen was born on the 30th of 4) November, 1817, and was, therefore, at the date 15 of his death, nearly eighty-six. Although born a Dane he always considered himself a German. He was, without doubt, in the varied fields in which he studied, a living force. He carried light into many of the dark places of history, and was one of the greatest names in literature that Germany has ever produced. His education commenced in the gymnasium at Altona, and ended by his graduating at the University of Kiel. It is a curious fact that although the studies and works which made him famous were in such dry subjects as philology, history, and jurisprudence, yet he began his author- ship by publishing a book of poems, with his brother, in 1839. A few years after this date he obtained a grant from the Government and spent a great deal of his time in Italy and France. This, no doubt, was the turning point in his career. From that. moment he began his wonderful study of Roman history, and of the subjects connected with the Roman national life. His painstaking research was assisted by a wonderful memory, and both these by a brilliant insight and a fine judgment. There is no doubt that on his work as a Roman historian his reputation will stand in England, To the schoolboy and the undergraduate his history was always a bugbear. It is probable, therefore, they may consider his fame and brilliancy over- rated, but it is lucky for most geniuses that their reputation does not rest on the eternal criticism of generations of schoolboys and undergraduates. Although his history of Rome is undoubtedly a wonderful production on account of the grasp of the life of the period and the character of the nation, yet those who applaud his methods do not necessarily approve his deductions. Some of them were so startling that although they struck astonish- ment in the first instance, yet after consideration could not alwaysstand the light of maturer criticism. Special reference should be made to his description of Cicero, who, with all his faults, with all his weaknesses, and with all his cowardice, was no doubt, judging from the correspondence that remains to us, the most important man of letters of his time, and judging from other historical relics one of the greatest advocates. To him Professor Mommsen will grant no good qualities. He calls him “journalist in the worst sense of the word,” “dabbler,” “short-sighted egotist,” and “statesman without insight.” Asa set off against Cicero he lauds Cesar to the skies. Every historian must have his faults. No sound critic, however, could fail to recognise his power. For this reason, during the latter years of his life, although he lived in a simple manner at his home in Charlotten- burg, he has been looked upon by the younger generation of Germany as a model to look up to and admire, and has, received constant recognition of his brilliant accomplishments.  THE AUTHOR. 76 D ENGLISH AUTHORS AND THE UNITE STATES RIGHTS. —St P to the end of his historical survey of iti 5 on American conditions, cA CO, B. ea safe cround ; but hardly anyone converse 5 : nos Wi inclined to with international ine He ee are, ad follow him further. That Hngls av bli : lass, losing place with the United States pu ~ ha the points now : ee pear es : thing to remedy that ste ee ae ae lines we should oe a : » ici t it is no _ «A, OG, B.” says explicitly that oe for the British author to write oe stuff? All he has apparently to do is to “ wake up.”” In other words, he is, on the literary and artistic side, safe enough; it is only as what the Americans call a “drummer ” that he fails. Now I believe this attitude to be not only undignified but wholly wrong. Setting aside the great names in American letters, who were, i the most gel historians, essayists and poets, American author- ship is acalling of the past few years. a oe C. B.” oints out, it dates from the passing of the American a capsaht Act. It has only required a very short time for the American writer to capture and hold the attention of his fellow countrymen, and, in the nature of the case, his success has been won largely at the expense of the English author. Not of course, that the English author has suffered much pecuniarily by the passing of the American Copy- right Act; the cheques for literary work that travelled either way across the ocean in the old days were very few. Yet the broad fact remains that, where the American used to read English fiction, he now reads the work of men and women of his own nationality. The man who has been hurt by the new conditions ig certainly not the writer of the first rank—have we any such men now producing actively ?—not even the writer ofthe second rank; but, beyond doubt, the writer of the third and even lower classes. These men were worth reprinting in the United States when their eo ae nothing but paper and print ; they are not worth reprinting when they have to compete for popularity with work of equal and greater bent iat 1s written by Americans, deals with American as and is in harmony with the habit of mind of : ae and women who read it. : 18 convenient to divide authors into Classes ee arbitrary fashion that I have just ventured hi eee but it is rarely that any writer finds al] des ooks in the same class. He may ascend or pene | some of his books will be better than others. When I gay, I fear rather discourteous] third-class authors,” I mean the writers cha products die with each publishing season, and have ‘large one, and it comprises writers whose various i im to longer existence. in fact, no claim to long the American publisher does not want; and he t want them for the reason that he cannot 0 coe? To talk of “waking up” in offering Bi sell them. UCT in one such manuscripts, or “ persisting and insisting ” with American publishers, is to be wholly wide of the mark, Occasionally a book of this class is placed in the United States market ; but there is nearly always some special reason for its appear- ing internationally. The American may buy it because he hopes for another and better work from the same pen ; he may have a contra-account with an English publisher which he is anxious to settle —in fine, he may have a hundred different reaSons for his acceptance. But, on its merits, he does not want the book. The author may “wake him up” by every mail; he may “ persist ’’ with cablegrams ; he may “insist” in season and out of season. The facts are not altered. T’o come now to the authors of the second class, who may, not unfairly, be said to represent the best of which we are now capable. Have such authors any substantial grievance? I hardly think so. The class of which I am now speaking is a degrees of popularity differ markedly from one another, But for any work that shows, I will not say genius, but even a definite talent, either in the direction of sustained interest of narration, real psychological insight, or careful character study, there is a distinct American demand. And if that demand is not supplied from this side of the Atlantic, the fault lies with the authors them- selves, Many men who are read here widely have but a small American following ; not infrequently the converse may be said to be nearer the truth. Yet, whatever may be the hold of any individual writer on the American public, books as I have now in mind are worth reprinting and copyrighting in the States, and it is, almost without exception, possible to make the necessary arrangements. In this connection, “names” are of smaller importance than is often supposed. United States publishers are more open minded than their English brethren ; many of them are attracted by the notion of a gamble in an unknown writer’s work. But the work, with all respect to “ A.C, B.,” must be good, the publisher must haye a run for his money. With the man who has an established following, the question is what terms he can make ; with the unknown writer who has his reputation still to gain, it is whether he can make an entry at all into another circle of readers. good work and efficient handling—I do not pretend to disregard what may be called the commercial traveller aspect of the question—the result should he satisfacto Of authors of the first class, it is hardly neces- Such books nearly all such ~ i  “ig sary to write. As “A.C, B.” says, “ Many kinds of ~4)§ literature appeal to the whole world.” “§ Granting the truth of the considerations I have “lg already set down, it follows that it is only books of the second class with which we have to concern ourselves. “‘ A.C, B.,” while impliedly admitting that an author may do wisely to make his English uf arrangements through an agent’s intermediary, is of @@ opinion that he will do better himself to attend to eid his over-sea negotiations. In this particular, I fear § experience is against him. Certainly, the course he proposes is not one that has recommended itself to those English authors who have the largest fol- lowing in theStates. In fact, one may say that it is jo@ not an infrequent experience with agents to have j proposals for the handling of work for America, while @ the author intends to control personally his English f business. Numerous as are the dangers and diffi- 3 culties attendant upon the sale of literary property of in this country, the possibilities of loss in inter- © national arrangements are far greater. I do not y wish to cast any reflection on the integrity of 4 American firms, although the agreements that are “18 offered from the other side are often and in many | respects not such as would commend themselves to any writer familiar with the practice of the best tf London houses. But the opportunity of error is, f in the nature of the case, much more frequent when _ two firms, instead of only one, have to be con- | sidered. There is the question of international copyright ; of the synchronising of dates of appear- ance, when, it may be, a book is serialised on one side of the water and not on the other; of the Canadian market, which is very often a bone of 9 contention between the English and the American ‘oq publisher. In short, it is only possible to sur- ‘a mount the difficulties inherent in the conditions Jo obtaining by unremitting care, coupled with a marked degree of expert knowledge. However cool the business head” of authors may be, there 78 are, it is safe to say, not many of them who have 4 the equipment necessary, if the task involved is to *d be grappled with successfully. A It is possible to deal with one agent here and another in the United States. But the course has little to recommend it. In the first place, neither ‘8 agent can feel the interest in his client’s affairs dé” which he would do were they entirely in his hands, _ And, in the second, the two sets of negotiations are 02 so closely interwoven, that in practice, 1b will not od be found possible entirely to separate them. For 9 example, the American agent may want instruc- ii tions or information, the purport of which will _ depend on what is being arranged with the English _ publisher ; the man who can solve the difficulty at once is the English agent, yet, were the course now under discussion to be followed, the matter would val have first of all to be referred to the author, who THE AUTHOR. 17 on : his turn, have to consult his London ae : 18 Just conceivable that a man of some elicacy of feeling might hesitate before troubling —possibly to a considerable extent—his agent with work in which he had no pecuniary interest, But leaving that point on one side, it can easily be realised how many are the chances of confusion and loss, Further, the London agent who is in constant touch with one or more agents in New York can command a degree of attention for his. work as a whole which the individual author who only occasionally sends MSS. across the Atlantic cannot reasonably expect. The London agent represents, for the American agent, a combination of authors ; and, naturally, the affairs of a com- bination are of more consequence than those of any one person, unless, indeed, he be of consider- able eminence. And, I take it, we are not now concerned with the work of such men. Further, the London agent is by no means confined to dealing through an Americanagent ; with many American houses he is probably in close personal touch, as the result of his acquaintance with the members of the different firms. An American publisher when he is in London will certainly visit the chief London agents, while—again leaving the man of great reputation apart—it would hardly be worth his while to call upon a number of individual authors, whose work he nevertheless is probably quite ready to consider. As I understand his paper, “A.C. B.” is of opinion that agents do not, as a class, deal efficiently with the United States rights of books that are placed in their hands. Without specific instances—which I admit it would be difficult, and perhaps improper, to give—of the neglect he complains of, discussion of the point is difficult. But it may safely be said that no agent who understands his business ever loses sight of transatlantic possibilities. The notion: that he would be tempted by a peculiarly beneficial English contract to take no trouble to market 8 book in America is, with all courtesy, absurd, For the better the contract that is possible here, the: better, broadly speaking, will the American ainnde ment be. The contention is interesting, ewer as it is the first time that I have heard _ accused of indifference to the commercial - eo their activities ; but Tam convinced that it . _ other value. To touch on a minor, point, a frequently impolitic to begin negotiations America before a contract is signed here ; with 4 ar to the American publisher, me that is famili wublish the course advised may be followed 5 but, p = case of newer men, the best introduction to the American publisher is the statement that a well i ‘ the book. nglish firm has taken up ol - ee “most authors are alive to the inadvisa bility of allowing their English publishers to act  THE AUTHOR. 78 agents. From every | point of not in the author’s interests. oks which are never copy- righted in the United States, oye FED ogee bat chance is to sell an edition in sheets. - eae can and often does sell sheets of such publica- eae and I have known cases Neate ae ae - a to allow the Lon he advantage of the author paulieher to do the work. The question of the division, as betwe en author and publisher, of profits, on such ‘transactions is very often a cause of hard feeling between the two, and it is emphatically one of the points where the advice of an expert 1s most valuable. as their American view, the practice 18 But there are certain bo C. F. CAZENOVE. —_———__ + __ THE INFLUENCE OF ENVIRONMENT ON MEN OF LETTERS. —-—<+— “« O you observe any traces of ‘ Faust,,” asks Shelley of a friend, “in the poem I send you? Poets—the best of them— are a very chameleonic race ; they take the colour, not only of what they feed on, but of the very leaves under which they pass.” Shelley was thinking chiefly of the influence of an author’s favourite books on his own productions, but the remark is applicable to other descriptions of leaves than book leaves, to any kind of influence with which the poet, and in a less degree the prose- writer, if a susceptible person, is habitually in con- tact. From this point of view authors may be divided into two classes—to both of which they may belong at different periods of their lives— those who can and those who cannot choose their environment. When we can be sure that a writer belongs to the former class, the environment, as an index to his inclinations, in its turn reflects light upon the characteristics of his own mind while Sometimes it raises a problem. It is easy to see why Louis Stevenson should have preferred to liv in the South Sea Islands, and apart from the qualities of the books composed th h ey fact afford insight i i ae ere 8 an insight into his nature which could eos ee are Be if his works had been peanad ane. Dut Stevenson also shows that a b may be entirely indepe oo writing hig Tae and Se b ally Scotch fiction, * Weir of Hermi cpiees (as ’ ermiston,”’ amon . a ibe of Samoa. This, in the i é sensiti thle demonstrate that, while ‘the ee Fe tO ment cannot be denied, wit fmch ee Beach of Teles hess such tales as “The presence of an overmastering iinpula es quarter.“ Weir of Bien pulse from another » Judging from his ence, would seem to be of all his bookg the one which had taken the most complete possession of him, hence its superior merit, « And his own mind did like a tempest strong Come to him thus, and drive the weary wight along.” If we can easily follow Stevenson to the South Seas, there are other writers able, like him, to choose their own environment whose motives are for the present inscrutable, and consequently fail to afford light to their characters and writings. Why should Mr. Henry James, the most subtle analyst of com- plicated modern society, spend his life by preference in a little Cinque Port? When we know what secret bond attaches Mr. James to Rye, we shall know more of him than we do, and if he does not tell us himself, it will be a matter for his biographers to investigate. One of the strongest witnesses to the influence of environment is Shakespeare, when he deplores the evil influence of the profession of actor upon him, and complains that his nature is “ Subdued To what it works in, like the dyer’s hand.” (fe Observe this image,” comments Shelley, “how simple it is, and yet how animated with the most intense poetry and passion.”) There is great reason to think that Shakespeare renounced the profession of actor long before he ceased writing for the stage ; it is certain that as soon as he was able he acquired property at his native place, which he must have visited as frequently as his profes- sional engagements would allow. It is interesting to inquire how far an influence from this change is atl) in his Writings, and it may be traced with certainty. The precise date of the sonnet seas above ic doubtful, but it certainly did not long precede his acquisition of property at Stratford. Within a year or two of this oven we find him producing the most sylvan of his dramas, As You Like It,” more thoroughly pervaded with the spirit of country life than anything he had Nidan before, if we except the description of the orse in “‘ Venus and Adonis,” beginning “But lo, from forth a copse that neighbours by,” and of coursing a hare in the Same poem, beginning pote when thou hast on foot the purblind hare,” € latter, especially, ig ; : oe ) lly, a marvel of accurate a showing that Shakespeare must have 2b’ Many a coursing match. “Ve d Adonis,” being descri be hans a , us, Delng described by him ag “ the first hei of my invention,” was i oe 1 » Was probably written not ] after his departure from Stratford, when the tan Tess i : : p sion of country life would be strong with him evived by his acquisit 1 quisition of a house there and hi : a '8 occasional visits, they come out in full force correspond after he has it his princi ; whe pe it his principal residence there rs, culminating in the pastoral S  THE AUTHOR. ~sescenes in “A Winter’s Tale” (1611), where ‘fp villagers and village pastimes are painted to the ‘life. Here seems a clear instance of the effect of ym@environment. It is an interesting question whether od the total neglect of the country by the artificial soe poets of a later day, such as Dryden and Pope, is eto be attributed to their metropolitan environ- ‘om ment or to the pervading atmosphere of the period. sd] Their opportunities for contemplating the face of ie¥ Nature were indeed few, but they showed no dis- ‘aoe position to profit by those which they had. How il different from Keats! who had scarcely been vec beyond Edmonton when he produced his first 0¢ poems, which nevertheless contain couplets so jaa instinct with the spirit of the country as this : ‘When a tale is beautifully staid, We feel the safety of a hawthorn glade.” Scott is a most signal instance of the power of va environment. It would hardly be fair to appeal to 4 Byron as another, for he travelled with the deliberate i intention of making poetical capital out of every- 4 thing that came in his way. He nevertheless forms sae one of a remarkable group of English poets who -ef have been deeply influenced by Italian environ- om ment. The list includes Landor, Shelley, Keats, ‘ae and both the Brownings. Of these Robert Brown- ui ing seems the most deeply influenced, doubtless sod because as a dramatist he touched Italian life at om more points than the rest. He is a magnificent 2a] instance of what improvement can be effected even ai in a great poet by transplantation, provided that ii the process is not continued so long as to pervert “{ the original bent of his genius. The greatest vil literary gift, however, that Italy ever made to 1@ England was not poetry, but Gibbon’s “ Decline vg and Fall,” conceived as, sitting by the Coliseum ‘6 on a moonlight night, he heard the barefooted ‘d friars sing vespers in the Temple of Jupiter. The af influence, however, though permanent in its effects, -@ was too transient in its application to be reckoned “8 among instances of environment ; but Gibbon has told us of amore prosaic inspiration which certainly 5 deserved the name, the benefit which the historian # who was ‘to write so fully on military matters 9% received from a spell of service in the militia. _ It sometimes happens that a great writer spends s a long life in an environment devoid of striking features, and which we nevertheless feel to have d been the best he could possibly have had. Such a 3 case was Goethe’s : he could not have been better "4 suited than at Weimar, and yet Weimar can hardly 4 be thought to have supplied much aliment to the 4 genius of which he had given ample proofs 7 9 coming there. Its effect was to provide him her 4 the quiet, honourable, stable environment, wit - which his calm, polished genius could work free 2 and happily, “ without haste and without rest, as 79 he said himself. He might have found it diff l to observe this commendable maxim if his ci seg stances had been less easy, and his s her : tae more perturbed. : OU as On the whole we can but concl ib i possible to attribute both too oe little to environment, that it always exerts some influence but rarely makes the author an entirely different oon - . Baa have been under other te » an at this influence usually in proportion to the susceptibility of his perament. Men of the highest genius are consequently in one point of view the most liable to be affected by it, but from another the least, as the force of their minds enables them to triumph over circumstances which would crush feebler natures. Milton affords a memorable instance, composing his immortal poem under a total priva- tion of sight, and under the most adverse personal and domestic circumstances. Here the environment was absolutely hostile, but his past studies and his present meditations enabled him to create for him- self another far different one, within which his life was in reality spent. “ Paradise Lost” could not have been greater if his circumstances had been of the happiest, but this is mainly owing to the ideal and spiritual character of the poem. The vast majority of writers who deal with more sublunary matters will do well to adapt, as far as may be, their environment to themselves; and, when this is not practicable, themselves to their environment. Too much, however, must not be expected from even the most favourable external situation; if a man cannot do something where he is, he is not ‘kely to do much anywhere. > ee : R. GARNETT. ——_—__- > >—_—_ OF LETTERS. ++ Christmas, and the big hop was packed with hurried customers, busily choosing their ate Christmas gifts. Cards were being Lege! ae ae ae a fe and -osged much attention ; tay Anite of all sorts sold i. eee : a MO tek whe had stolen in unobserved SF ck wie a hanging ealendar, half hidden and s oe ea It wasa child ots of chattering women. Oe . ae ag ee years old, clad in ee sent abire with a battered red oh oe i ae : ye-capped W ae, worn heavy boots, toe-e PE a number of little hair done in Ft ial, tied up with cotton. She stood . 2 A PATRON T was two days before country stationers §  80 till and quite alone, almost under the sane her eed was half a foot below it, _ she could have seen nothing but the skirts tha rustled about her. After watching her for some minutes I asked her what she wanted. «4 hook,” she whispered, showing a halfpenny clutched tightly in her warm little dirty fist. ‘A book! She had come to buy a book—she alone out of the crowd! Her answer gave mea thrill of joyous optimism. She represented the new generation, the coming woman, and she wanted to buy a book. : In three minutes she was out of the shop again, blissfully hugging two cheap toy books, and, of course, perfectly unconscious that they had cost more than her own cheerfully given coin. I slipped out, too, and furtively followed her. At the first corner she stopped to examine her trea- sures, and in a few seconds was so absorbed in the contents of one that she wandered on without seeming to know where she went. The dirty street had doubtless become a paradise ; she was deaf and blind to everything but the wonderful world of pictures under her gloating eyes, and did not even notice that she had strayed from the pavement to the road. Still watching her as she dragged her heavily-shod feet by the gutter, I was suddenly roused to action by the approach of a big dray that came lumbering down upon the child, and there was only just time to drag her out of danger. She looked up at me with eyes full of dream, but spoke no word, though I walked beside = till she turned into a grimy alley to find her home. There I lost sight of her, but I shall not readily forget the tiny thing in the red cap and thick boots who brought her precious ha’penny to the bookshop instead of the sweetstuff stall. Ag a struggling writer of books in an age of free hbraries and cheap newspapers, I am not ungrate- ful to this small patron of letters for her practical encouragement, for the thrill of hope set vibrating when, 1n answer to my enquiry as to her wants she piped up, shyly but firmly : “A book.” Bless her!” With h ly to buy a book, er only copper she wanted MAL, P. oo eo SHOULD WELL-KNOWN WRITERS “FARM OUT” FICTION? N N a recent issue of The Author a correst I alluded Incidentally to the Tia event : well-known writers of fiction are said to have adopted of late years of « farming out,” as it ig called, a proportion of the work they are commis- sioned to do, and he appeared to take it for granted THB AUTHOR. that all readers of Ze Author and all members of 6 2 the Authors’ Society must, as a matter of course, 921 agree with him that the practice is reprehensible iid; in the extreme. Now it would be interesting to know the exact |9s: reason that leads this correspondent, and presum- ann ably a section of the writing community, to look fo. upon the practice of “ ghosting” for a well-known a : : Se ul writer, or of “ ghosting,” for that matter, for any © writer able and willing to pay a competent proxy, asa contemptible and iniquitous practice. Ask any ¥ popular writer of fiction, or writer of popular fiction —to be quite accurate—and he will tell you that a. every year the applications he receives for long § stories as well as for short stories increased, until f now it has come to this :—(1) He must decline to undertake to get through more than a comparatively & small amount of work, and thus, in the language & of the box-oflice, he must “turn good money away” ; (2) he must “scamp” a portion of the work he has agreed to do, and thus, in the long run, ruin his well-earned reputation for producing interesting stories ; (3) he must call in the aid of a proxy, in other words, “ farm out” the surplus. As the author of two stories that have appeared serially and in book form as the original work of a well-known writer, and as the writer also of a number of short stories that have appeared in magazines and elsewhere, and purport to be the original work of a certain well-known writer, I think that I may claim to speak with, at any rate, a small amount of authority on this rather interest- ing subject, and be allowed to draw attention to some of the advantages the system of “ farming fiction ” may be said to possess where the interests of the unknown writer—the ghost—the hack—the proxy—call him what you will—are at stake. i may say, to begin with, that the writers for whom I act as proxy know me sufficiently well to be aware that | am not likely ever to blackmail them, and in selecting a proxy this is of course an- extremely important consideration. They also know quite well that I am able to keep my own — counsel. Now, with regard to the advantages of — the system, it is in the matter of remuneration that the proxy, so to speak, “romps in” so far ahead of the individual who writes under his own name only. For the first long story I “ ghosted ” I received £2 15s. a thousand words all the way through, one-third of the total amount being paid to me before I had written a line ; one-third when I had completed about one-half of the story ; one- — third on the day I delivered the MS. complete. Now, supposing that I had written that story on the chance of its being accepted by some news- paper, some syndicate, or some publisher, what would have happened? In the first place I should have worked hard for four whole months without  THE AUTHOR, “ae receiving a single shilling, and all the time I | should have been worried by the thought that f perhaps I should, after all, be unable to “place” ‘ed the book, in which case those four months’ hard » work would of course have been so much time eu) absolutely wasted. At the end of the four months ite! T should have set to work to send the story either to a literary agent or to a publisher. The pub- i) lisher would have kept it for a month or six weeks at the very least, and then probably have returned / it to me with a polite but unsatisfactory note to «1 the effect that the book would not suit his house, but that it possessed merit and might be accepted «| by some other publisher. I should then have sent i it elsewhere, and when several months at least had elapsed I should—if fortune had favoured me— | have succeeded in “ placing” it. But how much ‘4 should I then have received for it? A guinea a (| thousand words, perhaps. Very likely not so “§ much. And when would the cheque have been { paid to me? Then and there, possibly. Much more likely many months later. Should I have “4 received any kudos 2? None to speak of—certainly =) not enough to compensate me for so serious a pecu- | niary loss. Personally, therefore, I look upon the well-known writer who “ farms out” his work as a sort of Heaven-sent being, and not, as some appear to consider him, a species of impostor. He satis- | fies himself; he satisfies the proxy he employs ; | he satisfies his publisher; and he satisfies the | public—for by this time the public has come to know quite well that stories and books alleged to be the work of Blank are certain to be readable. | Whether Blank himself actually writes the books, ) or whether he employs someone to write them for ‘{ him, is really of no great consequence so far as the 4 general reader is concerned. ‘The general reader looks upon Blank’s name as a sort of trade mark —nothing more. The same kind of thing goes on ‘f in trades and professions, and nobody thinks of ' grumbling. Not very many years ago, to give a #4 single instance, the business of one of the best vl known West End gunmakers was acquired by the 4 son of an equally famous coach-builder. The coach-builder adopted the name of the gunmaker for business purposes, and to this day probably two-thirds of this gunmaker’s customers are under _97 the impression that Blank’s guns are built by the son of the eminent gunmaker who actually worked up the business and established its world-renowned reputation. : The same remarks apply to the proxy writer of ' short stories. I am commissioned by ‘ that | popular and clever writer, Blank So-and-So,” to | write a magazine story of, say, 3,000 words, . / appear under his or her signature. Blank tells me the sort of story that is wanted—the sort that he or she knows I happen to be capable of pro- 81 ducing—and we arrange terms. Blank agrees to pay me at the rate of, say, three guineas, or perhaps four guineas, a thousand words. I allow myself perhaps a whole week, even ten days, in which to map out, write and re-write this commissioned story. I know that I shall be paid for it on the day it is delivered, so I now have no need to worry, or to wonder whether the story will ever be published, and if so, when; and how long I shall be kept waiting for my cheque. Now, had this story been written on the chance of its being accepted on its merits, I should in all probability have been obliged to send it round to five or six magazines, one after another, and perhaps at the end of a year it would still be travelling about and trying to place itself. Even if it had been accepted at once I should not have been paid more than fourteen or fifteen guineas for it. Very likely I should have been compelled to accept ten, or even less, and the cheque might still be owing, ‘the rules of this office being not to pay until the contribution has appeared.” Therefore J maintain that for the free lance not overburdened with wealth this ‘‘ ghosting” work is by far the more profitable, by far the more satisfactory in more ways than one provided, he can get the right man to commission the stories, and provided also that he is capable of turning out the sort of stuff required—I employ the word “stuff” in no derogatory sense—possibly provided also that the sight of his own production appearing under another writer’s signature will not cause him either mortification or annoyance. The life of the free lance addicted to “ ghost- ing” is, | may add, by no means devoid of humour. He is able to obtain upon all sides candid opinions of his own work, opinions which often enable him to realise his shortcomings and rectify his faults. On one occasion, I remember, one of the books I had “proxied” was sent to me for review, accompanied by a note from the editor of the news- paper—the editor is now dead—to the effect that I might as well, for. reasons which he ae “pepper this story of Blank’s a bit. I did the best 1 could to “pepper” my own work, but i admit that the task rather stuck in my throat. When I told Blank, afterwards, what I had been doing, he was immensely tickled. He said ib reminded him of “poor Gilbert’s inimitable a8 humour. Panry. ———_—__1———__o___— «A Baronet in Corduroy” is ce Hee ot of riod recently pub- romance of the Queen Anne period recen) lished (Grant Richards) by Mr. Albert Lee, author of “The Frown of Majesty.”  82 INTERNATIONAL COPYRIGHT. —+-—>— The following cutting came to us from the correspondence column of a well-known ladies’ newspaper :— Nixa.—According to the law of International Copy- right, no book can be translated into any other language without the author’s permission until ten years after the date of publication. After that lapse of time, anyone may translate the book; but within the period the author's permission is usually obtained without much difficulty by applying to him—or her—through the publisher of the book, if the author’s private address is unknown. It shows how dangerous a little knowledge may be. From the first sentence it would appear that International Copyright was universal, and that to translate a book appearing in any country on any subject within the period of ten years would be illegal without the author’s sanction. This of course is not the case. The Berne Convention of 1886 and the Additional Act of Paris, 1896, have not been signed by all the European countries, and the United States has always stood outside. On a former occasion the names of those coun- tries who were signatories have been printed in these columns. While the statements contained in the paragraph are abroad it would appear advisable to print the list again. Germany, Belgium, Spain, France, Haiti, Italy, Switzerland, Tunis, Monaco, Luxembourg, and Japan have signed both the Berne Convention and the Additional Act of Paris. Norway is a signatory to the Berne Convention, and Denmark signed both in July of this year. In addition, Great Britain has a separate Convention with Austria- Hungary. The Imperial Government signed the Berne Convention on behalf of Great Britain and all its Colonies, and the Additional Act of Paris on behalf of Great Britain and the majority of its Colonies. In the countries enumerated —and in those countries only—is it possible to retain translation rights. The paragraph quoted above goes on to say that after the lapse of ten years anyone may translate the book. ‘This was to a certain extent true under the Berne Convention, but is entirely wrong under the Additional Act of Paris. The Clause referring to this runs as follows :— “ Authors belonging to any one of the countries of the Union, or their lawful representatives, shall enjoy in the other countries the exclusive right of making or authorising the translation of their works during the entire period of their right over the original work. Nevertheless, the exclusive right of translation shall cease to exist if the author shall not have availed himself of it, during the period of ten years from the date of the first publication of the original work, by publishing, or causing to be pub- ished in one of the countries of the Union, a translation in he language for which protection is to be claimed.” THE AUTHOR. Accordingly, in those countries, if publication . is made within ten years, the author has copyright during the entire period of his right over the original work. It must be clearly stated, however, that none of these extensions of property covered by the Berne Convention refer to the United States. A law based on an entirely different principle carries copyright in that country. It is a mistake, therefore, to talk in this loose od It may lead [ime way of International Copyright. writers into difficulties. MAGAZINE CONTENTS. —-—<—+— BLACKWOOD’S MAGAZINE. A Sketch of the Life and Adventures of the Duke De Ripperda, the Eighteenth Century Dutchman and Rene- gade. By Walter B. Harris. The Avatar of Bishwas Dass. the pen of Mr. T. Hart Davies. Voltaire. ‘ Oxford Revisited. Sir William Wilcocks’ Scheme for the Irrigation of Mesopotamia by means of the River Tigris. Leopardi’s “ Village Saturday Eve.” Translated by Sir Theodore Martin. Babes of the Highway. By Oliver Locker Lampson. Outside Pets. Scolopaxiana. Musings Without Method. Sally: A Study. By Mr. Hugh Clifford, An amusing story from THE CORNHILL MAGAZINE, The Fond Adventure. Part I]. By Maurice Hewlett. Colonial Memories: Old New Zealand, I., By Lady Broome. : Whistler the Purist. By Mortimer Menpes. Mr. Whibley’s “ Thackeray.” By Andrew Lang. Lines Written in Depression. By A. D. Godley. Samuel Rawson Gardiner. By the Rev. W. H. Hutton, B.D. Though the Windows be Darkened. By John Oxenham. The Grouse and the Gun-room. By Alexander Innes Shand. Ferments and Fermentations. F.R.S. “In Loco Parentis.” By W. A. Shenstone, By Powell Millington. LONGMAN’S MAGAZINE. Nature’s Comedian (Chapters xi., xii). By W. E. Norris. A Turkish Redif. By Frances MacNab. The Suspicions of Turkentine. By Chas. Marsh. Parliament in the Making. By William Auld. An Unrecorded Incident. By “ Rimpie.” Restaurant-keeping in Paris, By M. Betham-Edwards. Billy. By May Kendall. : Taurus Intervenes. By W. H. Rainsford. Fielding At the Sign of the Ship. By Andrew Lang.  Be alt THE AUTHOR. THE PALL MALL MAGAZINE. Six Weeks in North-Western Rhodesia. By Lady Sarah Wilson. Blue Roses: A Fairy Tale for Impossible Women. By Netta Syrett. Simple Simon: A Story. By Caroline Marriage. Once, Always: A Poem. By Laurence Housman. The Christmas Tree: A Poem. By Rosamund Marriott ‘Watson. The Rebuilding of London: The Site of the Great Fire. The Best Man: Hilliers. The Song of Dagonet. By Ernest Rhys. Lansdowne House. By Ernest M. Jessop. No Trumps or Spades: A Complete Story. By Horace Annesley Vachell. Master Workers : By Harold Begbie. Child Awake. By Elsie Higginbotham. The Play Angel. By Maude Egerton King. Haggards of the Rock. By H. B. Marriott Watson. The New Pope: An Anecdotal Narrative. By Rev. Alex. Robertson, D.D. The Queen’s Quair: Book II. (Chapters iii., iv.) By Maurice Hewlett. Heart's Harbour: A Poem. By Mary van Vorst. The Girl Who Wasn’t Prim. By G. B. Burgin. The Vineyard. (Chapters xvi., xvii.) By “John Oliver Hobbes” (Mrs. Craigie). What makes you Sit and Sigh? A Poem. nald Lucas, M.P. The Surprise. By H. Fielding Hall. A Visit to the Island of St. Vincent and the Souffritre. By Lady Ernestine Edgcumbe. The Round Table: The Tidal Wave. By W. L. Alden. The Month in Caricature. By G. R. H. A Complete Story. By Ashton The Rt. Hon. John Morley, 0.M., M.P. By Regi- THE WorLD’s Work (BIRTHDAY NUMBER). Practical Points in the Fiscal Controversy. By J. A+ Spender. Motor Cars and Men. A Record Christmas for Fruits. By Sampson Morgan. Mr. Sargent’s Famous Portraits. By Mrs. Meynell. Trusts and Labour in New York: Amazing Revelations. By Ray Stannard Baker. Mr. John Burns, M.P., on Labour, Life and Hope. By George Turnbull. The Revolution among Women who Work. By Lady Jeune. The First Garden City. Breeding Horses and Cattle. Volunteer Cyclists: A Scheme for Home Defence. By Guy Speir. The Day’s Work of an Engine Driver. A Farmers’ Trust. By H. 8. Wood. The Problem of the Incorrigible Offender. Hopkins. Irish Toys for Christmas. The Mystery of Radium. By J. A. Harker, D.Sc. The Books of the Month. (With Portraits). Among the World’s Workers : A Record of Industry. By the Editor. By Tighe 83 CORRESPONDENCE. “THE ‘TIMES’ ENCYCLOPADIA.” ASSOCIATED BOOKSELLERS OF GREAT BRITAIN AND IRELAND. Secretarial Office, 1, Bathurst Street, Hyde Park, London, W. Sir,—In an advertisement of “The ‘Times’ Encyclopedia” that appeared on October Ist, it is stated that after December 19th, 1903, the work will be sold “as it was before the Zimes took it in hand, by booksellers only, in the ordinary course of trade. The lowest price will then be £57 (net) for the cloth binding—more than double the present price.” Again, on October 4th, it is stated that ‘now the normal price, the net catalogue price, is about to replace the temporary half price, and the normal method of sale through the agency of booksellers is about to replace the exceptional system of sale direct to the public at half price and for small monthly payments.” The natural inference from these statements is that the public would have suffered materially had the “ Encyclopedia Britannica” with its Suapple- ment remained in the hands of the publishers and been supplied through the booksellers. As such an inference is injurious to the interests of the book- sellers, we, as representing the booksellers, think it right to place the following facts before the public : (1) The “ Encyclopedia Britannica” was sup- plied to the public through the booksellers at £18 for years before the Times reprint appeared. (2) If the Supplement had been published by Messrs. A. & C. Black at the same price per volume as the “Encyclopedia” itself, the published price of the Supplement would have been, in cloth £16 10s. for the eleven volumes. The Supplement would have been supplied by many booksellers for cash for about £12 7s. 6d. The total price of the “Encyclopedia” and the Supplement would therefore have been about £30 7s. 6d., very much the same price as that at which the Times has sold the work. (3) The work as supplied by the 7'imes on the instalment system remained the property of the Times until the last instalment was paid: the work as supplied by the booksellers on credit  84 at a very little higher rate than the Times rate would have become the property of the purchaser from the moment it was delivered. (4) The Times intimates that after December 19th, 1903 until 1919 the booksellers will not be allowed to sell the work at less than £57 (net) in cloth. This is nearly twice the “normal price” at which the booksellers would have sold it now had it been published by Messrs. Black, and much more than twice the price at which they would have sold it ten or fifteen years hence. It is not customary to sell an Encyclopaedia at a fancy price when much of it must of necessity be hopelessly out of date. (5) Judging from the excellence of the articles in the “Encyclopedia Britannica,” there is no reason to think that the excellence of the Supplement would have been less than it is had it been published by Messrs. Black ; and any unprejudiced person will admit that the production, so far as printing and binding is concerned, was better in the edition published by Messrs. Black than in the 7%imes reprint. (6) It is claimed for “The ‘Times’ Encyclo- peedia” that it “ will settle the simpler queries that present themselves in daily life.” We fail to see how this will be possible in 1919, when the last volume will be sixteen, and the first volume about forty years out of date. Yours faithfully, (Signed) Hznry W. Knay, President of the Associated Booksellers of Great Britain and Ireland. R. Bows, Chairman of Eastern Branch. T. Watson, Chairman of Northern Branch. J. PATTERSON, Chairman of North-Eastern Branch. C. J. PARKER, Chairman of Oxford Branch. A. WHEATON, Chairman of Western Branch. RospeRT MACLEHOSE, Chairman of Scottish Branch. ALEXANDER Dickson, Chairman of Belfast Branch. Witiram M‘Grr, Chairman of Dublin Branch. November 5th, 1908. Oe THE AUTHOR. A Book Lover’s LAMENT. Sir,—Can you, or any member of the Society, tell me the author and publisher of a book called ‘“‘ John Lackland,” which appeared, I think, about a year ago. Ever since then I have been trying to get it from one of the libraries in my country town, but in vain. The librarians have written up to Mudie, or some other London purveyor of literature, over and over again without being able to procure the book, and I do not see it on any list now. As it was well reviewed as a work of note, I cannot understand why it should be so difficult to obtain from a library, and the fact raises a question : Are not we poor book-lovers in the provinces utterly at the mercy of the great distributors? They can send us just what they choose and withhold the books we should like to read. It is only by almost superhuman efforts that I can get anything I want, and I have been agitating nearly all this year for « John Lackland.” Is it any wonder that good books die without even being read by any but reviewers, or that we readers in the country forget their names when we never see them, or hear of them after the first month ? Surely the great question to-day is of the dis- tribution of books. Publishers must often be in despair, to say nothing of authors who have, perhaps, spent years in writing that which nobody can get at! A Boox Lover at Bay. Tur PuBLISHER’S READER Str,—May I be permitted to supplement the experience (as a Publisher’s Reader) of your corre- spondent “H. B.” with my own? TI read MSS. for a very prominent young publisher indeed, giving my employer, on printed form supplied, an outline of each story, a general criticism of style and treatment, advice as to commercial possibilities of the books, at a remuneration of 2s. a MS. But, with the Daily Mail article signed “ Stan- hope Sprigg,” I fear that one ought not to place : undue importance on the statements made. We must remember that every man of every degree, nowadays, be he peer or publisher, or even a literary agent who is (or has been) on the staff of a famous. journal, must most strenuously exert himself in order to get an honest living. I am, sir, your obedient servant, F. W. R. 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, Vol. 14 Issue 03 (December 1903) Subject The topic of the resource <em>The Author</em>, Vol. 14 Issue 03 (December 1903) Type The nature or genre of the resource Publication Identifier An unambiguous reference to the resource within a given context 1903-12-01-The-Author-14-3 publications The Author