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              <text>John William Strutt, third Baron Rayleigh (1842–1919; &lt;em&gt;Oxford DNB&lt;/em&gt;); experimental and mathematical physicist. Primarily published scientific research. &lt;span&gt;Appointed a Vice-President of the Society of Authors.&lt;/span&gt;</text>
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              <text>Walery. Portrait of Sir (Joseph) Norman Lockyer. Carbon Print. Sampson Low &amp;amp; Co., 1889. NPG x9147 © National Portrait Gallery, London. &lt;a href="https://www.npg.org.uk/collections/search/portrait/mw189813/Sir-Joseph-Norman-Lockyer" target="_blank" rel="noopener"&gt;https://www.npg.org.uk/collections/search/portrait/mw189813/Sir-Joseph-Norman-Lockyer&lt;/a&gt;.</text>
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                    <text>||

sº |

THE

-

CONTRACT OF PUBLICATION
IN

GERMANY,
AND

Austria,

HUNGARY,

SWITZERLAND.

By ERNST LUNGE, J.U.D.

2s. 6d.

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THE

CONTRACT

OF

PUBLICATION

IN

GERMANY,

AUSTRIA, HUNGARY,

AND SWITZERLANI).

By ERNST LUNGE, J.U.D.

Published for the Society of Authors.

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AND SWITZERLAND,

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THE following synopsis of the leading principles of law
governing the Contract of Publication refers to those
European States that have either adopted the German
original form
closely followed
Code of Commerce in
corresponding codes; the former being the case with
the German Empire and Austria, the latter with Hungary
legal thinking thereby
and Switzerland.
The affinity
widely
differing
many other respects
evinced
countries
in

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as

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by

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for the States under our notice may
comprising
“greater Germany
regard
Unfortunately, the Contract
the evolution
the law.
Publication has found no place
the German com
mercial code, and the more
less pronounced uniformity
statutes, practice, and doctrine secured
that great
legislative work for commercial law throughout central
Europe has been seriously obstructed
regards the legal
publisher;
relations between author and
even the German
Empire has, apart from one
two accidental provisions
the Copyright Bill
1870 and elsewhere, no common law
the Contract
Publication with the authority
an
imperial enactment.
No doubt that omission was mainly
improve, the
caused by, but certainly has not helped

is

accident,

described

B

�2

THE CONTRACT OF PUBLICATION

IN

unsatisfactory state of all doctrine connected with Authors’
Rights.
For this is by far the most disputed ground of
all civil law in Germany, and whoever is aware of the
enormous influence wielded by pure doctrine and theory
on the practical issues—i.e., legislation and practice, of
German law, will readily understand that the matter can
never be settled until Jurisprudentia
Docens has made up
her mind; of which there is not much of a prospect at
the present moment.

I

Like every self-respecting student of German law, am,
of course, provided with notions of my own upon the
subject, and am prepared to part, at a great sacrifice, with
a brand new theory of Authors’ Rights, dissenting,
in
every particular, from anything said before.
But here
should like to leave abstractions and classifications out of

I

court and merely to show the most important issues raised
and identically or similarly decided within the provinces of
German law. Now, in spite of all said above, the Contract
of Publication will be found, when descending from the
theory and appearing in
cothurnus of semi-metaphysical
real life, to be, in all main respects, the same all over the
States under our cognizance.
The institutions of the trade
and (unfortunately) the conditions of literary production
are the same; this ensures similar sets of conflicting
interests, and they in their turn can meet with no great
variety of legal conception and treatment, where the cast
of the judicial mind is the same. If, then, theoretical
squabbles have prevented uniform legislation, the exigencies
of life have called for, and the German lawyers, trained in
the stern school of Roman Law, were able to provide, a
set of rules covering the whole ground of the Contract of
Publication and insuring a tolerable uniformity of practice
for the German speaking nations.
But for a few fragments and occasional utterances, we
should know nothing at all about publishing and the manu

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3

script trade of ancient Greece, and we cannot hope for any
addition to those scanty sources of information.
Yet we are safe in assuming that author and publisher
had no occasion for a legal understanding as to the
publication of the works of the former. Fees were as
unknown as the principle of copyright; no learned Greek
would have stooped to make money by work for the book
market.
No doubt authors sold their manuscripts, but to
wealthy gentlemen, and not to the trade.
All trade profits
publisher
managed
went to the
who
to obtain a new work.
considerable

This is little enough, but we do not know even as much as
that about prosperous Alexandria.
The influx of learned Greeks after the subjection of
their own country gave the lagging book trade of Rome a
mighty spurt, and caused it to rise to a noble height.* The
wholesale business of an important Roman publisher was
equal to the production of enormous numbers of cheap
copies; it was by no means so far behind our modern
achievements as might be imagined, and certainly superior
to the efforts of the primitive printing press. The methods
of the Roman trade anticipated modern publishing on
more than one line. As Birt remarks, the Roman author
could address the masses and write for the wide world.
Horace might have lived in our days, to have written:
Hic meret aera liber Sosiis, hic et mare transit,
Et longum noto scriptori prorogat aevum.

The highly evolved trade of Rome cannot have dispensed
with some sort of real agreement between author and
* Prof. Kohler

has appended a brilliant review of the social conditions
production and of the publishing trade of Rome to his
“Autorrecht.”
Valuable historical notes will also be found in Birt’s
“Das antike Bucherwesen; ” Kapp’s “Geschichte des deutschen Buch
handels,” and Schuermann’s
“Rechtsverhaltnisse
der Autoren
und
Verleger,” cover the age of printing up to this century. I am indebted
to these works for many of the following data.
of

literary

B 2

�4

THE

CONTRACT OF

IN

PUBLICATION

publisher; but, clearly defined as they were even then, the
peculiar interests of the parties to the Contract of
Publication do not appear ever to have called for special
juridical consideration
anyhow,
and construction;
the
records of Civil Law are absolutely silent on the subject.
This evident absence of litigation is easily explained.
Authorship was no recognised profession; social economics
had no cognisance of the writer as bread-winner; the
dignity of free labour as a factor of production is a modern
notion.
And then publicity was by no means, as a rule,
the main object of a Roman author's work. This in itself
barred the evolution of typical author's interests which,
must otherwise, in the course of time, have engaged the
attention of lawyers and found some legal formulation.
It was rather to the court, to magnates and rich grandees,
than to publishers, that authors in quest of reward might
look for remuneration, and we have sufficient evidence of
extraordinary prices realised by the sale of MSS. to that
class of patrons.
This had, of course, no direct connection
with the success of any one publication; but manifestly
the market value of those dedications and sales depended,
on the whole, upon the appreciation of poet or author by
the public, and this appreciation was contingent on the
dispersion of their works. Yet the author's more or less
noble, but readily discerned, interest in the success of his
publication does not seem to have been recognised as
sufficiently substantial to lead to a claim on the publisher
to force the sale.

in

is at

It

of

to

an

it,

At that period copyright and piracy were terms as yet
unknown. The notion of “intellectual property” would
have been unintelligible to those times.
It was a general
custom to copy manuscripts for one's own use; special
copyists were kept by such as could afford
and some rich
bibliophiles kept
organised staff
writers
work
bringing their private libraries up
date.
not im

~

�GERMANY,

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probable that the etiquette of the trade held wholesale
competition in check; friendly understandings, if not

5

illicit
bind

ing agreements, may have led to some sort of protection of a
publisher's new enterprises; but they cannot have been very
effectual or far-reaching.
Birt's hypothesis, according to
which collegia librariorum or bibliopolarum enforced respect
for publishers’ rights, is entirely unsupported by evidence,
and Kohler himself must disclaim the existence of any
proof for his belief in protective privileges or monopolies
supposed by him to have been granted to publishers.
Nor
can the absence of complaints about competition be taken
as evidence of any of those restraints on special competi
tion. It is rather the other way; measures against piracy
must remain a dead letter, where the detection of spurious
copies, easy enough since uniform editions are printed, was
a technical impossibility; apart from other considerations,
no system of legal protection could have suggested itself to
the Roman publisher, who had his editions produced by
troops of slaves writing to dictation.

For all this, the trade flourished; publishers were on
the look-out for new writings, and an author prepared to do
with private libraries could see no objection to
selling a copy of his latest work to a bibliopole who made
it worth his while.
But the transaction in question
thing and nothing
comprised
the sale of a corporeal
beyond, and even its frequent occurrence does not substan
tiate the hypothesis of a type of contract ensuring other
valuable rights to the author than that to the purchase
They never came to distinguish the value of the
price.
author's production apart from its material substratum,
the manuscript;
the disposal of the latter invariably
included the former—they sold manuscripts, but made no
Contracts of Publication. We shall see later on that the
business

same confusion
own century.

obtained

in the age of printing, up to our

�THE

6

CONTRACT OF PUBLICATION

IN

There may have been isolated cases in which writers
made a regular income by the sale of their manuscripts to

publishers, as was very probably done by Martial; on the
whole, however, there was no money in it; that class of
transactions was never important enough to receive
specific legal treatment or an independent economic status.
Quinctilian's letter to his publisher Tryphon does not as
much as allude to the question of remuneration.
Juvenal's
satire,
seventh
whilst enumerating
the most trifling
sources of income of rhetoricians, advocates, and other
professions,

As

has not a word to say about authors’ fees.
rights” were there to be assigned, the

no “authors’

publisher of a new work had to rely on turning to profit
the advantage gained by his priority in the market, by
getting the start of his competitors with his new publica
tion. Even the highly problematical restriction of the
forms of illicit competition by conventions or
would not have made much difference in
this respect.
On the other hand, it was a matter of
common decency for the author to warrant that priority,
grossest

trade-usage,

perhaps

even to refrain from competing
later on with
copies prepared for his own account; some trace of such a
rule may be found in Martial's testimony:
Exigis ut donem nostro tibi, Quinte, libellos.
Non habeo, sed habet bibliopola Tryphon.
Martial IW., 72.
. . et faciet lucrum bibliopola Trypho, Martial XIII., 3.

At

any time would copies produced by, or under the
control of, the author himself have got the better
of a publisher's edition which, at its best, was a perfunc
torily manufactured article.
Simple, then, as were their business dealings, yet authors
and publishers were often intimately associated.
The
personal

correspondence
seller's weighty

of Cicero with Atticus discloses the book
influence on the great writer's publications,

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and amply illustrates the attention paid by Cicero to his
publisher's opinion on the daily progress of his labours.
Many a Roman publication was due to publishers'
incitation, to their appeals for new works, or their
encouragement of hesitating authors. As remarked above,
the term of author was far from being identical with that
of writer for the public. Style and form were far more
important in those times than nowadays, and all those
works that had been composed for ephemeral purposes, or
for certain circles only, would but reluctantly be yielded to
publicity, to be for ever attached in a definite shape to the
author's name and fame. That sort of scruple had to be
Then,
overcome by the publisher's powers of persuasion.
purely
very
a
serious obstacle
of a
technical nature
encountered every author aspiring to publicity, in the
exigencies of the materials from which the editions were
manufactured: in the limited size of the rolls, each of

which was supposed
complete

to contain an independent
work or
section, and the limits of which the writer was
bound to observe, not only when arranging and

rigidly
distributing

subject-matter, but throughout the
Thucydides or Plato knew of no procrustean
restrictions, but now a work intended for publication was
of necessity the result of a compromise between the
impulse to free, unfettered production and the hampering
conditions of the book market.
the

composition.

Publishing enterprises were commonly carried through
at the risk and expense of the publishers, some of whom
were wholesale tradesmen
on a grand scale.
In some
cases, however, the author was his own publisher, as Cicero
in the beginning of his career as a writer. Again, in
others we find a stage of transition from the latter (the
earlier), system into the former, the author taking part of
the expense upon himself; so Cicero shared the consider
able cost of the paper with his publisher.
On the other

�THE CONTRACT OF PUBLICATION

8
hand,

nothing to prove that the author had a

we have

pecuniary

IN

interest in the sale.
If Cicero decided to let
have all his future works, because that clever

Atticus
publisher had brought about an extensive sale of the
speech pro Q. Ligario, we need not look beyond the orator's
notorious vanity and craving for popularity for an
explanation.
Birt has arbitrarily interpreted that deter
mination of Cicero's as emanating

from

satisfaction

at

his share in the profits, and believes this hypothetical
partnership to prove a common system of remuneration.
letters, whilst
All that is mere guess work.
Cicero's
referring to the least important details, never allude to
any

of in

In

to

an

and, when

finished copies
also highly probable that
copies free
charge,
which

of

by

to

a

was allowed
number
he would dispose
his best advantage.

of

of

is

were revised and corrected.
he

necessary, the

It

was recognised,

a

;

to

of

a

by to

in

by

if

by to

or

of

a

in

of

of,

financial benefit derived from his connection with
Atticus.
Publications by, or on behalf
the writer
himself probably originated
the production
small
copies for exchange with other authors
number
for
patrons, under the author's immediate control,
sale
not
his own hand; but we are left
doubt about the
disposing
methods employed
him
his work where
real edition was offered
the public.
return for the
pecuniary sacrifice made
author contributing
the
cost
the edition, his literary interests
met with
some consideration
his claim
careful reproduction

Italy

its

in

of

to

of

of

of

of

The fall
the Roman Empire was not survived
the
vigorous literary life and the grand book trade
days
affluence.
All learning, the entire production and
reading matter were banished
consumption
the
higher civilisation
monasteries, until the resurrection

in

of

a

awakened
considerable demand for manuscripts,
calling into life new systems
organised copying that had,
however, nothing
common
with the Roman trade

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9

Above all, there was no occasion for dealings
between authors and publishers.
It remained for the printing press to bring contemporary
scholars again together with literary enterprisers.
The
production of printed books was originally a purely
undertaking.
industrial
When the publishers first ap
methods.

men of letters, it was in quest of services that
were to be entirely subsidiary to their own trade purposes.

proached

It

did not occur to the publisher of the German-speaking
nations to look for works by living authors until the 16th
century was well advanced; certainly any original works
that may have appeared before then have been lost amidst
the reproduction of mediaeval manuscripts; the demand for
books was well met by Fathers of the Church, Bibles,
classics, and school-books.

The main conditions of a satisfactory reproduction were
possession of a correct manuscript, and the control of
the printers by a literary expert.
Not a few of the early
continental publishers were qualified for editing the manu

the

scripts

themselves,

being men of considerable
learned
This was no mere coincidence, for a pub
lisher's success in business was often dependent on the
taste he displayed in selecting the treasures of the classic
ages.
Publishers like Aldus and Froben were supported
by
alike
their enthusiasm and by their knowledge.
But
technical skill was not always paired with literary ability;
those printers who knew their own trade but could not
dare to undertake the recension of ancient texts themselves,
turned to specialists for this part of the work, at first to
clergymen, later on with a preference for young humanists.
The progress of printing and publishing made this
division of labour the rule.
The office of the correctors,
attainments.

or castigators, as they came to be called, was of no mean
importance; they were responsible, not only for the pre
paration of the copy, but also for correct composition, as

�10

THE

CONTRACT OF PUBLICATION

IN

yet by no means a matter of course.
The choice of suitable
recensors and castigators
was always of much concern
to the great printers of Strasburg, Nuremberg, and

of Basle, and they managed to secure the ser

especially

vices of a number of the most important savants of the
Brandt,
age of the Reformation ; men like Sebastian
Melanchthon, Beatus Rhenanus, Erasmus, were retained as
castigators

literary experts.

The times had changed
of letters was openly paid for
services rendered.
Erasmus tells us, that Froben spent
enormous sums for the recension of his publications.
We
have, however, no record of specific amounts paid to casti
or

Now the

indeed.

man

gators.

The legal
the

contracts

relations in question were simply those of
for services, for doing work on materials,

or for doing a specific piece of work. But the association
embraced, from the very first, the nucleus of interests of
which the pure types of contracts named would have no
literary interest of the editor in the work
cognisance—the
under his care. Even the earliest humanists, to
whom the recension of classics was intrusted, wrote intro

produced

ductory notes, verses of praise or appendices, never omit
ting to advance their own claims to be known as editors
This was no innovation. Up to the last, the Romans were
at the greatest pains to carefully preserve and transmit
the true text of the classics.
The subscriptions added to
the manuscripts,

with their legi, distinati,

ememdavi,

bear

witness of that in an unmistakable way.
Those who
charged
themselves
with the labour were not of the
clergy, but laymen, and were often enough of the highest
secular standing.
Even a Roman emperor, Theodosius II.,
prided himself in his capacity as recensor.
The great
humanists of the Reformation could never have under
rated

the

classics,

importance
and

a

lofty

of their work as trustees
view

did

they

take

of

of the
their

�GERMANY,

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11

Their dignity was not thought to be
fact that they stood under a contract
for services; often enough the publisher himself was
prompted as much by his enthusiasm for letters as by the
functions as editors.
impaired

by the

love of gain.
And then, the office of the mere corrector or
proof-reader was soon differentiated from that of the
learned editor, when once the first professors of the age
had stepped into the ranks of castigators.
No less a man
than Erasmus objected strongly to being confounded with
the common proof-reader.
These facts of history go far to explain the peculiarities
of the German Contract of Publication.
To instance one,
every and any sort of fee paid to authors is called, up to
the present day, “honorarium,” in unconscious imitation of
those early contracts for professional services, though the
transaction in question may be a sale pure and simple.
But the reason of that affinity lies deeper than in

superficial traditions. Had the Romans known a special
Contract of Publication, it would have been adopted as a
matter of course, at least for original contemporary works
when they once began to be published, for the Civil Law
was then on its triumphal march through the civilised
But, in the absence of Roman enactments, and, of
world.
course, of anything of the kind among the old Teutonic
institutes, they did not trouble themselves about finding
some other suitable type of contract, e.g. partnership, as

legal adjustment of their dealings; and the
publication of original productions was regarded, as far
as the relations between authors and publishers went, in
much the same light as that of revised classics.
The
a deliberate

occupation

of castigators, performed under the contract
services,
for
had become too dignified an office to let that
contract

quite improper in the case of original
Then, as said before, the publisher might be
of a savant himself as a mere tradesman, and

seem

production.
as much

�IN

THE CONTRACT OF PUBLICATION

12

his profession was not yet so clearly differentiated from
that of the author's as it became later on. The man of
letters was rather his collaborator, than a quite inde
pendent factor of production, and would not feel called
publisher with the immense
upon
impress
to
the

superiority of original work, or to seek for a fundamental
re-adjustment of their relations.
But the conditions of original production were vastly
different from those of the castigator, the learned employé,
and could not but make themselves felt by raising many
complications and conflicts of interests for which the pure
contract
for services, the locatio conductio operis or
operarum, could not provide.
However, they were as little
by the age of the Reformation as they had
understood
been by the Romans: and the result was a confusion
which retarded,
not only the evolution of a definite
type of Contract of Publication, but probably also the
general recognition
of Authors' Rights for centuries
to
come.
The contract for services has managed to obtain in
some important details, up to the present day, where its
real basis, the relation of author to publisher as that of

he

it,

employé to employer is but rarely met with.
Thence the
modern legal presumptions, that a publisher who invites
the production of a work tacitly agrees to pay for
and

at

to
a

a

ab

on of

he

it

he

a

to

it

a

to

of

may have
that
bear the risk
locator operis.
On the other hand,
was quite the exception for an
author
receive
fee for original work produced
his
publisher with
own instance, when
had offered
whom
had not had previous dealings under
contract
initio,
services, which now would have placed them,

in

at

it

by

to

in

of

is,

a

to

kindred material basis when coming
terms.
tracing the absence
beyond doubt, right
Schuermann
remuneration
this case
the opposite arrangement,
under which the author had his book printed
the
printer-publisher, and then published
his own risk

�GERMANY,

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13

and expense, having, as a rule, none but pure literary
interests in view. The same authority assures us that the
comparatively high fees known to have been paid for
original work must be referred exclusively to those cases
in which the publisher occasioned its production, and
where his professional point of view was of dominant
on the composition.
The works of the many
popular authors and compilers that swamped the market
of the 16th century, were one and all written as mere
industrial enterprises
to comply
with the publishers'

influence

speculative

interests.

The profession of an author was, on the whole, a poorly
paid one, and was not supposed to offer a living. Payments
in cash remained the exception up to the 18th century,
and they were never considerable,
but often humiliating ;
and the more erudition, the less pay.
The celebrated
Elzevirs enjoy the unenvied distinction of exceptionally
Now, the same men who were ready
mean shabbiness.
enough

serve for a good fee as castigators
did not
recognise as gentlemanly payment for original
works quite contrary to the practice of the Roman authors.
But in Rome the author's fee was the price of an article
to
immediately

sold, whereas the business relations of authors and the
early printers originated in the contract for services, and
though not the slightest ignominy was now attached to
that contract, yet to take money for one's own original
thoughts as another's employé, seemed at first as hiring
out one's freedom of thought. The rapid growth of the
importance
difference

of original works for the market soon made the
between the original writer and the hired labour

of the proof reader too palpable
able

comparisons,

vanished.

and

the

to admit of any disagree
sensibility regarding fees

-

The contract for the services of scholars was, then, the
first of the institutions from which the German Contract of

�14

THE CONTRACT OF PUBLICATION

Publication was evolved.

IN

The other source of the modern

is to be found in the contract for the production
of books at the author's expense, which has been mentioned
contract

above.
When a modest market for new writings first
managed to establish itself amidst the masses of new

editions of old books, the authors had to bear, not only
the expense of their production, but also, to a large extent,
the labour of disposing of them to the public. There
were only a few isolated exceptions to this rule during
the first and second decades of the 16th century. The next

of

at

as

by

its

step was taken when the authors began to charge their
pro
printers with the sale of the book in addition to
duction,
was done
Martin Luther
the outset
his
literary career.
Luther's later dealings mark another

on of

to

in

if

of

to

of

important stage
the contract's progress.
The printer
allowed the amount due
stand over and paid himself
pro
they fell short
from the sales effected;
the cost
duction, Luther paid the difference, relinquishing,
the
other hand, any profits derived
the printer,
return

an

of

a

or

to

of

at

to

for his trouble and for his crediting the expense. Of course
this arrangement could give satisfaction
those authors
only who aimed
nothing but the dissemination
their
works; but then Luther never looked
his publications
for profit,
claimed
fee.
From agreements
this type,
to

it

easy step
the contract under which the
not only credited the expense, but charged
himself with the risk
the enterprise, still appearing,
principle,
the author's agent,
far
was bound
produce and properly publish the book.
To these types
contract we may trace the origin
modern rule,
according
which the author may control the production
and claim proof sheets, but must bear the cost
unreason
was

he

as

a

so

of

to

of

of to

in

as

of

on

publisher

The only regular material
authors was the free copies
supply; those
his work which the publisher engaged
to

of

to

ably numerous alterations.
benefit commonly granted

�GERMANY,

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15

he either sold outright, bartered for other books (which
again were not unfrequently sold) or presented to patrons.
Patronage had to eke out the poor scholar’s scanty income;
towards the end of the 17th century, the system of public
dedications
to rich and influential men, to corporations
and cities, had attained a magnitude, grand in its baseness.
The right of dedication was a property concerning which
special agreements

were made.

The dealings of authors and publishers had outgrown
the clearly defined but narrow boundaries of the pure
contracts
for services, but not to be dealt with and
conceived with legal precision
or to be classified as a
type of contract.
new specific
Untold modifications
and loose agreements stood in the place of any institution
exactly describing the mutual rights and duties of the
parties, and the confusion was still enhanced by the

rarity

of written agreements
(which did not come
into common use before the 18th century) and by
the motley systems, under which the innumerable autono
mous states issued copyright privileges.
These privileges
were the only protection afforded to the author's, or rather
the publisher's interests, and their very name implies the
inability of the times to conceive of Authors' Rights as a

Up to the last the
manuscript embodied all rights in
contents, and its
reprint it—a legal
possession was
copy
title
conception undoubtedly derived from the common practice
printing. This
the age
the castigators, the infancy
implied the right
publisher who had once acquired an
print
liked, the
many editions
author's work
purchase

being

its

or

of

absolute

unconditional.
their own licence

and

he

as

as

to

a

of

of

of

a

to

species of real immaterial property.

Conversely,

or

to

of

to

publish
the authors vindicated
competing editions elsewhere, subject,
course,
the
publishers' claims from public privileges
special
arrangements.
All this may explain how Goethe could

�16

THE

CONTRACT OF PUBLICATION

IN

write in 1824–“Fifty years ago, a contract for the future
was unimaginable.”
The author's right of altering new
editions and claiming a fee for them was highly problematic
till this century.
It is true, that the eighteenth century
had somewhat consolidated the conception and crystalised
the types of publishing arrangements.
But the develop
furthered one,
stating
explicitly
that even the Prussian Code of 1794 omits
primary
obligation
publisher,
viz.,
the
of the
to actually
produce a work once accepted for publication, whilst some
ment was so little a conscious

or deliberately

of the code's provisions take that obligation—highly con
Though originating
troversial up to then—for granted.
in the earliest institutions of the age of printing, the
Contract of Publication, as a deliberately developed
institute, is thus a product of our century—of the age of
general recognition of Authors' Rights,
Prussia was the first state to codify the law of the
Contract of Publication, and most of the provisions of the
Civil code of 1794 are still in force.
Since then, the most
important statutes passed were those of Austria (1811), of
the Canton of Zurich (1853-56), of Saxony (1865), of
Hungary (1875), and of Switzerland (1883).
Then, occa
sional remarks are to be found in the copyright bills or
ordinances of the minor German states, as well as in those
of the states named above, and in the Imperial German
copyright bill of 1870. The “Dresdener Entwurf,” the
project of a code of obligations prepared for the federated
German states, but deprived of its raison d'être through
the events of 1866, has been of marked influence on the
subsequent

development

of the law.
all content themselves with
establishing a limited number of leading propositions,
and it has been left to the high courts and the unofficial
work of specialists to set up rules for their application to
practice.
The most important book on the subject is
These

statutes

one and

�AUsTRIA, HUNGARY,

GERMANY,

AND swITZERLAND.

17

Waechter’s“ Verlagsrecht,” published 1857-58, up to the

by

is,

present day the standard work on the Contract of Publica
tion, in spite of many antiquated opinions.
A long list of
authority
greater
writers of
or minor
will be found in Dr.
Osterrieth's “Altes und Neues zur Lehre vom Urhe

of

statutes

in of

G. in

very complete copy

and legislative

projects,

the

most

the law

Leipzig,

the pertinent
besides other

by

sections

(1870)

of

has published

a

of

B.

of

Osterrieth
the way, one
original and influential reformers
the realm
copyright and publication.
Tuebner,
berrecht.”

A

F.

in

of

in

be

or

to

in

set

is

of

by

“

to

be

authoritative utterances, compiled
W. Petsch.
similar compilation, far less complete, but more convenient
date, will
and brought up
found
Streissler's
Urheber,
Recht für
Buchhandel und Presse" (published
1890
Baron Biedermann). The publishers' view
the
Voigtlaender's“ Verlags
subject
forcibly
forth
every
recht" (1893). Short digests are
found
modern compendium
Teutonic
Commercial law.
The following abbreviations are used below:
Bes.

Beseler, System des gemeinen deutschen

Privat

Blu.

I.

rechts (1866).

Blu.

II.

Bluntschli, Deutsches Privatrecht, Vol.I. (1851).
Bluntschli, Kommentar zum Zürcher Privat
Gesetzbuche.

Dernburg, Preussisches Privatrecht.
Eisenlohr, Das literarisch-artistische Eigentum
und Verlagsrecht (1855).

End.

I.

rechtlichen

Der.
Eis.

End.

II.

Endemann, Das deutsche Handelsrecht (1865)
Gesetz,

&amp;c.,

vom

11.

(1871).
Gengler, Lehrbuch des deutschen
(1854).
Gerber, System des deutschen

Juni,

1870.

Privatrechts
Privatrechts

(1853).
C

Ger.

I.

Geng.

Endemann,

�Ger.

IN

THE CONTRACT OF PUBLICATION

18

II.

Gerber, Gesammelte

Juristische Abhandlungen

Klo. I.
Klo. II.

(1872).
Klostermann, Das Urheberrecht (1876).
Klostermann, in Vol. III. of Endemann's
Handels-, See-,
Handbuch des deutschen

Kohler.
Schneider.

und Wechselrechtes (1881-85).
Kohler, Das Autorrecht (1880).
Schneider &amp; Fick, Das Schweiz. Obligationen

Stobbe.

recht (1892).
Stobbe, Handbuch des deutschen

Privatrechts,

Vol. III. (1878).
Wii.
Wächter, Das Verlagsrecht (1857-58).
German C.R.B
German copyright bill of June 11,
1870.

Austrian C.R.B.

Austrian

copyright

bill of Oct.

19,

1846.

Hungarian C.R.B. Hungarian

copyright bill of May

1,

1884.
Swiss

C.R.B.

R.O.BI.

Swiss copyright bill of April 23, 1883.
Entscheidungen des Reichsoberhan
delsgerichtes.

Prussia:

:

Saxony:
Baden:
Austria

Allgemeines Landrecht, Part
Bürgerliches Gesetzbuch.
Landrecht.

I.,

Where the number of an article or section is appended
to the name of a state, the following laws must be under
stood as cited :
Title 11.

Allgemeines Bürgerliches Gesetzbuch.

1875, Title II.
Code (Article 37)
Switzerland: Schweizerisches Obligationenrecht.
Zurich
Zuercher Privatrechtliches Gesetzbuch.
:

of

Hungary:

by

as

Anomalous statutes and such
contain special limita
tions, &amp;c., are enclosed
square brackets.

�GERMANY,

AUSTRIA,

HUNGARY,

AND switzERLAND.

19

I.—DEFINITION.
The Contract of Publication
from an author
exclusive right to copy a work
engages to procure and publish
1.

a person acquires

is the agreement whereby
or his legal successors an

of literature or art, and
the copies at his own

expense and risk.
2. Legal successors: Any person or persons who have
acquired by legal means all Authors’ Rights in a work.
3. Every work falls under the Contract of Publication
that is qualified both for protection from piracy and for
sale.
4. The transferee need not be a professional publisher.
5. The work concerning which the contract is made may

which he

is

145) until
bound to do.

the author has completed

it,

(Klo.

effects

I.,

be ready for reproduction, unfinished, or merely projected;
is not ready, the contract has none but obligatory

if it

(c)

is

to

essential

Publication
risk.

Publication;
publish;
the publisher's own expense and

the transferee

to

of

of

of

the Right
at

(a) Transfer

(b) Obligation

It

as

is

generally regarded
The following
Publication:

the Contract

of

1.

II.-EssBNTIALs.

not essential:

a

of

that the transfer

2

But few authorities deny

c

2.

of

at

of

of

a

(a) That the author should stipulate remuneration;
(b) That the transfer
the Right
Publication
should involve an unlimited use;
(c) Or that the publication should take place
the
expense and risk
the publisher alone.

�THE

20

CONTRACT OF PUBLICATION

IN

“Right

endorsed
adopted

question

has

been

nearly all jurists.

statutes

practice,

and

have

of

for the purposes
this com
pilation. Contracts concerning works without copyright—
generally
e.g., old inedita, text revisions
classics—are
devoid
most
those features that mark our matter,
but must,
the whole,
treated analogically
the
typical contract: (Hungary,
The authorities agree that the contract implies not
obligation
merely the right, but
the transferee
publish the work
his own risk and expense.
“This
publisher
criterion excludes those agreements whereby
5.)

to

pay for
orders work and undertakes
engagement
no
about publication”:

Both parties

presumed

it,

a

at

to

of

an

3.

§

to

be

of

on

of

of

it

unreservedly

the

I

their view

by

in

the affirmative

is

answered

Anyhow,
by

opinion.

dominant

As

of

of

a

of

I.,

of Publication” is of necessity involved in Con
tracts of Publication : (See Kohler, 291; Stobbe, 285;
Dern., 640; Gerber II.) Their objections are set aside
by that view of the matter which has ultimately gained
144; Wii., 219,
the ascendancy (See Klo. II., 717; Klo.
&amp;c.), although they are based upon
truer conception
the real nature
the contract than that
the pre

but enters into

(Klo.

II.,

717.)

a

contract

a

in

in

be

to

5.

to

a

as

a

to

of

no

4.

at

a

of

of to

for
valuable
consideration.
“The Right
Publication derives all its
importance from the value
the manifold reproduction”:
(Eisen., 85.) The publisher expects
profit from the
sale, whereas the author sees his work propagated
the
publisher's risk and expense.
The writer may share risk and expense with the
publisher, but
Contract
Publication exists where
publisher undertakes
publish
work
the author's
agent, without any risk
himself, though
his own
name, and though
share
the profit may
allotted
him: (R.O.H. XVI, 251.)
are

These

legal

presumptions

have

determined

the

�GERMANY,

AUSTRIA,

HUNGARY,

21

AND switzERLAND.

evolution of the Contract of Publication and still determine
its operation, even where other considerations step in, as
where the publisher is prompted by ideal purposes or where
the author writes for pecuniary profit. Even where they
agree to share loss and profit, an ordinary Contract of

Publication exists between them in addition to the partner
ship, and defines their mutual relations and obligations;
their partnership acts upon nothing but the ultimate

II.

719; Blu. II. 514.)
(Klo.
6. One of the most important consequences of this
conception of the Contract of Publication is the universal

financial settlement:

opinion that remuneration
to,

nor

even

presumable

of the author is neither essential
from, a bare Contract of

it.

Publication in itself.
If a fee has not been expressly
stipulated, it is only then regarded as implied, when
special circumstances point to

III.-NATURE

RIGHT OF PUBLICATION.

OF THE

or

of

to to a

as

by

1.

of

Complete agreement about the legal nature
the
right transferred has not yet been arrived at.
Literary
proprietorship was conceived
the earlier authorities
property, and they believed the contract
mere species
partly
transfer the original Authors' Rights entirely

re,

in in

is

3.

is

of

re

in

a

re

in

a

a

a

no

2.

be

I,

61; Blu. II. 509.)
the publisher: (Wä., 111, 219; Blu.
“There can
doubt that the publisher cannot
jus
claim the entire ‘Authors’ Rights,” but only
jus
immateriali,
use,
not real
but
use
an
immateriali, that
immaterial property—a singular jus
indissolubly connected with the personal performance
an obligation”: (Kohler, 289, 291.)
The conception predominant among modern jurists
is

by

or

to

a

of to

of

to

of

similar
that
von Daniels who says (in his Preussisches
Privatrecht): “The Right
Publication
the authority
literary
reproduce
any means
artistic production
multiplication and
sell the copies without competition.

�22

THE

The Right
dependent

CONTRACT

IN

PUBLICATION

OF

right that is
of Publication is a derivative
upon that original right of the author's to debar,

within certain limits marked
copying his work.”

its

4. Endemann has given
possible forms of transfer.

out

by statute,

others

from

the following summary of the
“The author may transfer his

in
it

he

on

to

be

in

of

to

of

a

an

so

jus),
no

(quoad

of

totality with the substance
his rights
entirely
parts
that
with them and
right whatever;
e.g. when
retains
author sells
manuscript finally and disposes
his right
control the
publication, and
pecuniary
his
interest
the
work. An author may
found
have yielded up his
work in

he

of

a

of
in

be

of

an

of

the remodelling
his work for future editions
by
agreement
this kind. Then, again, the Authors'
Rights may
disposed
way that
such
does not
assign
his seignory and the substance
his rights,
but only their exercise and produce (exercitium).
This
influence

he

of

is

he

in

of

can take place under manifold modifications
and limita
tions, but
every case the essence
Authors' Rights
parts with
remains with the author.
All
the
printing and publishing
pecuniary use, i.e., the right

work.
And
retains not only the intellectual
command over the future shaping
his work for new
disposal peculiar
authorship.
editions, but every form
This
not even precluded
transfer for all editions,
is

by
a

to

of

of

the

be

to

i.e., the perpetual exclusive use. The use and the spiritual
fathership appear
very different things.
And most

a

in

is

It

.

.

quoad jus, the other

quoad exercitium.

And the right

of

is

be

.” of .

is

of

of

by

is

if

certainly does the author (or his successor) continue
Now,
dominus
the transfer was made with limitations.
generally
brought
this
the state
affairs that
about
only
the Contract
Publication.
exceptional cases that
transfer
all Author's Rights
Under the common
will
found presumable.
contract “there are two claimants: the one
entitled

�GERMANY,

AUSTRIA,

HUNGARY,

one, but

latter is no absolute

the

AND switzERLAND.
is derivative

and

23

is

of

of

or

by

in

no

it

to

the publisher abandons his right
reverts
the author.
statutory law,
This theory meets with
obstacle

6.

If

of

of

5.

of

I.,

founded on the ‘Authors' Rights,” the substance of which
remains with the author.
.
.
.”: (End. II., 11-13.)
says:
Right
And Klostermann
“The
of Publication is not
to be confounded with Authors' Rights”; (Klo.
153.)
The Right
Publication for any number
editions
does not include the Right
Translation
(in case
dramatical works being published)
Public Performance;
nor does the author lose the control over future editions.

a

of

Switzerland, Art. 375:
and has explicitly been received
special understanding, the Contract
“In the absence

PLANNED

BY

to

it

as

of

IV.-WoRK

so

so

in

to of

Publication makes over the exercise
Author's Rights
publisher
far,
long,
the
and for
serves
secure the publication.”
ANOTHER.

of

a

3.

in of

by

2.

of

in

no

of

an

of

a

to

to

of

to

of

;
,

of

1.

of

be

joint authorship need not
The question
dealt
with here
but there are similar relations that are
copyright and publication has
interest
us. The law
supply, and
no cognizance
the amanuensis who intends
actually supplies,
contribution subservient
the pro
work,
vitally
determining
duction
the author's
but not
the substance
the whole (Wä., 184); such
assistant
has
Authors' Rights whatever
the resulting work.
work,
The mere completion
which the greater
part was written
another, does not always vest the
author
the completing part with independent Authors'
Rights
his contribution: (R.O.H., XVII. 39.)
An author who makes over his work to another
may
the understanding that the transferee
raw material for his own work, and without
as

in

reservation, will stand
the same legal relation
resulting work
the mere amanuensis.

to

a

on
as

it

author,
use

the

�24

THE

IN

CONTRACT OF PUBLICATION

4. But in no case may a literary production, or any part
of one, be given out as the work of another author who
has not written it in the form in which it is published:

XV.

(See below,

8.)

which someone orders a literary or
artistic work for his own use, but not for reproduction, is
not under our notice: (See VI. 2, ad fin.)
6. Where an author has worked on a plan supplied by a
publisher, the circumstances of the case may debar the
writer from acquiring Authors' Rights in the work pro
5. The

case in

of to

on

of

A

be

to

is

of

however,

of

merely the technical

single parts,

does not

so

its

embrace

the

substance
the work, but
finishing, the supplementary composi

is

or
a

of

interwoven

to

be

subordinate contribution that
with the whole; and when the employer
produce the substance
intends himself
the work and
actually produces it; then those contributors are mere
to

tion

the order

the integral

of

“When,

production

of

9.

in

as
a

is

of

in

its

in

a

its “

8.

an

:

as

or

he

or

:

A

of

A

of

is

or

it

of

a

it,

duced: (R.O.H., XVII. 39.)
employer
7. But the
who merely gives an external
impulse to the author's independent production acquires
no Author's Rights in
but only
claim
the valuable
use of
under the law
the Contract
Publication.
This
even then the case, when the publisher suggests
Dictionary
Chemistry,
determines
the topic (e.g.,
Compendium
Penal Law,
Series
Articles
Bimetallism, &amp;c.) (R.O.H., XVII. 36.)
Even where the
publisher has supplied the author with single
editor
regarded
motives, ideas,
materials,
still only
(Wii., 186.)
the author's amanuensis
employer only acquires the rights
Such
author
ship who has laid out definite plan for the work which
entirety and
details,
governs
execution
that the worker
the instrument
another's ideas, not
only
undertaking the task
whole, but throughout
the workmanship”: (Wä., 192.)

�GERMANY,

AUSTRIA,

HUNGARY,

AND SwitzERLAND.

25

is the author of the resulting
original
copyright;
work and has the
and his artificers
have no share in the Authors' Rights, and their claims are
confined to such payments as may have been stipulated ”:
(Wä., 186.)
10. These principles are now regarded as decisive for
the interpretation and application of such statutory pre
scriptions as touch upon the subject.
[11. In Prussia, the author's control of future editions
amanuenses;

the employer

if

its

lapses, “when the publisher has conceived an idea and has
charged a writer with
elaboration,
the writer under
in

by

a

as

be

to

in so by

of

by

in

he

a

“If

a

a
:

§

§

of

”:

writing
special reservation
(Prussia,
1021.)
12. Austria,
1170
writer undertakes
the
plan laid out for him
elaboration
work after
the
publisher,
(the author) can claim nothing beyond the
remuneration agreed on.
The publisher has the free
copyright for all the future.”
provision has been accepted
13. This Austrian
Switzerland
Art. 291
the Code; “This article
applies
those cases only where the plan framed
the
publisher must
considered the main achievement,
that
takes the task without

it,

a

or

to

as

it
is

if,

or

employee
the writer appears
contractor
his
quite
thing
happens often
service.
But
another
enough, the publisher merely suggests the work
the
author,
plan for
perhaps lays down
the resulting
work being really the author's own independent produc
tion”: (Schneider, 509.)]

W.—CLAssIFICATION OF THE CONTRACT OF
PUBLICATION.

is

of

of

to

of

to

no

above

of

It

1.

apply
attempt
that
the traditional kinds
contracts
the
Contract
Publication has gained common acceptance.
To-day, the Contract
nearly universally
Publication
was remarked

the special rules

�26

THE

CONTRACT OF PUBLICATION

IN

be

of

to

its

on

It

us

to

by

its

regarded as a peculiar modern institution, a transaction
sui generis; it is subject to the general law of contracts,
but stands a distinct species, and
details must
jurisprudence according
treated
its special features.
would lead
too far, were we
trace the influence

of
to

to

be

2.

of

in

development
other institutions
this place.
How pronounced the isolation
the Contract
readily
Publication has seemed
some authorities, will
following
inferred from the
nonsensical
utterance

peculiar junction

dare, praestare,

the special

of

rather

nature

the

of

as

It I.

(Ger.

a

to

be as

of

in

of

of

by

but

in

and
actions
called for
the Contract
Publication.
Intellectual
workmanship
literary production, and the
the form
publisher's propagative activity are performances
just
original import
“dare" and “praestare,” and cannot
jurisprudence”:
reduced
more general term

facere,

in
a

found

of

be

a

which
celebrated jurist has committed himself: “The
distinctive feature of the Contract of Publication will not

459.)
an

of

of

That happens,

however,
some
where an author disposes

by of

of

a

to

is

3.

quite the exception for
author's business
pure category
transactions
fall under
Civil Law,
instead
under our typical Contract
Publication.
cases

of

it

the

of

at

a

to a

or

place
takes
deliver some specific work and
publisher
disposal
operis),
free
the
(loc. cond.
&amp;c.
to

a

or

in

of

or

in

the

sale

at

a

of

as

noticed
donation
it;
manuscript and
all Authors' Rights
where
publisher
writer places his services
the free disposal
(locatio conductio operarum);
where
writer under
above,

Prussia,

WALIDITY, CoNSTRUCTION.

998, makes the validity
written agreement.
But

of

WI.-ForM,

of

Art.

a

of

on
a §

a

1.

the contract
272
the
Common German Code
Commerce declares the Contract
of Publication
commercial transaction when made with

dependent

�GERMANY,

AUSTRIA,

HUNGARY,

AND switzERLAND.

27

professional publisher, and as such it is released from all
formalities by Art. 317 of the same Code.
And as in
Germany, the law of the States is overruled by Imperial
legislation, a written agreement is now prescribed, then
alone, and only in Prussia, when the publisher is not a
corporation or private
tradesman, e.g., a non-commercial
person who may undertake a publication for public benefit,
for religious purposes, &amp;c., or for profit : (Dern. 640.)
Nowhere but in Prussia has a written contract
been
prescribed

for our agreement.

At

the present day, the Contract of Publication is
universally regarded as a consentient contract—i.e., a valid
contract exists as soon as the parties have agreed on the
2.

points.

This

agreement may be inferred from
of the parties (R.O.H., XVI. 249);
e.g., if an author delivers a manuscript to a publisher on
having received certain proposals from him (Wä., 374);
or sends in a manuscript to a periodical : in either case
without a reservation.
But the intention of entering into
essential

the conduct

or acts

parties

reciprocal
are

is

Publication

to

construed

after the

The real
ascertained
well

contracts.

in
as

the

its copyright:

of as

principles

be

tentions

Contract of
of

A

3.

general

title

5.)

to

IV.

no

all copyright legislation,

(See above,

of

ing

to

is,

a contract must be inferable from previous transactions or
from usage; for the mere possession of a work
accord

in

be

it

be

no

of

to do

be

to

to

of

is

of no

of

to

possible,
consequences
and the reasonable
these
drawn; for
kept
intentions
must always
view that the relations between author and publisher are
capable
untold modifications which are restricted by
legal inhibitions. Then only, when there
evidence
the intentions
the parties,
the legal presumptions
construed, not only
take effect. These intentions are
according
the expressions used, but also
their previous
relations and transactions, the special nature
the

�28

THE

CONTRACT OF PUBLICATION

IN

business in question, and special circumstances to which a
trade-usage is attached.
In view of the complexity of the
relations established by the contract and of the subtlety
the principles of bona fides are here of
enhanced importance.

of its performance,

VII.-CHIEF

RESTRICTIONs.

contracting with a publisher must be
1. A person
entitled to dispose of the Authors' Rights in question
(Switzerland, art. 374); the author himself is liable to his
publisher for his exclusive Right of Publication, he must
inform the publisher of any previous disposal (Switzer
land, art. 374); even if such previous disposal does not
preclude the publication now contemplated. The publisher
can recover damages for defect of title of the author, if a
third person asserts with success an older right to the
work in question, or proves it to infringe a copyright of
his own: (Klo. II. 721; Dern., 642; Eis., 84.)
2. The author's future disposal of the work is governed
by two main principles (Wä., 280):
(a) He has curtailed his rights by constituting the
publisher's Right of Publication and is deprived,
to the extent of this right, of their exercise:
(b) He has implicitly, if not expressly, entered into
an obligation not to interfere with the publisher's
valuable interest in the Right of Publication.
The author, then, is limited to narrower bounds than a
third person that manages to escape a copyright action by
altering the form of the work sufficiently to avoid a tech
nical piracy.
The author is liable for every and any illicit
competition: (See X.)
3. On the other hand, the publisher is bound not to
make any use of the work not authorized by the contract.
[4. Legislation on copyright has gone farther than the

�GERMANY,

AUSTRIA,

HUNGARY,

AND switzERLAND.

29

law in insisting on the liabilities arising from
the contract.
In the German Empire and in Hungary, a
reprint of works made by author or publisher in violation
of their agreement, especially the production of a larger
edition than that which the contract allows the publisher,
constitutes a criminal infringement of copyright: (German
C.R.B., § 5; Hungarian C.R.B., § 6.)]
5. The prohibition of any disposal of the work by the
author, to the disadvantage of the publisher, is expressly
enacted by Saxony, § 1140; Hungary, $ 517; Switzerland,
common

Art.

375.

VIII.-ExcLUSIVENESS

OF THE

RIGHT OF PUBLICATION.

1. The transfer of the Right of Publication authorises
the publisher not only to copy and publish the work but
also to prevent others from doing so.
“This exclu
siveness determines
the very nature of the Right of

Publication as a valuable right, a property” (Wä. 108.);
it is the gist of the use transferred to the publisher.
2. Now in some cases the mere priority or even a licence
with that of any number of others may be of
value to a publisher. This will generally be the case with
“news; ” a newspaper's interest lies rather in bringing

concurrent

§

on

s.

2;

a

s.

of 9,

§

no

of

it.

important news before, or at least not later than its
competitors, than in preventing others from reprinting
Recognising this, the law
copyright affords the ephemeral
7b;
newspaper article
protection
(German C.R.B.,
4);
Hungarian C.R.B.,
Swiss C.R.B., Art. 11,
only where the value
the use depends
its exclusive
production against piracy.
ness does the law protect

gist

the author's work

3;

the

is

the

I.

:

article from

(See above,

of

to

presumed
The exclusiveness
publisher's consideration
wherever

is

newspaper

Publication

be

excludes the common

the Contract

of

the scope
II. 2.)

of

But this fact

�THE

30

IN

CONTRACT OF PUBLICATION

legally qualified for, and the circumstances point to the
intention of entering into a Contract of Publication, which
Literary,
is nearly always the case with “books.”
scientific and other contributions are usually disposed of
to periodicals under a contract of publication; but here
the exclusiveness
4. Sometimes

is limited : (See XI. 7 et seq.)
the author gives the publisher the

exclu

sive right to publish a work for certain districts only, and

if,

reserves the right of republishing other editions elsewhere;
certain complications are apt to arise regarding the collis
however, the
sion of the different publishers' interests;

it to

to

be

of of

of

a

a

to

6.

of

of

of

of

to

of

a

is

a

of

5.

of

et

it

to

author has avoided assigning more rights than were left
fight
dispose of,
him
will
for the publishers
out between themselves, under the copyright laws: (See
Kohler, 272
seq.)
contracting with
The author may reserve the right
another publisher about editions intended for other circles
library edition
readers; so,
often followed by
popular edition, &amp;c. Though the co-existence
such
editions cannot fail
call forth some competition between
them, the valuable interest
each publisher generally
substantially unimpaired.
remains
This arrangement
publication.
allows
true contracts
Other modifications
this “Divided Right
Publication”
are possible.
An ordinary Contract
Publication can exist wherever the publisher has not
right
merely
copy and publish the author's work, but
from, and has
advantage
derives some independent
in,
protection
valuable interest
the
the author against
piracy.

IX.-ExTENT

OF

THE

PUBLISHERs' RIGHTS.
is

in by

is

is

to

1.

of

The number
editions that the publisher
usually fixed
produce
authorised
the contract.
frequently overlooked
settling the
But this point

�GERMANY,

AUSTRIA,

HUNGARY,

AND switzERLAND.

31

the agreement.
In this case, the right trans
presumed to cover one edition only, and the
permission
is requisite for every new edition.

of
ferred is
author's
Being a
Art. 1 of

terms

by

Saxe-Coburg-Gotha

and

of

specifically

§§

to

a

to

is

as

a

2.

of

§

of

on

to

he

a

to

on

of

a

an

§

by

$

522; Switzerland, Art. 377; and
1142.
[Austria alone gives the publisher
right
1164, 1167.
all editions:
Should
author
reservation, and
there have disposed
his work without
publish
later
desire
new and altered edition
through another firm,
indemnify the first
would have
publisher for copies
original
the
edition still
hand:
(Austria,
1168.)]
doubt,
presumed
In case
new edition
enacted
Saxony,

Hungary,

it
is

Prussia and

;

statutes

of

it,

common trade usage, this principle has, under
the German Commercial Code, invalidated such
viz.,
of German States as conflicted with

certain

number

what was stipu
1015.)]

($ of

for the first one

:

by

the author for half

of

as

If

remuneration

a

lated
3.

been disposed

of

to

:

stand under the same agreement
the preceding one
(Switzerland, art. 384.)
[In Prussia, however, the law
presumes the second and following editions each
have

copies have been agreed on,

he

as

to

in

of

§

as

if

to

is

to

print them, and most certainly
the publisher
bound
print
not
more.
But
the contract leaves this point
unsettled, the publisher may print
many copies
(Hungary,
520;
Switzerland,
likes:
art. 377.)
[The
limiting the edition
Saxony stands alone
code
copies, where

a

as

he

he a

in

as

4.

to

be he

of

a

is

(§

a

the contract has not fixed
certain
1142.)] The publisher may not, however,
produce
smaller edition than
consistent with
bond
fide performance
the contract: (See XV. 5.)
If, then, the publisher chooses
run the risk,
print
may
many copies
likes. But they must
If, therefore, the work finds more
produced
one lot.
reception
may
favourable
than the publisher hoped for,
1000

number:

�“printing

of
a

to

no

bounds

of

up

he

of

to

printed

copies.
for him
determine the number
the publisher has once made
his mind and
copies,
certain number
himself has set
right
produce
the edition and has

a

“When

his shelves under pretence
lots,” although
was

several

to

originally

gaps

the

the edition

it

fill

not

IN

CONTRACT OF PUBLICATION

in in

THE
up

32

at

notice and without considerable

publisher's

Right

expense.
be

shortest

a

of

he

5.

”:

reprint without the author's permission
(Blu. II. 509.)
The publisher may consequently neither stereotype
the work nor leave the type standing without the author's
permission and control, i.e.,
may not procure himself
producing
surreptitious edition
the means
the

of

a

a

as

be

to

is

of

so

of

as

to

to

it

or

of

to

to

of

if

all a

to

6.

he

of

Publication may
certain space
time. When the term expires,
rights from the contract.
loses
But
the contract,
limiting
Right
besides
the
Publication
certain
term, authorises
produce
the publisher
certain
copies
editions,
number
will
construed
authorising the publisher
sell, even when the term has
produce,
expired, the copies that the contract allows him
merely terminating the exclusiveness
and
his Right
Publication,
dispose
that the author
then free
elsewhere of his work.
The
limited

X.—SPECIAL

LIABILITIES.

confined

in

specific wrong (i.e., infringement

right):

of of

to
a

is

a

of

1.

as

against third parties
“Whilst the publisher's rights
only
reproduction
cover
one and the same work
the
rights
same form; and any encroachment on his sphere

copy

It to

no

in

by

is

restricted, over
the party contracting with him
engagement,
way
and above,
the conventional
on

its

by

it

to

a

of

in

be

of

interfere with the exercise
the stipulated rights.
trust,
would
the teeth
contract entered into
possible for the author
were
render the right assigned
illusory
realisation, though not
actions preventing

�GERMANY,

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AND SwitzERLAND.

33

happening to involve a criminal infringement”: (Wä., 346.)
Any proceedings prejudicial to the legitimate interests of
the publisher make the author liable for damages to the

full

of those interests, i.e., the trade-value of the
on the publisher's hands: (See also Kohler,

extent

copies still
293.)

2. This does not say that the author may not publish
any new work on the same subject.
“In no case has the
publisher a right to prevent am altered edition altogether.

For it is of

the essence of intellectual productivity that

it

continually innovates,

As

and is expanded, and replenished.
little as the author can prevent others from making use

of his thoughts when once published, can the publisher of
a certain work hinder the author from modifying the issue
of his mind, and from giving the public access to the new
production”:
(Wä., 294.)
It remains to be seen, how
the conflicting interests may be reconciled under different
circumstances.
3. In some cases the question of damages is altogether
precluded.
the work is quite antiquated or can be
quite
unsaleable, the author may publish a
shown to be

If

of the same matter at his pleasure, for
publisher's
then the
interest has practically expired.
4. The author may publish an essentially different work
on the same subject, even if the previous publication
should thereby lose the public's interest.
5. But in either case (viz. 3 and 4), the author is bound
to observe any agreement entitling the publisher to a new

new elaboration

elaboration of the same subject.
6. The Prussian Board
of Literary
rischer Sachverständigenverein),
opinion

:

firm

work on

has

Experts (Litera
the following

given

for the author who has given a
bookseller his work for publication cannot therefore be
forced to abstain from publishing by the agency of another
a

“

.

.

.

a cognate,

or even the same, subject,
D

so

�34

THE CONTRACT OF PUBLICATION

IN

long as it is a new, independent, production of the mind.
It is altogether irrelevant to the questio facti of infringe
ment of copyright, that the new work may enter into com
petition with the previous publication, or even render it
unsaleable.
As soon as the new work is found to be a
new work of the mind, the author is free of any imputa
tion of piracy.
This only is legally prohibited, that the
author encroach on the rights of the first firm by giving
to another firm a work, the contents of which are identical
with those of the previous work, so that it is but a

”: (Nov. 18, 1870.) It stands
to reason that the author's bona fides must be unimpeach
able.
mechanical

reproduction

7. An author desiring to publish an edition with altera
tions that do not suffice to qualify the work as a new
production within the meaning of the principles laid down
above, must buy up the copies on the hands of the pub
lisher at their trade price: (Prussia, § 1019; Austria,

§ 1168.)

8. If the publisher is entitled to further editions [in
Austria, whenever the author has not limited the right
transferred to the publisher] the author must offer the
publisher the new edition; only when he has met with a
refusal may he dispose elsewhere of his work: (Wä., 295.)
9. The author has, however, an unlimited right of pub
lishing separately additions or corrections.
10. These principles imply that the author may not, in
the absence of a special understanding, incorporate a work
made over to a publisher into a collective edition of his
works produced by another publisher. The following is a
decision of the Supreme Tribunal of Stuttgart (of Jan. 18,
1848): “On the general principles of contracts, a writer
may not encroach on the right transferred to his publisher,
and most especially

may he not enter into a contract with
a work already surrendered
for

a new publisher about

�GERMANY,

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AND SWITZERLAND.

35

publication. This, however, takes place as soon as the
author incorporates a work that has appeared as an inde
pendent publication into an edition collecting all his works,
produced by another publisher before the rights of the
first publisher have expired.
As the individuality of each
single work is not here consumed by that of a aggregate
of higher order, such a collection cannot be regarded as a
new work.”
11. The same restriction binds the publisher: in the
of a special agreement to this purpose, he may
neither publish separately works that he is entitled to
absence

publish as an aggregate, nor may he produce a collective
edition of works by the same author, which he has acquired
separately in the course of time.
On the one hand, few
authors would like to see a collection of essays written as
an organic whole, torn asunder and published separately.
On the other hand, the term, “The Complete Works of
Mr. N.N.” implies an important qualitative distinction
from the mere plurality of separate works of one author;

“for a collective edition is supposed to be the complete
organism of the author's intellectual work”: (Wii., 299.)
The opening words of Macaulay's preface to his “Essays”
bear strongly upon this view.

XI.-Con TRIBUTORs

To

Coll ECTIVE

WORKs.

relations arise where one literary enterprise
unites the contributions of several authors: (See Kohler,
Special

278 et seq.)
1. We have

not

to

deal

here

with

collections

independent

of

works that appear separately in the market,
united by some merely incidental indication of a common
or similar destination: as a series of independent mono
graphs on special topics of one science, or series for
certain
circles
of readers (e.g., Workmen’s, Students'
Series), or series of novels uniformly got up.
Here every
D 2

�THE CONTRACT

36

IN

OF PUBLICATION

work is the object of a special contract, and neither the
publisher nor the author will derive, in the absence of an
understanding, any particular right from the fact that it is
introduced to the public as one of a series.
Only
2.
such works are legally treated as “collective

as appear as an indivisible whole, as, Encyclo
paedias, Dictionaries, Collections of Essays or Treatises.
3. Here the editor acquires a copyright in the work at

works”

large, concurrent with the copyright retained by each
author regarding his own contribution: (German C.R.B.,
§ 2; Austrian C.R.B., § 1a, $2; Hungarian C.R.B., § 2);
“for to him the work owes the production of its funda
mental idea and of the organic connection of its elements”
(Wä., 203); he has consequently an unlimited Right of

Publication for all purposes for which the authors made
their contributions. An author may not, by withdrawing
his contribution from subsequent editions, prevent the
exercise of the editor's original copyright in the whole.
4. An editor to whom all Authors’ Rights in another
of course,

proved,

is

total transfer can

presumable

of it

he

may,

chooses.
be

But where

IV.)

(See

whenever and wherever

no

work have devolved
no

5.

reprint

it,

person's

a to

an

it

in

or

be

to

of

in

that the author consented
use
his
contribution beyond its reproduction
collective work
the kind described
him (Wä., 305), the alienation
interpreted
strictly;
publisher can
will
the editor
publish
any
separately,
neither
the contribution
nor
other work than the one
was intended for.
to

it

in

by

no

an

of

limited

by

is

is

his work

the publisher's

may not publish his contribution

in

use, i.e.,

he

future disposal

of of

a

of

to

is

6.

An author who has merely authorized
editor
reprint his work
putting
bound
restrictions
If, however, the transaction bears the
other purposes.
Publication, whereby
criteria
real Contract
transferred,
exclusive Right
Publication
then the
another

�GERMANY,

form

until

AUSTRIA,
the

AND switzERLAND.

37

(or editor's) speculation

is

HUNGARY,

publisher's

ended.
7. The more ephemeral the character
of the collective
work, the less is the author restricted.
“The importance
of the periodical passes away with the moment of its publi
cation.
The single articles in a newspaper or journal

reached
their destination as soon as they are
published; at any rate, it is immaterial to the publisher
if later on they are reprinted and remembered.
But the
less the periodical is of merely transient interest, and the
nearer the single essays approach to independent works,
the less may the author dispose of them to the publisher's
disadvantage”: (Blu. II. 509.)
8. In an Opinion of May 3, 1843, the Board of Literary
Experts laid down the following as customary law: “The
publisher of a periodical that addresses itself to the interest
of the day only and has no scientific tendencies, may use
the contributions but once, and his rights in them are
limited to the period within which the original edition of
the periodical circulates in the world of literature and still
excites interest.
The author has to conform to these
have

rights of the publisher, and is bound not to republish
contributions to a periodical until that period of interest
has passed by.”
9. Recent legislation has accepted the principles laid
down here as fixing the limits of authors’ and publishers’
rights, but has given them a greater precision as regards
the duration of publishers’ rights.
[10. German C.R.B. § 10, settles the question for the
German Empire as follows: “In the absence of an agree
ment providing otherwise, single essays, treatises, &amp;c., that
have appeared in periodicals, e.g., journals, vademecums,
almanacs, &amp;c., may be published elsewhere by the author,
even without the consent of the editor or publisher of the
work in which they were inserted, as soon as the two years

�THE CONTRACT OF

38

IN

PUBLICATION

have expired

that began with the end of the year in the
Note, that
of which the publication took place.”
this privilege refers to contributions to periodicals only.
11. Switzerland, art. 376: “The author may immediately
republish newspaper articles and smaller essays from
periodicals.
The author may not republish contributions
to collective works or larger contributions to periodicals

course

of three months after the complete
publication of his contribution.”
Note, that in Switzer
land any contribution to the most important collective
work, not only to newspapers, &amp;c., may be disposed of by
the author, at the latest after three months.
“An exact
dividing-line between the smaller essays of the first
section and the larger contributions of the second section,
(Schneider, 501.)
cannot be drawn
to

Hungary,

the authors'

517, we find
still greater deviation,
advantage, from the general principles:
a

12.

§

In

'':

before the expiration

“An

of

as

at

as

to

or

a

of

if

in

or

a

author who has supplied
collective work with
contributions may republish them separately
his collected works,
those contributions were not, though
parts
collection, independent objects
sale.
Smaller
journals
periodical
works that have been delivered
publications are
the author's free disposal
soon
they have been published.”]
certain

XII.-TRANSLATION.
to

be

of

a

on

of

it

to

no

is

§

is

of

in

1.

Publication, the
an unlimited Right
implied
Translation
never presumed
(Hungary,
518; Switzerland, art. 382); and the pub
lisher
more entitled
than any third person.
pre-existing
On the other hand, the mere correction
translation will not confer Authors’ Rights
the editor:
Even

Right

(R.O.H.

39.)

or

of

If

the Right
Translation
(complying
the title sheet
with copyright laws)

2.
on

XVII.

the author has reserved

�GERMANY,

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AND SwitzERLAND.

39

he may publish a translation without the
original publisher's consent.
If the author, however, has
not given his publisher to understand that he intended
himself to produce or countenance a translation, he is
liable for damages, where the publisher can prove the sale
of the original work to have been seriously impaired by
the publication of a translation: (Wä., 318; Klo. I. 146)
and provided that the publication of a translation
involved a breach of good faith on the author's part.
3. But in no case is this liability from the contract to
be confounded with the infringement of copyright con
otherwise,

stituted by an unauthorised translation produced
third person.

XIII.-PERFORMANCE

by

a

BY THE AUTHOR.

1. If a contract is made about a work that is ready for
reproduction, the contract is performed by the author with
the delivery of the work in the condition it was in when
the contract was made : (Klo. II. 721.)
2. If a contract is made about an unfinished work, the
author is bound to bring the object into existence, the

Right of Publication of which

he has transferred to the
publisher. The work must be executed by the author
himself, so far as the individuality of his mind is likely to
influence it (L. 31 Dig. de solut., 46, 3; End. I. 817); the

work of an amanuensis employed by him must be over
shadowed by the activity of his own mind: (Wä., 322.)
3. The author must conform to the contract throughout
the execution of the agreement (Wä., 323); conformity
to the agreement implies the observance of all under
standings about the form, size, completeness of the work,
and the time of delivery

:

(End.

I. 814.)

several States this conformity to the contract is
enforced by special enactments.
[Prussia, §§ 1008, 1009:
the author finds it neces
4.

In

“If

�40

THE

CONTRACT OF PUBLICATION

IN

sary

to alter the volume or arrangement
of his work
before it is put in print, the publisher has the option of
countenancing
the alterations or withdrawing from the

But an author who makes such alterations after

contract.

the printing

has begun, without the publisher's consent,
is liable to the publisher for any damage ensuing there
from.”

“If the author fails to deliver the
work at the time or in the condition agreed on, the
publisher may withdraw from the contract; and he can
recover damages of the author, if the performance failed
through any negligence of the author's.”
6. Hungary, § 516: “The author (artist, draughtsman,
&amp;c.) is bound to deliver the stipulated work to the
publisher in the condition and within the time agreed on.
If, by any fault of his own, the author fails to perform
this obligation, the publisher has the option of (1)
enforcing the specific performance and recovering damages
from any disadvantage ensuing from the delay; or (2)
recovering damages for breach of contract; or (3) he may
treat the contract as null and void.”
7. Switzerland,
Art. 379: The author is liable for
5. Austria, § 1166:

unforeseen

expense caused by belated alterations.]

the interpretation
of such enactments
is
by considerations
like the following:
“As
regards topic and contents, the author's workmanship
enjoys the most extensive freedom, which is intimately
8. But
governed

connected with the advantage expected by him; and then,
too, the publisher has in this respect trusted to the

author's reputation ”: (Walter, 357.)
“A contract about
a work that is not finished binds the author in so far only,
as he may not make such alterations of contents or volume
as would make the work quite a different thing”: (Eis.,
85.)

“Even

where

it is

certain what has been agreed on,

the doubt arises, especially where the contract is concerning

�GERMANY,

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AND switzERLAND.

41

works that are still to be executed, whether every deviation
must be considered a breach of contract producing legal
consequences.
The nature of such workmanship refuses
to countenance that the author should under all circum
be bound to observe the agreement to the last
On the other hand, the publisher must not be
made absolutely dependent on the author's whims and
fancies.
No legislation and no theory will be able to
draw the sought-for boundary line between freedom and
bondage; that is only possible on examination
of each
stances
letter.

case as

In

it arrives”: (End. I.
reality

then,

814.)

restriction of the author is
marked out by the real interests of the publisher, and
alterations within these limits involve no breach of
9.

the

contract (Klo. I. 146); this holds even where the contract
was made concerning a work that was finished and had
by a publisher on examination
been accepted
of it:
(Klo. II. 722.)
The author may, in particular, alter the
text for every new edition, if no considerable expense or
of the work is thereby caused (Klo. II.
733); if the publisher refuses to countenancesuch legitimate
alterations, the author will be at liberty to contract with
depreciation

another publisher for the new edition: (Stobbe, 290.)
10. In Switzerland, art. 379, the author's right of
altering his work is most emphatically insisted upon : “As
long as the author is able to do so, he has a right to make
such corrections and improvements of his work as he may
consider necessary; but he is liable for unforeseen costs
ensuing from such alterations.
The publisher may issue

no new edition or reprint without first offering the author
an opportunity of making the necescary improvements.
This right is a personal right of the author's, and does
not descend to his heirs.
But the publisher may object
to alterations that would injure his interest in the publica
tion, or enhance his responsibility.”

�42

THE

CONTRACT OF

PUBLICATION

IN

11. The publisher has no claim to alterations by the
author for new editions, if the contract does not set forth
this obligation (Stobbe, 290); or where such alterations
are not essential to the integrity of the work and therefore
If, however, the sale
implicitly agreed on : (Wä., 326.)
of a new edition to which the publisher is entitled, is
manifestly dependent on a revision of the original work,
and

if

in spite of representations

the author refuses or is

unable to undertake the revision himself, the publisher
may cause the necessary improvements to be made by any
other competent person (Wii., 327); in this case the

additions must, by suitable typographic arrangements,
made distinguishable from the original text: (Klo.

be

II.

732.)

rule,

author alone is competent
to
the intellectual organism
of his work to be
complete or incomplete.
But in some cases the incom
pleteness is self-evident
(e.g., an unfinished biography)
(Wä., 325); here, or where flagrant blunders are dis
covered, the publisher may insist on completion
or cor

12. As
pronounce

a

the

rection.
13. The author's liability for faults that diminish the
commercial value of his work falls under the cognizance of
the general private or commercial law of each State (Klo.
721); if such faults can be neutralized by supplements

II.

or appendices, the author is liable for the extra expense:
(Klo. II. 720.) But the author can never be held liable
for the internal literary value of his work: (Klo. II. 721;
End. I. 814; Dern., 642).
14. Where the author causes unforeseen expense by
belated alterations or by exceeding the volume agreed on,
the special facts of the case and his bond fides will have to
be taken into consideration
when his liability is under
judgment (Dernb., 641); trade usage allows him a certain
latitude : (Wä., 348.)

�GERMANY,
15.

the

It

AUSTRIA,

HUNGARY,

AND switzERLAND.

lies in the author's free choice to co-operate
or not, if he has not entered into

correction

43

in
an

to do so (Klo. II. 722); provided that his
supervision of the printing is not essential to the production
of the work, as where his manuscript was more or less
illegible, or where special knowledge is required, e.g., in
works, works in foreign languages,
mathematical
&amp;c. :
(Wä., 349).
16. The author is bound to deliver a manuscript suitable
for reproduction.
The publisher may refuse illegible
writing.
Every part of the work must be in
proper
place: (Wä., 329; Blu.
61; Schneider, 499).
delivery
course, determined
17. The term

by

If

any

of

of

is,

I.

its

engagement

of

is

to

be

of

in

relevant clause
the contract.
the instrument
does not prove what the intention
the parties really was,
optional with the author:
presumed
the term
(Geng., 533; Eis., 83); but the circumstances
the special

Prussia, the publisher may call
binding term,
the appointment

on

[In

an

it

be

be

case and trade usage may indicate the proper term (Klo. II.
721); and the delivery may not
deferred to, any
may
more than
demanded at,
unreasonable
time.
he

he

of

of of

of

a

of

of

In

-

(§

to

a

of

the author
may,
for
and
comply
request,
should the author refuse
with this
1004;
withdraw immediately
from the contract:
Eis., 83.)]
any case
18.
doubt the publisher can apply for the
judicial appointment
delivery.
term
The court
justice would take into consideration
the general way
living and working and any concurrent occupation
the

sufficient

is

if

volumes

however, the work

parts,

it
is

successive

work.

If,

the whole

or

appear

in

to

manuscript

of

is

-

of

author's (for
entered into the contract
under these
lasting conditions
life) (Wä., 330); besides the nature
of the work and other circumstances.
19. The author
not released until he has delivered the

�44

THE

IN

CONTRACT OF PUBLICATION

publication

:

its

he delivers the manuscript for each section in due time for

(Wii., 331.)

remains
the author's property.
[Baden alone has enacted the contrary: according
$577
D., the publisher acquires the manuscript
property.]
The publisher may retain the manuscript until the
reproduction
finished.
manuscript

is

as

D.

to

20. The

XIV.-PUBLISHER's

REMEDIEs.

:

to

his (the
516; Geng., 532; Bes.,

occasioned
§

any losses ensuing
from delay
author's) negligence: (Hungary,
945; Eis., 83; Klo. II. 722.)

by

to

is

2.

I.

§

to

or

1.

an

An action for specific performance lies against
perform duly
perform altogether
author failing
(Hungary,
516; Wä., 334, 386; Stobbe, 291; Geng.
539; Ger.
461; Klo. II. 722.)
indemnify the publisher for
The author
bound

in

be

by

of

subject: (Stobbe, 292; Ger.
946; Eis., 83.)

I.

461;

the work
the public
the
Geng., 533; Bes.,

value

in

of

the delay, e.g., where the commercial
depends upon the transient interest

of

in

or

or

to

If

3.

the delivery fails
take place
due time, the
publisher can withdraw from the contract, provided that
altered,
the quality
value
the performance would
the publisher's interest
the contract diminished,

In

4.

this case the publisher can, besides withdrawing,
recover damages for damnum emergens and lucrum cessans.
The same action

lies against an author, where an action
to

of

in In

5.

or

delivery,
for
has not led
where the
negligence
author's own
has rendered the performance
impossible: (Wä., 386; Stobbe, 291.)
withdrawing
some states the publisher's right
holds
other cases also:
performance

to

In

[(a)
Prussia: The publisher can withdraw when
ever, and from whatever cause, the author fails
perform

�GERMANY,

AUSTRIA,

HUNGARY,

AND switzERLAND.

45

within the stipulated term (§§ 1000, 1001); and if the
author refuses to appoint a term of delivery when
requested to do so: ($ 1004.)
(b) In Austria: If the work is not delivered at the time
or in the condition settled by the agreement (§ 1166);
this right is not contingent on the author's negligence.
(c) In Hungary: If through the author's negligence the
stipulated term of delivery and qualities of the work are

of
a

by it,

is no

or

to

be

not complied with : (§ 516.)]
6. The action for specific performance
aims at the
delivery of the manuscript. If the author is in possession
of a complete copy, it may be seized under a writ of
execution (Stobbe, 292; Klo. II. 723; Bes., 946; End.
II. 16). Where the general law allows of the defiant
specific performance
author will
held
means
fine
even imprisonment (Wä., 335); especially where

of

has made the productiveness

of

he

a

is

of

the work
lower intellectual range, i.e., where
special inspiration, &amp;c., but only the writer's goodwill
requisite for performance (Klo. II. 723.)
“For
who

his mind the bearer
an
that his
intellectual powers were subject and subservient
his
degree that
promise
will
such
due completion and
delivery was founded
entering into
firm basis; and
obligation,
such
divested himself ipso facto
the
plea (not unreasonable
itself)
the action for per
formance, that the activity
the mind could not
submitted
the coercive measures
the judiciary.
The
plead
author can
none but true hindrances that have set
through
negligence
his own, and that might
compared with vis major; and the validity
such pleas
pronounced
must,
however,
the court.
We
admit
that there are innumerable valid pleas”; (Geng., 540.
541; confer Ger.
461, n.)
And Bluntschli says, with
regard
the promise
deliver the work: “This
has
contractu,

must

have been convinced

of

a

of

be

in

is be

by

he

to

to

I.

on

of

of

in

no

to

of

of

in

an

he

in

on
a

a

to

to

ea

obligatio

�46

THE

.

CONTRACT OF PUBLICATION

IN

As, however,
promised, and he has to fulfil his promise.
the individual produce of a mind is here in question, the
individual circumstances of the author must be considered.
The creative powers of the mind cannot

be bound by
and defy any extraneous coercion.
On the other
disposi
hand, they are dependent upon the ever-changing
contract,

tion and faculties of body and mind of the author himself.
This susceptibility is recognised and presumed by the
Contract of Publication, and limits the author's obligation.
We find that in the following cases: (a) Not only
health wholly incapacitating the author for work, but also
an important change in his course of life depriving him
of the time or of the elasticity of mind indispensable for
work of this kind, are to be considered a sufficient reason

ill

for releasing him from the obligation of performance.
He may not, however, plead such hindrance and at the
same time undertake
other
similar works.
Not the
plea, but the real obstacle alone affects his
liberation.
(b) Such circumstances,
if lasting, would
warrant the author's withdrawing altogether from the

of

above)
appreciation

possible
a

the several
applicable

in

is of

which

essential

here

as

as

Wà., 389, &amp;c.)
the nature
the work, and
of

will

have

to

of

course,

seq.; similarly

:

506

of

II.

et

(Blu.

careful examination
all concomitant circumstances,

7.

of

Bona fides

A ":

contract.
there

is,

technical

determine

(partly indicated
case.
“The judicial
perfectly free.
They

aspects

given

whether
admitted

(Klo.
to an

pretext”.

on

II.

or

to

be

to

if

or

be

is

the hindrances
entirely subjective, i.e., conscientious
doubts
only these subjective obstacles
personal considerations,
stringent motives for the author
appear
withdraw
from the contract.
But the author cannot withdraw at
random, without any substantial reason,
some mere
may

722.)
The authorities are not agreed
author, pleading personal objections that are

liberate him from the performance,

but which

�GERMANY,

AUSTRIA,

HUNGARY,

AND SWITZERLAND.

47

to actual and absolute impossibility of
ought not to indemnify the publisher for

do not amount
performance,
such damnum

emergens

If

as the avoidance

has caused.

the author's reasons for withdrawing are not
found sufficient, to say nothing of a wanton withdrawal,
for the purpose, e.g., of contracting with another publisher,
8.

his plea of “subjective impossibility” will not be admitted,
and the publisher will recover damages to the amount of
his interest in the due performance.
[This holds in
Prussia under all circumstances, if the work in question
appears within a year from the dissolution of the contract,
but under the auspices of another publisher: (§ 1007.)]
9.
a reliable standard for the assessment of damages

If

is not otherwise obtainable (e.g., from the actual results
of the publication by another publisher), the court of
justice will assess them, assisted by experts, to the amount
of profit that was likely to ensue from the publication,
in addition to the amount by which the publisher is
t
actually out of pocket.

XV.-PERFORMANCE

PUBLISHER.

BY THE

We have seen (II. 3) that the author's consideration is
presumed to consist in the reproduction and publication of
his work by the publisher, and that this obligation is an
essentiale of the

Contract of Publication. The publisher
his right: (Eis., 85; Kohler,

does his duty in exercising

is,

285).

cannot release himself

payment

of

a

profit (Eis. 85);
withdraw

wants

to

he

by

(Wä., 340); and

of

loss instead

from some other reason
he

nor

if

reasons for expecting

a

of

he

of

he

on

$

§

to

1. The first, then, of his obligations
have the work
519; Switzerland,
printed: (Saxony,
1141; Hungary,
art. 372, art. 378.)
The publisher cannot avoid this
losing his hopes
profit (Klo. II. 724);
cannot even
Publication, when
then abandon his Right
has good

�48

THE

CONTRACT OF PUBLICATION

IN

the stipulated fee (Stobbe, 287); for the author's right to
the fee is an independent obligation: (Wä., 341.)
2. The reproduction
must take place in the manner, to
the extent, and within the time stipulated by the contract

or presumable as tacitly agreed on : (End. I. 816.) Where
the special intentions of the parties are not to be ascer
tained, the particular circumstances of the work, as, its
volume, the urgency of the publication, technical difficul
ties, &amp;c., will usually prescribe a term for finishing the

production. The author may apply for the judicial appoint
ment of a term.
In the absence of a special understanding,
the work must be put in print immediately on delivery of
the complete manuscript, and the production must proceed
without intermission: (Eis., 85 ; Klo. II. 723.)
3. In the absence of a special agreement, the publisher
may get up the book entirely after his own judgment and
taste (Saxony, § 1141; Baden, § 577, D.E.; Klo. II.

724; Eis., 86; Geng., 534); but the technical execution
must be suitable (Saxony, $ 1141; Switzerland, art. 378);
and adequate to the purpose and importance of the work
(Hungary, $ 520).
For the reproduction, typography is
presumed to have been agreed on (Klo. II. 723).
The
quality and correctness must come up to a fair average
(Wä., 342), which involves the responsibility of the
publisher for the correction (but see XIII. 15). If the
publisher grossly neglects these claims of the author (if,
e.g., the utility of the work is appreciably
diminished by
errata),
an unusual number of
the author can demand a
new

reproduction and

(Eis., 86; Dern.,

recover

damages

for the delay:

642.)
4. The publisher has to put the whole of the manuscript
in print and may suppress no part delivered, not even
indices, &amp;c., that he may himself think wholly
superfluous: (Wä., 343.)
5. Where the agreement has not fixed a certain number,

prefaces,

�GERMANY,

AUSTRIA,

HUNGARY,

AND switzERLAND.

49

the publisher may determine the number of copies at his
own discretion (see IX. 3, 4); for not only must he be
the best judge of the market, but the publication takes
place at his risk and expense: (Wä., 270.)
But he does
not perform duly, if he does not produce a reasonable
number of copies (Wä., 343); and at the author's bidding
he must cause at least so many impressions

to be taken, as
a proper publication demands: (Switzerland, art. 377.)
6. The same obligations devolve upon the publisher
he has expressly entered into an agreement
to
publish further editions, when the first one is disposed of.
If he has not done that, but merely acquired a right to
the future editions (which is always presumed to be the
case unless the engagement
is explicitly stated in the
clause disposing of the coming editions) the author may
call upon him to put the work again in print as soon as
the present edition is sold ; the author may apply for
the judicial appointment of a term, on the expiration of
which the publisher loses all rights in the work if he has
failed to produce a new edition : (Switzerland, art. 380.)
[In Hungary alone is the principle of this contract (viz.,
Right of Publication—obligation to publish) consistently
applied to future editions.
Hungary, $ 522, says:
where

&amp;4

if the future editions were assigned, the
publisher is bound to produce a new edition immediately
on completion
of the sale of the preceding one.” And
§ 523 provides the author with every desirable remedy:
XIX.

5.)]
The author has bestowed the Right of Publication on
the publisher, but beyond this exactly defined right he
has transferred no particle whatever of his Authors’
Rights.
No power, then, is vested in the publisher that
(See
7.

would entitle him to alter the work, whether by additions
or omissions, without a special authorisation: (Switzerland,
art. 378; Hungary, § 519; Bes., 946; Dern., 643;
E

�50

THE CONTRACT OF PUBLICATION

IN

Eis., 86); and he must leave every word as it stands in the
manuscript: (Wii., 359.)
He may not even alter unim
portant details, as, single
expressions,
the
author's
spelling, except obvious slips of the pen, not to mention
the arrangement,

the sequence, or the connection of the
parts, &amp;c.; (Wä., 345.)
8. “The editor of a journal or other compilation stands
in a relation to contributors that differs somewhat from

that of the publisher who has to reproduce the author's
work without any alterations; the editor undertakes, not
an exact reproduction, but the insertion of the contribution
in accordance with the proportions of the whole, as
determined by his editorial functions.
The editor, then,
of an encyclopædia is entitled to suppress such parts of
the contributions as would conflict with the standpoint
and tendencies of the work at large, but this principle
may not be understood

to sanction the falsification of the
contents; for the contributions were made in expectance
of none but the usual and necessary editorial alterations:
(Blanc. Traité, p. 100.) The authorisation to make such
alterations involves no right to wholly remodel the
author's work; the permission, on the other hand, to

wholly recast the work, will warrant the insertion of it
with but a few unimportant alterations”: (Wä., 346.)

XVI.-SALE

OF THE WORK.

1. The author, says Bluntschli, has not bargained
to
have his work stored up at the publishers; he wants to
see it spread abroad.
And one of the publisher's principal
duties is to do his best to bring about a good sale :
(Saxony, § 1141; Hungary, § 519; Switzerland, art, 378.)
He must proceed with the solicitude of careful booksellers,
as defined by the institutions of the trade, even if he has
no prospect of profit (Klo. II. 724; Wä., 352); and he
must employ the usual ways and means (Switzerland

�GERMANY,

AUSTRIA,

HUNGARY,

AND switzERLAND.

51

art. 378; Eis., 88; Stobbe, 287; Geng., 534); in case of
litigation, the court will appoint experts to examine

whether the publisher made due efforts to sell the work:
(Dern., 642; Stobbe, 287.)
2. The publisher is bound to distribute copies for
review and to issue public advertisements
of the work:
(Switzerland, art. 378; Klo. II. 723; Wä., 352; Stobbe,
tion that the
cannot avoid the usage

(Blu.

II.

and

must

bear

expense

the

’’:

advertisements are but part of the publica
author may claim.
The publisher, then,

“Public

287.)

511.)
or

do

to

to

if

is

he

of

as

if

a

to

he a

sale: (Stobbe, 287;
may not, without
new contract
duce an edition once destroyed,
regard the chances
the work
destruction.

pronounce

bring about
On the other hand,
with the author, repro
should happen

improved

since

to

likely

to

if

experts were

he

exertions

his part
Wä., 353.)

as

reasonable

the edition,
on

new production

of

a

a

be

be to

be

3.

The publisher may not destroy the copies remaining
on his hands,
the sale proves
difficult
slow
(Wä., 352);
only entitled
that, when the
positively unsaleable, when
work proves
further
reasonably expected (Klo. II. 724); the
sale cannot
rash destruction of the work would render him liable for

the

fix

to

is

to

he

is

if

be

to

at

it

is

4.

As the edition
the publisher's property, and, more
over, risk and expense are his,
for him
the price
sold,
which the copies are
the contract does not
provide otherwise.
respect
But here, too,
bound
of

by

an

is

in

a

in

proper sale
the author's interest
the book, even
where the author
not interested
the financial success.

he

:

Ś

$

He may not, then, impede the sale
unreasonable
price
(Saxony,
1141; Hungary,
520; Switzerland,
arbitrarily reduce the publication
art. 378. Nor may

E
2

of

or

or

price under circumstances that might damage the author's
literary fame
scientific
the commercial
value

�52

The CONTRACT OF PUBLICATION

future work of his : (Eis. 88; Klo. II.
the court to decide, in case of litigation,
lisher's course of action in reducing the
was justified by the circumstances of the

XVII.--THE

IN

724.)

It

is for

whether the pub
price of a book
case.

AUTHoR’s REMUNERATION.

1. The stipulation of a fee is neither an essentiale of,
nor even inferable from, the Contract of Publication in
itself. On this point all authorities are agreed: (See II. 3.)
Yet, a pecuniary consideration joins, not only frequently,
but mostly, with the author's literary, &amp;c., interest (Ger.,
459); usually by the stipulation of a definite or definable
sum of money that the publisher is to pay over to the
author: (Saxony, § 1143; Austria, § 1165; Hungary, $525;
Switzerland, art. 383; Stobbe, 292; End.I.817; Dern.,642.)

2. The publisher

is bound to remunerate the author
of the case point to this, that the
reasonably
not
have
been expected without
transfer could
a remuneration : (Hungary, $ 525; Switzerland, art. 383;
when the circumstances

Stobbe, 292.)

is a professional writer has,
for remuneration (Wä.,
356); so also when he is one whom the publisher knows
For it is a principle
to usually take a fee for his work.
Law,
that “whoever accepts the
of German Common
services of one whom he knows not to render those ser
3. Every author
generally
speaking,

who
an

action

to
vices but for remuneration, enters into an engagement
give him what he will claim, provided that the amount is

not inequitable" (Windscheid, Pandekten II. § 404);
this principle is usually (but not, as regards the matter
in hand, unanimously) supported by L. 22 Dig. de Praescr.
Verbis 19, 5.
4. A tacit stipulation of a fee will always be presumed,
where a publisher has in his own interest ordered work
from an author: (Wä., 357.)

�GERMANY,

AUSTRIA,

HUNGARY,

AND switzERLAND.

53

5. Where no other evidence is forthcoming to indicate
the intentions of the parties, the custom of the trade will
usually afford guidance, e.g., where the remuneration of a
contribution to a periodical is in question.
6. “The motives that lead the author to the work, and

his literary aims have nothing to do with the question of
remuneration; those intentions may never be brought
forth to prove that the author had not desired a fee";
(Wä., 357.)
7. The remuneration of the author is a matter of course,
where the agreement is based upon, or refers to, a previous
transaction between the same parties where a fee was paid.
If, then, the author allows his publisher a new edition or
gives him a new work of the same kind, and if the question
of remuneration is not otherwise settled, the author will be
entitled to
preceding

payment

edition

at

or work:

the
(See

rate

IX.

of the
2.)

fee

for

the

8. If the original contract prescribes a new fee for every
new edition, this fee includes the remuneration
of the

author for the trouble of editing revised editions. If no
remuneration
was stipulated at all, the publisher cannot
claim the author's services for the preparation of new
editions, without offering him a reasonable remuneration.
If a fee for all editions was prepaid, it must be gathered,
from all circumstances of the case, whether it was the
intention of the parties to bind the author to gratuitous
services in editing future editions: which intention is by

If, how
no means presumable without distinct evidence.
ever, the author is really bound to gratuitous services, he
will have to compensate the publisher for the expense of a
revision by third parties, should he himself refuse to
perform that obligation : (See XIII. 11.)
9. The claim to a fee is established with the constitution

of the contract; it does not depend on the financial success
of the work, and can never be contested on ground of the

�54

IN

THE CONTRACT OF PUBLICATION

disproportion between price and goods (laesio enormis);
proceeds of the sale fall to the publisher's speculation,
and the claim to a fee is independent of them : ” (Blu. II.
course, inapplicable where the
513.)
This principle
agreement made dependent
author's remuneration
the success
the work, as, under the royalty
the
half profits system, not
mention the case
common
partnership.
writing
10. Bluntschli says: “If the contract
made
usually
and no fee
mentioned
the conclusion
admissible that no claim
fee exists; and where an
by

is,

is

to in
a it,

is

is in

to

of

or

of

on

is

of

“the

is

he

supported

by

be

no

it

of

if

to

be

by

a

as

”

to

in

of

he to
a

publisher,
unknown writer offers his work
will
right
doubt,
presumed,
case
that
has acquired
remuneration, and desires nothing beyond the publica
tion (Blu. II. 512); the latter assertion has been opposed
rule; anyhow, either
too sweeping
these presump
tions will
set aside
one favourable
the author,
sufficient evidence,

XVIII.-TERMs.
it of

of

by

is

of

copies produced,

and the

publica

2.

tion price: (Blu. II. 513.)
If the author's fee was fixed in consideration of

a

expenses, the number

of

$

to

the fee

be

1.

neither fixed by
nor
ascertained
means
one
the
presumptions recorded above, the court will assess
on
hearing experts (Hungary,
525; Switzerland, art. 383;
Stobbe, 292); taking into consideration the publisher's
Where the amount

agreement

a

be

to

is

Where the author

an

as

of

no

3.

360.)

paid

by

$

But this rule does not apply where
approximate
number
sheets was only mentioned
binding
estimate, with
intention
the author: (Wä.,
526).

of

(Hungary,

of

in

to

be

of

sheets, the publisher cannot
certain maximum number
pay for copy
held
excess
the volume agreed on

the

sheet,

all

�GERMANY,

AUSTRIA,

HUNGARY,

AND switzERLAND.

55

copy delivered,

including titles, index, prefaces, &amp;c., counts

as remunerable

matter.

In

the absence of a special agreement, it is presumed
that the parties had sheets of an average size in view.
4.

it is generally for the publisher to choose the
yet the author may demand
size of the book (see XV.
calculation
his fee on the basis
medium size:

(Klo.

II.

a

of

a

of

3),

Although

725.)
to or

of

is

of of

If

author's

§

5.

entirely

on

remuneration depends partly
the sale
the book, the publisher
bound
the usual settlement
accounts and proof
sale (Zurich,
1611; Switzerland, art. 386); this holds wherever the
the

of

to

to

to

is

of

or

in

an

controlling the publisher (Bes.,
author has
interest
947); especially where the agreement limits the number
copies
editions
the publication
which the
publisher
entitled. This involves that the author may
claim access
the publisher's books: (Klo. II. 725.)
is

of

separate

on

If

a

7.

part

or

:

of

of on

§

$

§

to

on

is

a

6.

established, and
Where the author's claim
fee
provide
otherwise, the publisher
the agreement does not
delivery
payment
immediately
bound
the complete
manuscript, for then the author has acquitted his obliga
1143; Hungary,
527;
1165; Saxony,
tion: (Austria,
Wä., 362; Klo. II. 725; Stobbe, 292.)
[Switzerland
alone does not follow this common principle, and prescribes,
publication
agreeing with some authorities, payment
the work (Art. 385); the first draft
the Code by
Prof. Fick followed the common rule (Schneider, 506.)]

remuneration was agreed

for each

section,

the nature

of

complete

if

a

of

a

on

on

If

of

or

of

on

of

in

a

on

is

of

work that appears
such sections,
delivery
due
each
the sections:
(Wä., 362.) [In Switzerland
publication
the part
volume: (Art. 385).]
the remuneration was not fixed
separately for each part, the author may call
the
publisher for
proportionate part payment
delivery

volume
the payment

the work makes the

�56

THE CONTRACT OF

IN

PUBLICATION

is,

calculation of such quotas possible, and without prejudice
to the publisher's right of then demanding security for the
delivery of the rest of the work: (Wä., 362.)
8. The exact calculation of a fee that is to be determined
of

is

is

it is

as
a

is

as

is

a

is

by the volume of the work when printed
course,
only possible when the type
set up;
tacit agreement
therefore presumed that the payment
due when the
printing
Now,
composed,
finished.
soon
sheet
the fee for as much of the author's work as
contains
as

it

determined,

be

might
regarded
and
due
the general usage and several enactments
declare, however, the fee due
completion
the printing:
(Saxony, 1143; Hungary,
527; Switzerland, art. 385.)

ipso facto

of

§

§

on

(Wä., 362);

a

of

so

he

on

if

II.

9.

“But the publisher may not protract printing and
publication, and thereby unduly defer the payment”
513);
(Blu.
does
the author may demand
provisional estimate: (Wii.,
payment
the basis
363.)
a

be

is

to

of

an

of

Instead of,

by a

or

fee,
concurrent with,
certain
copies are often stipulated
number
authors.
But
obligation
by no
the publisher
that effect
10.

to

a

general trade usage cannot
means presumable, and
(Wä.,
364);
proved
exist
author's copies must therefore
explicitly stipulated (Klo.
725);
they are stipu

II.

action and

in

to

is

of

at

an

execution

(Hungary,

claim.
be

claim

REMEDIEs.

action for every equitable
have the work produced can

The author has
to

2. 1.

by

good

booksellers: (Wä., 364.)
XIX.—AUTHOR’s

His

them

general custom
the trade, the
get copies from the publisher
the
725); and
can claim any discount

§

to

allowed

is

entitled
trade price (Klo.

deliver

he

author

bound

to
to
a

the

if

II.

be

publisher
time: (Dern., 642.)
11. According

lated,

realised

523; Eis., 85); the

�GERMANY,

AUSTRIA,

HUNGARY,

AND switzERLAND.

57

compasses the production of the work at the
defiant publisher's expense.

execution

3. The author has an action for holding the publisher
to the disposal of the copies in conformity with the rules
usually observed in dealing with works of the kind in
question: (Klo. II. 724.)
4. If the publisher does not perform duly, or at the
proper time, he is liable to the author for damages:
(Hungary, $ 523; Wä., 341; Ger. I. 462; Dern., 642;
End. I. 816; Bes., 947; Walter, 359.)
5. If it can be shown that the author's interests demand

the dissolution of the contract, the author can withdraw
without prejudice to his action for damages (Hungary,
§ 523; Bes., 947), especially where the publisher's failing
to perform in due time
has diminished the author's
interest in the contract (Wä., 386), or where it is rather
to his interest to give the work to another publisher, than
to sue for specific performance (Wä., 386,)
[In Hungary
“If,
nothing
through any
the author has
left to wish for.
negligence of his own, the publisher fails to produce the
work, and place it in the market, or to produce a new
edition as soon as the previous one is exhausted, the
author has the option (1) of demanding specific per
formance of the contract and damages for the delay; or
(2) of recovering damages for the non-performance; or
(3) of withdrawing from the contract and regarding it as
never made”:

(§ 523.)]

XX.—SUCCESSION

TO

THE PUBLISHER.

1. The derivative Right of Publication is not less trans
ferable than the original Authors’ Rights in their totality.
On principle, the Right of Publication may be alienated
wherever the transfer is not precluded by the import of
the contract.
2. But the publisher can dispose

of a Right of

Pub

�58

THE CONTRACT OF PUBLICATION

IN

lication in so far only as his rights are separable from his
obligations, for obligations from contracts cannot be trans
(Kohler, p. 285
ferred without the consent of the obligee.
emphatically
seq.,
et
and other authorities most
assert that
a publisher's rights and his obligations under a Contract of
Publication are indissolubly bound together, so that any
transfer of his rights affecting his obligation to perform
in person, must of necessity violate the contract.)

3. It will have to be decided by the features of each
case arising, whether the rights are separable from the

(End. I. 817.)
is true, that by the transfer of a Right of Publi
cation acquired
under a Contract of Publication, the
publisher does not substitute another as obligor in his
place, but merely causes another
to perform
for him,
whilst he himself remains liable for the performance:
(Klo. II. 734.)
But the publisher is not entitled
to do even that, if the Right of Publication was trans
ferred
to him as a strictly personal right (Klo. I. 13);
the Contract of Publication is usually made in con
sideration
of the publisher's person, especially as the
rule, unable
author
control the production
work,
copies produced.
and sale
his
and the number
author,
therefore,
guarantee
The
seeks for
the
respectability
his publisher,
the solidity
the firm
with which
contracts (Wä. 365); and
their honesty,
circumspection
and dexterity
business: (Geng., 536;
Walter, 359.)
And further, the liability
the original publisher for

obligations:

to

by

5.

of

of

in

in

he

or

of

a

in

of

a

as

It

of is,

4.

of

is

it

as

a

as

very limited value,
the performance
the transferee
for,
rule, the contract does not fix the publisher's
duties with such juridical preciseness
would make

in

as

to

no

to

in

liquidate them
an action: (Wii., 366.)
may the publisher transfer an
Under
circumstances
author's work
other persons, except such
are skilled
possible

�GERMANY,

AUSTRIA,

HUNGARY,

AND switzERLAND.

59

the publishing trade and ready to devote their energies to

the work transferred. Persons not answering to those
requirements,
do not acquire the rights that the transfer
tends to bestow on them: (Dern., 644.)
6. If the author objects to the transfer, the court will be
called upon to answer the question, whether the nature of
the case does or does not imply the tacit agreement that a
transfer by the publisher is precluded.
7. An unconditional right, therefore, of the publisher to
transfer a Right of Publication to others cannot be taken
for granted (Bes., 947); but it is true that in many
cases the contract can be duly performed by any publisher
(Klo. I. 147); and as a matter of fact such transactions

a

is,

in by the authors.
8. But an assignation of Rights of Publication involved
in the alienation of a publisher's business, his entire
rule, valid, more especially where the firm
taberna,
as

are mostly acquiesced

of

proprietorship
necessity affected by the mere change
seq.); and trade usage has established the

(Kohler, 289
validity

of

of

to

of

on

right

a

of

Rights
transfer
Publication under
without prejudice
the author's
opposing such transfers
the ground
material

circumstances,

of

those

et

of

of

;

in

remains the same for
such cases the principles, con
nections, institutions, and resources
the business are not

and substantial objections.
to

of

by

a

9.

of

publisher succeed
The heirs
all rights and
duties ensuing from Contracts
Publication made
him.

XXI.—SuccEssion

To THE AUTHOR.

by

is

it
in

If

to

he

if

1.

of

usually dissolved by
The Contract
Publication
death,
completed
the author's
had not
the work; his
heirs are neither bound nor entitled
finish
his place.
the author had lured the publisher into making the
as

be

be

finished, his estate
representing
contract
the work
will
liable for damages; and damages will
recover

�IN

THE CONTRACT OF PUBLICATION

60

able in every case where the non-completion
is due to the
negligence of the deceased: (Wii., 376.)
2. But iſ at the author's decease the work is finished, or

“in

in

seized

Or,

exceptional

surrender it; and
Switzerland, art. 389,

cases, where

it

are bound

execution.

appears

it

puts

this), the heirs
it, be

clude
may

as to its

at least so far completed that it can be finished by another
writer (provided, of course, that
nature does not pre

possible

be

upheld entirely
that the contract should
partly, the continuation will
decreed and the necessary
details prescribed
the court.” The publisher
bound
accept and publish the work
was finished
the
author before his decease;
he finished
section or
independent marketable value: (Schneider, 508.)
sections
the publisher had acquired
title
future
by

it

a

if

to

If to

If

by

to

a

to

to

if

of

by

on

he

having the book brought
may insist
that
called for
the nature
the work.
the author was bound
undertake such alterations, his
provide for
heirs are bound
suitable revision.
the
author was not bound
revise future editions, the pub
date,

is

editions,

up

a

If

3.

of

or

if

to

is

by

or

be

and equitable

be

to

any competent person;
lisher may cause that
done
and the heirs cannot withhold their consent without urgent
rea,SOInS.

XXII.-DIssolution

of

THE

CONTRACT.

of

of

he

of

to

an

if

of

or

1.

The contract ends when the publisher has disposed
copies
all editions
the publication
which
was entitled, and,
unlimited Right
Publication
was transferred, with the expiration
the copyright.

§

:

is

If

3.

to

by of

or

by

2.

But the contract may end before one
those events
taking place, either
mutual consent,
other facts;
always without prejudice
already
claims
established.
the author dies before completing
the work, the
531; Switzerland,
dissolvedea, nunc (Hungary,
contract
art. 389; See XXI.)

�GERMANY,

AUSTRIA,

HUNGARY,

AND SwitzERLAND.

61

4. The publisher may withdraw and sue for damages if
the author concealed the existence of rights of other
persons in the work concerning which the contract is made,

provided that those pre-existing rights conflict with those
of the publisher: (See VII. 1.)
5. If severe illness, lunacy, &amp;c., incapacitate
the author
from fulfilling his obligations or attending to his interest in
the contract, the analogy to the case of an author's decease
will obtain, without prejudice, of course, to the operation of
the general law.
6. An accidental loss of the manuscript, which renders
the production of the edition impossible dissolves the
contract; for the author cannot be compelled to do the
work over again : (Hung., § 531; Sax., § 1144; Klo.

II.

735.)

But the publisher in the hands of whom a manuscript
is accidentally lost, is not thereby released from such
obligations as can still be fulfilled by him : he is in
particular bound to pay the author's fee.
supply him, for
however, bound
8. The author

a

to

is,

7.

a

$

of

he

he

if

one

a

of

of

manuscript, and the
the work, not merely
only then sufficient reason for
the manuscript
the author's acquittance
when the performance
the
of

a

is

loss

of

delivery

possesses

or

§

if

script,
529);

of

copy
with
the lost manu
(Saxony,
1147; Hungary,
producing one without
has the means
(Switzerland,
considerable
labour:
art. 387.)
“For the
author's obligation from the contract
embraced
the
consideration,

reasonable

no

by

if

is

9.

contract has become impossible”: (Wä., 380.)
This implies that the author
means freed
without further ceremony
the manuscript intended for

and

the

elaboration

substantially

or

is

a

destroyed,

of if

is

is

accidentally lost before delivery.
his publisher
The
only freed when the performance has become
author
impossible (Blu. II. 515), i.e.,
this work
lost

new

�62

IN

THE CONTRACT OF PUBLICATION

-

work would be necessary.
But then he cannot claim the
stipulated fee, unless the publisher has been in mora
accipiendi.
10. The author can, on the other hand, compel his
publisher to accept and publish a copy of a manuscript

lost after delivery.
11.

It

stands

author and publisher
resulting in the loss of the

to reason that both

liable for negligence
manuscript.

are

it.

12. It has been deemed equitable to allow the publisher
to reproduce an edition accidentally destroyed without
paying a second fee to the author (Switzerland, art. 388;
Hungary, $ 530); but not to hold him to the reproduction.
For he has performed an essential, certainly the most
onerous part of his obligation in placing the edition at the
disposal of the market.”
He does not, however, escape
the obligation of paying the fee stipulated for the lost
edition by declining to reprint

is

in

Ś

by

an

to is

by

if
it

to
a

to

or

he

to

as

as

is

If

13.
the edition
lost after the sale has begun, the
sold, and the publisher's rights
lost copies are treated
consumed; the author
this edition are regarded
royalties
profits
not entitled
that
would have
received, had those copies really been sold, but does not
lose his claim
fee
should not yet have been paid.
singular
exception
Saxony,
1148,
[A
made
allowing the publisher
destroyed
reproduce
edition
after the sale has begun.]
or

to

be

he

if

§

or

§

on

if

he

he

borne

to in

occurred

is be he

it

to

then,

If

accident,

occurred.

of

it

An

is

the party
the person
business
pay the author's fee,
the publisher,
will have
though
may
released from the publication; from
only then liberated
that obligation
the author can
place his work with another publisher
the same terms:
(Saxony, 1146; Hungary,
528); but not
loses the
manuscript
the edition.
14.

which

�GERMANY,

AUSTRIA,

HUNGARY,

AND SWITZERLAND.

63

15. The unforeseen occurrence of events rendering the
publication futile, is regarded as an accident that annuls
the contract ea nunc (Saxony, Ś 1146; Hungary, § 531);
e.g., the abrogation of the law on which the author has

written a commentary, &amp;c. The author's title to a fee is
not affected by this contingency, but the publisher will
successfully defend an action aiming at the production of
the work, with the exceptio doli : (Klo. II. 735.)
[In
Hungary this principle holds only where such events occur
after the delivery of the manuscript; if they occur before
the delivery, the author (or his representatives)
cannot
claim the stipulated fee, and must refund the publisher
for any payment on account: (§ 531.)]
16. We have seen above (XIV. 3, 4, 5; XIX. 5) that
non-performance
or improper performance may entitle the
party
other
to avoid the contract.

XXIII.-BANKRUPTCY

OF THE

PUBLISHER.

of our subject has neither in theory nor
a satisfactory development.
The
following principles may, however,
be regarded
as
established:
1.
the contract has not yet been performed by either
party when the publisher fails, the author may avoid the
contract (Klo. II. 735; Wä., 384); if the contract is to

This

by

chapter

casuistry

attained

If

be continued,

a new agreement must be made by the
author and the trustee of the bankrupt’s estate. Under
all circumstances the author may withhold the manuscript
until the payment of his fee is either made or secured:
(Wä., 384.)
[2. German Empire: Klostermann says, that both the
author and the bankrupt's trustee may withdraw, provided
the work has not yet been put in print: (Klo. II. 735.)
3. The law of Switzerland deviates in some particulars

from the general

rules laid down above:

“If

the

pub

�The CONTRACT OF PUBLICATION.

64

lisher fails, the author may assign the work to another
publisher, if security is not given him for the acquittance
of those obligations that were not yet due at the time of
the declaration of insolvency’’: (Art. 390.)
4. Hungary, too, deviates from the common principles,
but decidedly, from the standpoint of authors, in the

right direction. “The author
contract if the publisher fails.

If,

may

withdraw from the
however, the printing

if

is

of

should have begun, the administration
the bankrupt's
estate may uphold the contract,
due security
offered
532.)]
rule, the printing

he

separation

of

those

the work reduces
of

the rank

of

the author's claims

to

a

5.

to

(§

the author’’:
general
As

other creditors;

be in

of

or

an

of

the

a

on

be

and

of

the

to

claim

(Wä., 384, 385);

of

his work from the
Right
Publication
sold
behalf
the estate (Klo. II. 735); but
the author may resist
transfer
others than
able
publisher (Dern., 644); his rights being the same
this respect, whether the sale
the publisher's rights
voluntary
under bankruptcy: (Kohler, 289.)
cannot

estate
may

�•■■~~~~======-----

•
•

****

�PUBLICATIONS

to

2.

the past year can

The Author.

Literature and the Pension List.

on

That

the Secretary.

3.

application

be

1. The Annual Report.

for

SOCIETY OF AUTHORS
had

to

on

be

of

to

A

to

Monthly Journal devoted especially
the
protection and maintenance
Literary Property.
Issued
application
all Members. Back numbers can
obtained
the Secretary.

of

of

of

this work specimens are given
important forms
type, size
page, &amp;c., with
showing what
produce the more common
costs
-

Production.

kinds of books.

2s. 6d.

7.

Copyright Law Reform. An

8.

The Society

9.

by
in

of

of

an

to

of

in

In

S.

of

By
Publication.
SQUIRE
SPRIGGE.
this work, compiled from the papers
the
Society's offices, the various forms
agreements proposed
Publishers
Authors are examined, and their meaning care
fully explained, with
account
the various kinds
frauds
which have been made possible by the different clauses
their agreements.
3s.

The Various Methods

d

By

1s.

In

the Society.

to

estimates

to

the Société des Gens des Lettres.

it

The Cost

the most

6.

By W. MORRIS CoLLEs,
-

3s.

SQUIRE SPRIGGE, late Secretary

of

5.

of

The History
S.

4.

Barrister-at-Law.

The Contract
Publication
Hungary, and Switzerland.

By

an

of

J.

of

#

of

right

of

Exposition
Lord Monkswell's
Copyright Bill, now before Parliament.
With Extracts from
Appendix
1878, and
the Report
the Commission
containing the Berne Convention and the American Copy

M. LELY.

Authors.

18. 6d.

SOCIETY

in

Germany, Austria,
By ERNST LUNGE, J.U.D.

application

to

obtained

on

can

be

-

All the above publications
4,

of

A

of

2s. 6d.

of

Record
its action from its
By SIR WALTER BESANT (Chairman
Foundation.
Com
mittee, 1888–1892),
1s.

the Secretary,

OF AUTHORS,

PORTUGAL STREET, LINCOLN'S INN FIELDS, W.C.

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              <text>Vol. I.--No. 1.]&#13;
MAY 15, 1890.&#13;
[Price, Sixpence.&#13;
The Author.&#13;
THE ORGAN OF THE SOCIETY OF AUTHORS&#13;
(INCORPORATED).&#13;
CONDUCTED BY&#13;
WALTER BESANT.&#13;
Published for the Societe by&#13;
ALEXANDER P. WATT, 2, PATERNOSTER SQUARE,&#13;
LONDON, E.C.&#13;
1890.&#13;
&#13;
&#13;
## p. (#12) #################################################&#13;
&#13;
The Society of Authors (Jncorporated).&#13;
PRESIDENT.&#13;
THE RIGHT Hon. THE LORD TENNYSON, D.C.L.&#13;
.&#13;
SIR EDWIN ARNOLN, K.C.S.I.&#13;
ROBERT BATEMAX.&#13;
WALTER BESANT. -&#13;
Rev. Prof. BONNEY, F.R.S.&#13;
T. COMyxS CARK.&#13;
EDWARD CLODD).&#13;
ThĚ EARL OF DESART.&#13;
A. W. DUBOURG.&#13;
PROF. MICHAEL FOSTER, F.R:S.&#13;
HERBERT GARDNER, M.P.&#13;
RICHARD GARNETT, LL.D.&#13;
EDMUND GOSSE.&#13;
II. RIDER HAGGARD.&#13;
THOMAS HARDY.&#13;
PROF. E. RAY LANKESTER, F.R.S.&#13;
COUNCIL.&#13;
Rev. W. J. LOFTIE, F.S.A.&#13;
GEORGE MEREDITH.&#13;
HERMAN C. MERIVALE.&#13;
J. C. PARKINSON,&#13;
The EARL OF PEMBROKE AND MONTGOMERY,&#13;
SIR FREDERICK POLLOCK, Bart., LL.D.&#13;
WALTER HERRIES POLLOCK.&#13;
A. G. Ross.&#13;
GEORGE AUGUSTUS SALA.&#13;
W. BAPTISTE Scoones,&#13;
J. J. STEVENSON.&#13;
JAS. SULLY.&#13;
WILLIAM MOY THOMAS.&#13;
H. D. TRAILL, D.C.L..&#13;
Hon. Counsel-E. M. UNDERDOWN, Q.C. :&#13;
Auditor-Rev. C. H. MIDDLETON-WAKE, F.L.S.&#13;
COMMITTEE OF MANAGEMENT.&#13;
Robert BATEMAN.&#13;
EDMUND Gosse..&#13;
Chairman-WALTER BESANT.&#13;
H. RIDER HAGGARD.&#13;
J. M. Lely.&#13;
SIR FREDERICK POLLOCK.&#13;
A. G. Ross.&#13;
Solicitors.&#13;
Messrs. Field, Roscoe &amp; Co., Lincoln's Inn Fields.&#13;
Secretary-S. SQUIRE SPRIGGE.&#13;
OFFICES.&#13;
4, Portugal Street, Lincoln's Inn Fields, W.C.&#13;
&#13;
&#13;
## p. (#13) #################################################&#13;
&#13;
(The Organ of the Incorporated Society of Authors. A/onth/v.)&#13;
CONDUCTED BY WALTER BESANT.&#13;
Vol. I.—No. i.]&#13;
MAY 15, 1890.&#13;
[Price Sixpence.&#13;
&#13;
CONTENTS.&#13;
The Author&#13;
Something like a Publisher&#13;
The First Principles of Literary Property&#13;
Notes on Copyright&#13;
A Hard C&#13;
The Helpable Author&#13;
On Committee&#13;
Literary Queries, No. 1&#13;
1 Dinner—To&#13;
p Editions&#13;
: Advice&#13;
PAGE&#13;
... 13&#13;
... 14&#13;
... 15&#13;
... 15&#13;
... 18&#13;
.. 18&#13;
A copy of this paper will be sent free to any member of the&#13;
Society for one twelvemonth. It is hoped, however, that most&#13;
members will subscribe to the paper. The yearly subscription is&#13;
65. 6d. including postage, to be sent to the Society, 4, Portugal&#13;
Street, W.C.&#13;
representative gathering, ana uie uu^u&#13;
have a tendency to drop into the hands of a few,&#13;
and so be robbed of half their value. It is also to&#13;
be considered th?t no discussions can have any real&#13;
value which are not founded on knowledge of&#13;
the facts. Now, the ordinary member knows little&#13;
of the facts. It was, therefore, then thought that&#13;
occasional leaflets might be issued conveying the&#13;
facts. To this plan, however, there appeared many&#13;
obstacles. First, leaflets are tossed aside and lost;&#13;
then, even if they are read and preserved, there&#13;
is no place for discussion, for questions, or for&#13;
suggestions. The private member of the Society&#13;
would feel that he was taking no real part in its&#13;
will intorni&#13;
thought the&#13;
he right, too&#13;
•e would be&#13;
by writing a&#13;
d before the&#13;
many points&#13;
to have our&#13;
De the organ&#13;
ds—the one&#13;
.nd ventilate&#13;
ofession of&#13;
rill be the&#13;
our Society&#13;
heir doings,&#13;
and it will become a public record 01 transactions&#13;
conducted in the interests of literature, which have&#13;
hitherto been secret, lost, and hidden for the want&#13;
of such an organ.&#13;
The chief aim of the Society—this has been&#13;
advanced again and again—is to promote the&#13;
recognition of the fact, hitherto most imperfectly&#13;
understood, that literary property is as real a thing&#13;
as property in every other kind of business: that it&#13;
should be safeguarded in the same manner, and&#13;
regarded with the same jealousy.&#13;
Hitherto the mere existence of literary property&#13;
&#13;
&#13;
## p. (#14) #################################################&#13;
&#13;
&#13;
The Society of Authors (Jncorporated).&#13;
PRESIDENT.&#13;
THE RIGHT HON. THE LORD TENNYSON, D.C.L.&#13;
SIR EDWIN ARNOLD, K.C.S.I.&#13;
ROBERT BATEMAN.&#13;
WALTER BESANT.&#13;
Rev. PROF. Bonnev, F.R.S.&#13;
T. COMyxS CARK.&#13;
EDWARD CLODD.&#13;
THE EARL OF DESART&#13;
COUNCIL.&#13;
Rev. W. J. LOFTIE, F.S.A.&#13;
GEORGE MEREDITH.&#13;
HERMAN C. MERIVALE.&#13;
T. C. PARKINSON,&#13;
THE EARL OF PEMBROKE AND MONTGOMERY.&#13;
SIR FREDERICK POLLOCK, BART., LL.D.&#13;
G. ROSS.&#13;
Solicitors,&#13;
Messrs. FIELD, Roscoe &amp; Co., Lincoln's Inn Fields.&#13;
Secretary-S. SQUIRE SPRIGGE.&#13;
OFFICES&#13;
4, PORTUGAL STREET, LINCOLN'S INN FIELDS, W.C.&#13;
&#13;
&#13;
## p. 1 (#15) ###############################################&#13;
&#13;
The Author.&#13;
(The Orgon of the Incorporated Society of Authors. Monthly.)&#13;
CONDUCTED BY WALTER BESANT.&#13;
VOL. I.—No. 1.]&#13;
MAY 15; 1890.&#13;
[Price SIXPENCE.&#13;
CONTENTS.&#13;
PAGE&#13;
PAGE&#13;
... 13&#13;
...&#13;
14&#13;
...&#13;
The Author ...&#13;
Something like a Publisher ...&#13;
The First Principles of Literary Property&#13;
Notes on Copyright ...&#13;
A Hard Case, No. I....&#13;
Questions and Answers&#13;
Leaflet No. I.-On Syndicating&#13;
The Press and the Society ...&#13;
...&#13;
6&#13;
The Helpable Author&#13;
On Committee...&#13;
Literary Queries, No. 1&#13;
...&#13;
At Work ... ...&#13;
Notes.-The Annual Dinner-To those who seek Advice&#13;
New Books and New Editions ...&#13;
Advertisements&#13;
...&#13;
8&#13;
...&#13;
10&#13;
THE AUTHOR.&#13;
management and government. If he thought the&#13;
Committee was moving too slowly in the right, too&#13;
THE Report of the Society of Authors for the quickly in the wrong, direction—there would be&#13;
year 1890 spoke of the great importance no opportunity for saying so, except by writing a&#13;
of keeping members more fully and more letter to the Secretary, to be by him laid before the&#13;
regularly supplied with information, not only on the Committee.&#13;
work of the Executive Committee, but also on the Considering the question from its many points&#13;
various matters which concern the author in the of view, it has seemed most desirable to have our&#13;
safeguarding of his interests and the preservation own organ for our own purposes.&#13;
of his property. The simplest method of effecting The Author is therefore founded to be the organ&#13;
this, it was thought, would be to hold frequent meel- of literary men and women of all kinds—the one&#13;
ings for the purpose of conference and discussion. paper which will fully review, discuss, and ventilate&#13;
As, however, a large number of our members live in all questions connected with the profession of&#13;
the country, we could seldom hope to obtain a really literature in all its branches. It will be the&#13;
representative gathering, and the discussions would medium by which the Committee of our Society&#13;
have a tendency to drop into the hands of a few, will inform its members generally of their doings,&#13;
and so be robbed of half their value. It is also to and it will become a public record of transactions&#13;
be considered that no discussions can have any real conducted in the interests of literature, which have&#13;
value which are not founded on knowledge of hitherto been secret, lost, and hidden for the want&#13;
the facts. Now, the ordinary member knows little of such an organ.&#13;
of the facts. It was, therefore, then thought that The chief aim of the Society—this has been&#13;
occasional leaflets might be issued conveying the advanced again and again-is to promote the&#13;
facts. To this plan, however, there appeared many recognition of the fact, hitherto most imperfectly&#13;
obstacles. First, leaflets are tossed aside and lost; understood, that literary property is as real a thing&#13;
then, even if they are read and preserved, there as property in every other kind of business : that it&#13;
is no place for discussion, for questions, or for should be safeguarded in the same manner, and&#13;
suggestions. The private member of the Society regarded with the same jealousy.&#13;
would feel that he was taking no real part in its Hitherto the mere existence of literary property&#13;
&#13;
&#13;
## p. 2 (#16) ###############################################&#13;
&#13;
2&#13;
THE AUTHOR.&#13;
even in the face of such patent facts as the enrich-&#13;
ment of publishers, has been carefully concealed&#13;
and even denied. Risks of publishing, costs of&#13;
publishing, have been dangled before the eyes of&#13;
authors, so that they should regard the subject as&#13;
one of extreme peril and pure speculation. One&#13;
can never even now read a leading article about&#13;
publishing without being solemnly assured that the&#13;
trade is one in which frightful risks are constantly&#13;
run, and that the success of any book is pure&#13;
speculation.&#13;
Now, as a matter of fact, there is very little&#13;
speculation indeed in publishing, and there are&#13;
very, very few publishers—only the leading houses&#13;
—who ever run any risks at all, either by buying&#13;
books or by bringing out books at a risk. Risks&#13;
are run when a House starts a magazine, or when&#13;
it embarks on illustrated editions of an expensive&#13;
kind, or when educational books are published.&#13;
The ordinary risk run in the production of books&#13;
is, as a rule, next to nothing. For, first, the&#13;
author is seldom paid except by results; next, the&#13;
author, when a house consents to "take the risk,"&#13;
is, for the most part, one who commands a certain&#13;
sale. With the smaller houses books about which&#13;
there is the slightest risk are always paid for by the&#13;
authors in advance, either wholly or in part. And&#13;
very, very seldom indeed, do the ill-advised authors&#13;
who advance their money ever see it back again.&#13;
Again, as to the actual cost of production. By&#13;
carefully keeping this a profound secret, interested&#13;
persons have succeeded in establishing a kind of&#13;
taboo, as of some holy, sacred thing which must&#13;
not be so much as touched. We have, however,&#13;
thoroughly investigated the whole question, and are&#13;
now in a position to throw complete light upon the&#13;
cost of producing any kind of book that can be&#13;
named, in any type and in any form.&#13;
This is a very important step. Its importance&#13;
cannot be over-estimated. It enables the author,&#13;
for the very first time in the history of literature, to&#13;
know what it is he is asked to concede to the publisher,&#13;
and what it is he reserves for himself.&#13;
We have also done more: we have collected&#13;
together a vast amount of information as to pub-&#13;
lishers' agreements: especially as to what, in reality,&#13;
is the meaning of the clauses contained in them:&#13;
we have ascertained what it is they ask the author&#13;
to surrender and for what consideration. And we&#13;
have acquired a knowledge of various frauds, made&#13;
possible by the terms of these agreements, in the&#13;
different methods of publishing.&#13;
This knowledge is so beneficial to the author&#13;
that its existence ought to be widely spread and&#13;
made known to every person who is engaged in&#13;
the production of literature of any kind.&#13;
Again, the Society is constantly engaged in&#13;
answering questions connected with every branch&#13;
of literature and its practice. Many of these ques-&#13;
tions are answered by letter over and over again,&#13;
taking up a great deal of the Secretary's time.&#13;
They would be answered much more effectively in&#13;
a journal.&#13;
It follows from these clauses that we may have a&#13;
good deal to say about the seamy side of the pub-&#13;
lishing trade.&#13;
It must, however, be borne in mind very carefully&#13;
that the Society has not and never has had, any&#13;
quarrel with honourable publishers. It has always&#13;
asked for one thing only—''ustand honest treatment,&#13;
fair and of en agreements, and honourable observance&#13;
of those agreements.&#13;
It has therefore been determined to establish&#13;
this journal as an organ for the especial use of the&#13;
Society. At first we shall bring out The Author&#13;
on the fifteenth of every month. The journal will&#13;
contain papers, notes, letters, questions, and in-&#13;
formation on all subjects connected with literature&#13;
and its profession.&#13;
The members of the Society will be kept informed&#13;
of all that part of our work which is not confidential.&#13;
Among other features of novelty and interest will&#13;
be an account in each number of some one case that&#13;
has been brought before the Society—of course&#13;
without the names. The consideration of these&#13;
cases will, we are certain, show the world the&#13;
absolute necessity for some such organisation as&#13;
our own, though the widespread ignorance which&#13;
we have unfolded was hardly guessed by our&#13;
founders at our first institution. Each number will&#13;
also contain an article or leaflet on some topic be-&#13;
longing to our own interests. There will be notes&#13;
on the various branches of our work. Our columns&#13;
will be open to suggestions, letters, and questions.&#13;
&#13;
&#13;
## p. 3 (#17) ###############################################&#13;
&#13;
THE AUTHOR.&#13;
6&#13;
We shall send out this journal to all our members&#13;
as their own organ. We shall continue it for one&#13;
year at least.&#13;
We shall be very glad to hear from members&#13;
who may be willing to assist us by original contri-&#13;
butions, which should be short, and on some&#13;
subject belonging to our special field, which is the&#13;
safeguarding of literary property for the producer of&#13;
literature.&#13;
Members are invited to send in notices of the&#13;
books which they are about to produce, and copies&#13;
of their books when they appear. It is intended&#13;
to give a short notice of the purpose and contents&#13;
of these works when this is possible. In the case&#13;
of fiction a very brief account, but not a review,&#13;
will be attempted.&#13;
*&#13;
SOMETHING LIKE A PUBLISHER.&#13;
—•—&#13;
I.&#13;
HE was a young man, and he was from the&#13;
country. He stood in the bar of a&#13;
Camden Town public-house, and he&#13;
turned abouta glass ofstout in his hand with anxious&#13;
countenance. Many young men of anxious coun-&#13;
tenance may be seen in London bars all day long.&#13;
He had the customary cigarette of vile paper and&#13;
bad tobacco between his lips.&#13;
Beside him, also with a glass of stout in his hand,&#13;
stoodanolder man,upon whom fifty springs, at least,&#13;
had smiled in sunshine and in shower. His face&#13;
showed the soft influences of the former, but in&#13;
patches, as one on the right cheek, one on the end&#13;
of the nose, and one on the forehead. Thus will&#13;
flowers grow in my lady's garden, here a few and&#13;
there more, for Nature loves not regularity. His&#13;
coat also showed by its appearance that many springs&#13;
had distilled upon it many showers. The habits of&#13;
the man could be easily inferred from his appear-&#13;
ance : he was one of those who look upon wine when&#13;
they can get it, but not for long, because they&#13;
make haste to swallow it; when there is no wine,&#13;
such a man looks upon, and swallows, any other&#13;
kind of drink that is ardent and intoxicating; such&#13;
anonealso loves tobacco, the society of men, and the&#13;
flare of gas lamps. As for his profession, that was&#13;
more difficult to discuss. Not exactly a sporting&#13;
man, though probably ready to get a "bit upon a&#13;
cert."—hiseyes lacked the shrewdness of thesporting&#13;
man, and he was too shabby: not a journalist—he&#13;
was too slow in his movements, and his speech;&#13;
journalists, even if they loaf about the bar, always&#13;
possess a certain smartness: not a clerk, that is, not&#13;
a clerk in a berth: not a tradesman, or a working&#13;
man, or an artist of any kind. A certain cunning,&#13;
of the kind harshly called low, lurked in his eyes&#13;
and on his lips. He might certainly be set down&#13;
as one who lived by his wits, and that in spite of&#13;
his character and reputation. Now when you have&#13;
lost your character it is a good thing to have some&#13;
wits to fall back upon.&#13;
"Seems to me," said the young man, "that there&#13;
is not a single berth left in the whole of London."&#13;
"Not without a hundred fighting for it," said the&#13;
elder.&#13;
"I've stumped round every place of business in&#13;
London and I can find nothing."&#13;
"What might be your line, young man?"&#13;
"Why, when I came up to town I thought that&#13;
something in the publishing line"&#13;
"Publishing?" echoed the other. "Ah! that is&#13;
a line and no mistake—if you're fly to the dodges.&#13;
Publishing? Ah !" he heaved a deep sigh. "If I&#13;
only had the capital—ever so little capital—I say&#13;
—ever so little capital," he repeated meaningly,&#13;
"there is a fortune in it—for self and partner—a&#13;
fortune, I say. Easy living after the first fortnit,&#13;
and a fortune afterwards."&#13;
"Why? Are you a publisher, then?"&#13;
"Do I look like it in this get up? No. But I&#13;
wish I was. Young man, there isn't a trick on the&#13;
cards but I know it. There isn't a dodge in the&#13;
trade that I ain't up to."&#13;
"Where did you learn it?"&#13;
"Never mind that. Perhaps I had a berth in a&#13;
publisher's house. Perhaps I hadn't. That's my&#13;
business. Young man, have you got any capital?"&#13;
"Mighty little."&#13;
"Let's go partners. I'll find the business and&#13;
you shall find the money. How much have you&#13;
got?"&#13;
The young man emptied his waistcoat pocket,&#13;
There was a small heap of silver. "Thai's all I've&#13;
got," he said. He counted it. "Comes to thirty-&#13;
four shillings and thruppence." He put back the&#13;
money in his pocket. "Capital? I wish I had&#13;
any."&#13;
The eyes of the other man twinkled with greed.&#13;
"Thirty-four shillings?" he cried. "Why there's&#13;
enough and more than enough. Keep the four&#13;
and thruppence for yourself. Miss, two fours of&#13;
Scotch—I'll stand. Good Lord! man, your for-&#13;
tune's made. Hands upon it, partner."&#13;
"Why"&#13;
"Hands upon it, I say. I'll land the first&#13;
Juggins in a week. Then the way they'll come in&#13;
will astonish you. It will indeed. Here's success&#13;
to the firm."&#13;
&#13;
&#13;
## p. 4 (#18) ###############################################&#13;
&#13;
4&#13;
THE AUTHOR.&#13;
In this way, and on a capital of thirty shillings,&#13;
was founded the Imperial and Colonial Publishing&#13;
Company, Limited. You may, however, look in&#13;
vain for the registration of the Company, because&#13;
it never was registered.&#13;
II.&#13;
The advertised offices of the Company were in&#13;
a small street leading out of a main thoroughfare.&#13;
Those who called upon the manager, if they worked&#13;
their way up the stairs, found that the offices con-&#13;
sisted of one room at the back of the second floor;&#13;
there was no brass plate; publicity was not courted&#13;
in any way; and the manager was out.&#13;
Two girls rang the bell. A woman came up&#13;
from the depths below.&#13;
"He's out, Miss," she said to their enquiry.&#13;
"We have called every day at different times&#13;
and he is always out."&#13;
"He is generally out, Miss. Business takes him&#13;
out. But he comes for his letters. There's lots of&#13;
letters and parcels "At that moment a red&#13;
cart stopped at the door and delivered three bulky&#13;
parcels. "They're always coming. You write to&#13;
him and you'll get an answer. Better write than call."&#13;
The girls turned away. They were gentlewomen,&#13;
but not rich. One glance at their gloves showed&#13;
so much. Another at their jackets confirmed the&#13;
first impressions. They were, however, gentle-&#13;
women, and they were sisters.&#13;
"Nell," said one, "the man is a rogue, I am sure&#13;
of it. No one but a rogue would hide himself away.&#13;
He is a rogue."&#13;
The other one sighed heavily. "Oh!" she&#13;
said, "who is to keep ignorant girls like us from&#13;
the hands of rogues? What shall I do? What&#13;
shall I do?"&#13;
"Have you sent him all he wanted, dear?"&#13;
"All. He asked first for ^45. He said if I&#13;
would give him ^45 that would be the whole of&#13;
my risk, and he would take the rest. He said that I&#13;
should have three-fourths of all the money that the&#13;
book produced. He said that his reader reported&#13;
so favourably that its success was certain. You&#13;
know how I got the money, dear."&#13;
"You sold everything, your watch and chain,&#13;
your two rings, your bracelet, and the silver spoons&#13;
that had been grandmother's. Oh! I know."&#13;
"Then he wrote again and said that he had&#13;
made a mistake, and must have ten pounds more,&#13;
and I found that and sent it him, and since then I&#13;
can get nothing—no answer to my letters—no&#13;
proofs—nothing!"&#13;
"Nell, he is a rogue. And oh! to think of the&#13;
months and months of work you have given to the&#13;
story. Nell, it was a beautiful story. Oh 1 we&#13;
will, we must, do something to the man."&#13;
"Yes, dear. But who is to pay the lawyer?"&#13;
"Can you write it all over again?"&#13;
"What's the use when the man has got the right&#13;
of publishing it?"&#13;
"Nell, sit down and write another."&#13;
"No," she answered, " I have no heart to write&#13;
another. Let us go home, dear. I will take that&#13;
place of cashier in the draper's shop—fifteen&#13;
hours a day and eight shillings a week; that will be&#13;
better—anythingwill be better than meeting another&#13;
McAndrew. Oh! I have no heart," her voice&#13;
choked, " I have no heart to try again."&#13;
III.&#13;
"My name is Trencher, and if you'll give me&#13;
only five minutes, I should take it kindly."&#13;
"I will give you those five minutes," said the&#13;
Secretary, with affability. "Now, Mr. Trencher,&#13;
what is your business?"&#13;
Mr. Trencher was a young man of fashionable&#13;
get up, yet, as nasty particular persons would say,&#13;
not quite. In fact, certainly nowhere near. His&#13;
manner, however, at this moment betrayed anxiety.&#13;
He was jumpy: in certain circles, it would be&#13;
whispered that it looked like "having 'em again."&#13;
He produced, with trembling fingers, a card on&#13;
which was written this legend "Imperial and&#13;
Colonial Publishing Company, Limited. Manager,&#13;
Mr. A. McAndrew."&#13;
"A., Christian name. Stands for Ananias?"&#13;
asked the Secretary.&#13;
"I don't know. It's about him" he said&#13;
mysteriously. "It's about A. McAndrew. If you&#13;
can run him in I don't care what happens."&#13;
"I know a good deal about this gentleman&#13;
already," said the Secretary.&#13;
"I'll tell you all about him. He got my money&#13;
first—thirty shillings he had off o' me. That's how&#13;
we began. We were to go partners and he was to&#13;
manage. First he put an advertisement in the&#13;
papers."&#13;
"It is here," said the Secretary, laying his hand&#13;
on a book.&#13;
"Country papers at first—saying that all MSS.&#13;
would be carefully considered, and that the Com-&#13;
pany were prepared to offer most liberal terms.&#13;
We had a dozen replies to that first batch of&#13;
advertisements. Lucky we had, because there was&#13;
no more money for a second batch. Out of the&#13;
dozen we got ten MSS. sent up. Out of the ten&#13;
three stood in with our terms. In a week we divided&#13;
a hundred and five pounds between us."&#13;
"Your terms," said the Secretary, "were con-&#13;
tained in this letter. He opened the book and&#13;
read. 'Our reader has reported so favourably on&#13;
your MSS. that we are prepared to offer you the&#13;
following liberal terms. You will send us the sum&#13;
&#13;
&#13;
## p. 5 (#19) ###############################################&#13;
&#13;
THE AUTHOR.&#13;
5&#13;
of £$0 or '—or whatever it was—' and we will&#13;
publish your book at no risk or expense to your-&#13;
self, and we agree to meet all demands up to 10,000&#13;
copies. All proceeds to be divided into two por-&#13;
tions: one of two-thirds for yourself, the other of&#13;
one-third for the Company. You will kindly reply&#13;
at your earliest convenience, because in the present&#13;
enormous press of work the Company cannot keep&#13;
such an offer open.&#13;
'Your obedient servant,&#13;
'A. (meaning Ananias) McAndrew,&#13;
'Manager.&#13;
'P.S.—The present is the best time of year for&#13;
publishing.'"&#13;
"That's the letter," said Mr. Trencher ; "always&#13;
the same letter. No occasion ever to alter that&#13;
letter, except the figures, sometimes."&#13;
"And with that single letter you bagged your&#13;
prey?"&#13;
"Yes. Oh! He knew what he was about. No&#13;
Juggins like a liter'y Juggins, he used to say, and&#13;
I'm sure he was right. Believe all you tell 'em,&#13;
they will—anything you tell 'em. You can't pile&#13;
it up too high. Well, sir, three year ago that&#13;
game begun."&#13;
"I see. And how many works did you actually&#13;
have sent you?"&#13;
"First and last there was more than a hundred."&#13;
"And how many did you publish?"&#13;
The fellow grinned.&#13;
"Well, what with putting off and telling lies,&#13;
and not answering letters, he didn't actually print&#13;
more than three. Sometimes a first sheet would be&#13;
struck off just to keep 'em amused, but not if he&#13;
could help it, because it runs into money. The&#13;
printers wouldn't set it up without being paid&#13;
beforehand."&#13;
"Shameful want of confidence."&#13;
"Mostly they gave up writing, when they found&#13;
they got no reply."&#13;
"And those you did print?"&#13;
"Well; we printed a hundred copies and gave&#13;
the author a dozen, and there was an end of that."&#13;
"Where are the MSS.?"&#13;
"He's got'em. They're no use, though. He won't&#13;
make anything out of them. There's a hundred&#13;
and more lying there. All paid fcr."&#13;
"I judge, therefore, from your coming here to&#13;
make a clean breast of it, that you and your partner&#13;
have quarrelled?"&#13;
"It's like this, mister. He says to me, three&#13;
months ago, he says, 'Pardner,' he says, 'the&#13;
game's getting much too hot for us. Time for us to&#13;
separate. Time for us to go divers ways, as wide&#13;
apart as we can. Now we'll value the business and&#13;
I'll buy. you out.' That's what he says. Well, I,&#13;
thinking that sooner or later there must be a shindy,&#13;
and that he'd get run in—not me—because, you&#13;
know, this kind of business after all, is"&#13;
"It certainly is," said the Secretary.&#13;
"And some time or other somebody who'd been&#13;
kidded on to stump up would go before a magis-&#13;
trate"&#13;
"Which would be awkward," said the Secretary.&#13;
"Jes' so. I says, then, 'Give me my share,' I&#13;
says, 'and lemme go.' So we valued the business&#13;
and agreed. I was to have four hundred quid for&#13;
my share—that was agreed—and I took it in a&#13;
three months bill, and went away and started on&#13;
my own account. The Royal Britannic Federated&#13;
Publishing Company, mine was. J. Trencher,&#13;
Manager."&#13;
"J. standing for Judas, probably," said the Secre-&#13;
tary. "Excuse me. You have done pretty well?"&#13;
"No, I haven't done at all well yet. And I don't&#13;
know what you mean about Judas, neither."&#13;
"Never mind. Pray go on," said the Secretary.&#13;
"We are coming apparently to the most interesting&#13;
part."&#13;
"I hadn't been started a week before the letters&#13;
began to come in."&#13;
"What letters? More MSS.?"&#13;
"No. Letters from the people he'd done out of&#13;
their money. What does he do? Oh! the villain!&#13;
Directly after I was out of the office, he tells every-&#13;
body who threatened or complained that his case&#13;
belonged to me, and he must write to me and that&#13;
I was no longer his partner. There are fifty of 'em&#13;
at this moment wanting their money and their MSS.&#13;
back. Well, I could have stood that, because you&#13;
can't give people what you haven't got. But yester-&#13;
day—yesterday—" Here his emotion got almost&#13;
too much for him—" the bill fell due. You'd hardly&#13;
believe it, but it's true. His bill fell due—the bill for&#13;
that four hundred, my share of the business, it fell&#13;
due, and I presented it and—and—no one would&#13;
believe that such a villain could be living"&#13;
"It was not met, I suppose ?" said the Secretary.&#13;
"No—it wasn't met. He's done me out of my&#13;
share and he's got the business still, and he's turning&#13;
over all the people that are going to bring actions on&#13;
to me. And now I'm ruined, and I come to you to&#13;
make a clean breast of it, if you can run him in.'&#13;
Mr. Ananias McAndrewis, however, still at large,&#13;
and when last we heard he was beginning the&#13;
game again under another name and with a new&#13;
company.&#13;
Note by the Editor.—This story is literally&#13;
and exactly true. The man, we have just learned,&#13;
is really beginning the game over again. Moral.—&#13;
Never answer an advertisement of a so-called pub-&#13;
lisher without first writing to the Society for advice.&#13;
&#13;
&#13;
## p. 6 (#20) ###############################################&#13;
&#13;
6&#13;
7 HE AUTHOR.&#13;
THE FIRST PRINCIPLES OF&#13;
LITERARY PROPERTY.&#13;
THE following considerations and maxims may&#13;
appear to some readers elementary. The&#13;
cases which constantly arise before the&#13;
Society prove, however, that like the Ten Com-&#13;
mandments, it is wise to have them exposed to&#13;
view, and to be frequently reminded of them.&#13;
1. Literary property is a very real thing. It is as&#13;
real as property in land, houses, mines, or any&#13;
other kind of property. Hundreds of people live&#13;
upon its proceeds in great luxury, plenty, and&#13;
comfort. Thousands of people live upon it by&#13;
thrift and carefulness.&#13;
2. When a man has made a book lie has increased&#13;
the wealth of the country, provided it be a book&#13;
serviceable to the community and saleable.&#13;
3. He has created this wealth; it is his own; he&#13;
must be as careful not to part with it, except for a&#13;
just consideration, as if it were a mine or a quarry,&#13;
or an estate.&#13;
4. Literary property is subject to the laws which&#13;
protect all other property; the simplest and the&#13;
mostcomprehensive of these laws is the Eighth Com-&#13;
mandment, "Thou shalt not steal."&#13;
Applied to literature and to the persons whose&#13;
business it is to buy and sell various forms of&#13;
literature, the Commandment is thus to be inter-&#13;
preted, "Thou shalt not cheat the author in buying&#13;
his work from him; thou shalt not write or speak&#13;
lies concerning the cost of preparing his work for the&#13;
press; thou shalt not agree with him on terms such&#13;
as will give to thyself the profits on his labour. The&#13;
work is his, not thine at all; his the design of it,&#13;
the invention,the fancy, the imagination,the learning,&#13;
the brain and the hand of it—all is his. If it be-&#13;
comes thine, it must be by an equitable agreement,&#13;
which shall give thee a fair reward for labour done,&#13;
and leave to him all the rest." In no other way&#13;
can the Eighth Commandment be interpreted by&#13;
those who deal with authors.&#13;
5. What is the commercial value of a book?&#13;
Clearly it depends upon the number of copies&#13;
which the public will take. So the value of a&#13;
field depends upon its fertility; of a ship upon her&#13;
carrying power and seaworthy qualities; of a horse&#13;
upon his strength and youth. Some fields are&#13;
sterile—they are sold for a small sum—some are&#13;
worthless. So with books. An author's income&#13;
from a book must depend upon the copies bought&#13;
by the public.&#13;
6. Most books published have no commercial&#13;
value at all—a very large number have no literary&#13;
value at all. How, then, do they get published?&#13;
They are published at the expense of tlie author.&#13;
7. The book which does succeed may have a&#13;
nominal success, or it may have an enormous sue&#13;
cess. If a MS. has any literary value, a thing&#13;
which may be easily ascertained by having it&#13;
examined at the Society of Authors, its success is&#13;
always possible. And so often of late years has a&#13;
book unexpectedly taken the world by storm that&#13;
the author must always consider his MS. as a pos-&#13;
sible great success.&#13;
8. It must be remembered that publishers live&#13;
by publishing. They therefore look to make&#13;
money by every book which they issue. It is a&#13;
great mistake to suppose, as some authors do, that&#13;
the publisher does not first consider the commer-&#13;
cial prospects of a book. In many cases it is the&#13;
only thing he does consider.&#13;
9. Therefore the publisher must be paid. He&#13;
must be paid for the time and trouble he, through&#13;
his servants, gives to the preparation of the work&#13;
for the press; for the publicity which he gives to&#13;
it; and, in a very few cases, for the prestige of his&#13;
name.&#13;
10. It is self-evident that every book must stand&#13;
or fall by its own merits. That is to say, that it is&#13;
idle to talk of the failure of one book being a&#13;
reason for giving the author of another book less&#13;
than his due.&#13;
With these considerations, which are indisput-&#13;
able and elementary, before him, let every author&#13;
read carefully over any agreement offered to him,&#13;
and before signing it, ascertain what it gives the&#13;
author, and what it gives or reserves for the pub-&#13;
lisher, (1) for the first edition, (2) for the second and&#13;
following editions.&#13;
Next let the same author take any of his&#13;
agreements in the past, and with the light of the&#13;
accounts which were afterwards rendered to him,&#13;
and the information which we now give him, let&#13;
him draw his own conclusions.&#13;
*&#13;
NOTES ON COPYRIGHT.&#13;
I. Copyright in Lectures.&#13;
DOES anybody ever take the trouble to secure&#13;
his copyright in a public lecture? It is a&#13;
curious and amusing process which the&#13;
law in its wisdom requires him to go through.&#13;
There is, perhaps, nothing objectionable in his&#13;
having to give two days' notice of his intentions to&#13;
two justices of the peace, both of whom must live&#13;
within five miles of the locus in quo. But, beyond&#13;
the presumption that the aforesaid justices might,&#13;
if the notice were civilly worded, take tickets for, if&#13;
&#13;
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## p. 7 (#21) ###############################################&#13;
&#13;
THE AUTHOR.&#13;
7&#13;
not attend, the lecture, it is not easy to understand&#13;
the object of the interesting proviso. There is cer-&#13;
tainly no necessity to make it public that on this&#13;
occasion only "all rights are reserved." It is no&#13;
business either of the author's or of the magistrates to&#13;
warn reporters off the premises. Nevertheless, the&#13;
former would, on giving the statutory notice, be&#13;
entitled to confiscate any printed and published&#13;
reports (or, for that matter, the whole edition of&#13;
every newspaper in the Kingdom which published&#13;
the lecture without leave), and, moreover, to re-&#13;
cover a penny for every sheet in their custody.&#13;
What a fortune Mark Twain would realise if he&#13;
went on tour in the silly season! But, to further&#13;
illustrate the beautiful simplicity of the law, a&#13;
lecturer is powerless to protect himself against&#13;
unauthorised re-delivery. It is only publication&#13;
that is prohibited by statute. Anybody who likes&#13;
is entitled to take down a lecture verbatim and can&#13;
re-deliver it with perfect impunity, or, in other&#13;
words, while there is copyright there is no such&#13;
thing as performing right in a species of literary&#13;
production in which this may be really valuable.&#13;
Sermons, on the other hand, seem to be clearly&#13;
public property, that is, if delivered "by any&#13;
person in virtue of or according to any gift, endow-&#13;
ment, or foundation." In other words, Noncon-&#13;
formist ministers, unless they, too, come within the&#13;
category, enjoy an advantage denied to the Clergy&#13;
of the Established Church. For it would, we&#13;
imagine, be open to them to give the statutory&#13;
notice of the intended delivery and so secure the&#13;
copyright, if not the performing right (if we may use&#13;
the expression), in the production in question. The&#13;
Clergy of the Church of England cannot, however,&#13;
under any circumstances reserve their rights. The&#13;
only remedy open to them if their pulpit eloquence&#13;
is reproduced is, like the Bishop of Peterborough,&#13;
to take a leaf out of the book of the "old Parlia-&#13;
mentary hand," and deny that they have been&#13;
"correctly reported." In the same way, too, no&#13;
lecture delivered in any university, public school,&#13;
or college, or on any public foundation can under&#13;
any conditions be protected. But there is seldom&#13;
any very great demand for sermons, university or&#13;
college lectures, so that their authors enjoy rather&#13;
more protection, independent of statute, than most&#13;
of them desire.&#13;
II. Copyright in Recitations.&#13;
Should the recitation ot popular pieces be pro-&#13;
hibited by law? The relative advantage or disadvan-&#13;
tage accruing to an author is, of course, wholly&#13;
beside the question. It is quite possible that in&#13;
many cases an author might regard himself as quite&#13;
sufficiently recompensed by probable sales. It is&#13;
notorious that more than one well-known firm of&#13;
musical publishers not only do not reserve their&#13;
rights in their songs, but announce to all whom it&#13;
may concern that they can be sung anywhere. But&#13;
now that recitations are once more becoming popular,&#13;
there is no doubt whatever that the right of delivery&#13;
of favourite verse will become valuable, and the&#13;
question of its protection acquires an added import-&#13;
ance. There is no more reason why an author&#13;
should have no control over and derive no profit&#13;
from the recitation of his work than that a novelist&#13;
should have to submit to be dramatized whether&#13;
he likes it or not. The results of protection would,&#13;
of course, be that royalties would have to be paid if&#13;
the author chose to reserve and enforce his rights.&#13;
It would perhaps be necessary that some analogous&#13;
conditions to those required by the Copyright&#13;
(Musical Compositions) Act, 1882, should be&#13;
devised to prevent people being " Walled."&#13;
III. Anglo-American Copyright.&#13;
It is always risky to prophesy, and Anglo-&#13;
American Copyright is a subject on which even&#13;
a sporting prophet would hesitate to hazard a&#13;
forecast. It is, however, not impossible that the&#13;
Bill before Congress should, in the words of its&#13;
sixth section, "go into effect" on the 1st July,&#13;
1890. Committees of both Houses have reported&#13;
in favour of the measure: not that that counts for&#13;
much! We are not likely to forget that in 1889&#13;
it was thrown out at the last moment by a single&#13;
member who had no views on the subject, and&#13;
was really opposing another measure. But, still,&#13;
it is satisfactory to know that .the tariff men,&#13;
the petty pirates, and the moneyed ignoramuses—&#13;
the three classes of which the opposition con-&#13;
sists—have so far made a very poor show.&#13;
During the sittings of the House Committee on&#13;
Judiciary Mr. Roger Sherman, formerly a Phila-&#13;
delphia publisher, declared that "the outcry for&#13;
the passage of the Bill was simply the clamour of&#13;
200 authors against the interests of 50,000,000&#13;
people." There is a truly delicious naivete about&#13;
this confession of a preference for stealing litera-&#13;
ture instead of buying it. As for the Bill itself&#13;
it will undoubtedly confer valuable rights upon&#13;
those English writers who can conform to its&#13;
conditions. These require the books to be&#13;
printed from type set up in the States, and two&#13;
copies to be delivered to the Librarian of Con-&#13;
gress "on or before the day of publication." If the&#13;
Bill becomes law in this form considerable diffi-&#13;
culty, it may be remarked, will arise in securing&#13;
copyright in serial stories, for, as it now stands,&#13;
each number would have to be delivered as an&#13;
independent publication, a matter obviously of&#13;
&#13;
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## p. 8 (#22) ###############################################&#13;
&#13;
8&#13;
THE AUTHOR.&#13;
great practical difficulty. But in view of the&#13;
multifarious exigencies which have compelled&#13;
modifications innumerable, and hampered the&#13;
efforts of the American (Authors) Copyright&#13;
League, it is idle to criticise the measure as a&#13;
final settlement of the difficulty. It is enough,&#13;
for the present, if it makes Anglo-American Copy-&#13;
right ultimately possible.&#13;
IV. The securing of American Rights.&#13;
Since the above was written, the International&#13;
Copyright Bill has been brought before the House&#13;
of Representatives and has been defeated by 126&#13;
votes to 98. The conscience of the great Re-&#13;
public therefore remains unawakened, that is to&#13;
say, five-ninths of the American conscience is un-&#13;
moved. The other four-ninths may be trusted to&#13;
keep moving. Perhaps our grandchildren may&#13;
reap the fruits of their agitation. What is now to&#13;
be done?&#13;
There seems to be but one way for an English&#13;
author to hold at bay the piratical publishers of the&#13;
United States: it is to enter into collaboration&#13;
with an American writer. By this arrangement a&#13;
perfect copyright is obtainable; one which will defy&#13;
the devil—the printer's devil—and all his works.&#13;
One American member of the Incorporated&#13;
Society of Authors has already written to offer an&#13;
honourable partnership of this kind with British&#13;
authors who desire to protect their literary&#13;
property. Enquiries relating to the subject should&#13;
be addressed to the Secretary of the Society of&#13;
Authors, 4, Portugal-street, Lincoln's-inn-fields,&#13;
W.C.&#13;
*&#13;
A HARD CASE.&#13;
No. 1.&#13;
IT is now some five years ago since a young lady&#13;
wrote a volume of poems and sent them to a&#13;
certain advertising society for publication.&#13;
The so-called managing director told her in reply&#13;
that, although her work was of indubitable merit,&#13;
it required to be revised by some one who&#13;
understood the "rules of Poetical Composition."&#13;
Such an article he had on hand, and he begged&#13;
to recommend that she should apply to a per-&#13;
son in Fleet Street, posing as the editor of a&#13;
non-existent journal, for advice. This gentleman&#13;
expressed himself willing to teach her poetry for&#13;
the comparatively moderate fee of jQt, 14J. 6d. As&#13;
his grammar was not, however, without blemish he&#13;
would seem to have been only duly modest. For&#13;
three months the young lady received instruction in&#13;
poetry from him, and then again applied to the&#13;
advertising society to have her verses published.&#13;
Apparently her tutor had proved of service, for the&#13;
managing director now agreed to issue her book for&#13;
her, on her advancing the sum of ,£50. For this&#13;
sum he was prepared to produce the MS. in volume&#13;
form and " to meet all demands for sales up to&#13;
3,000 copies." The volume was to be published&#13;
at 6*., Cr. 8vo., good toned paper, and to be bound&#13;
in cloth boards, and gilt lettered. The payment&#13;
was to be made in the following manner: £20 at&#13;
once; £20 on seeing the last proofs; and the&#13;
balance within three months.&#13;
The only agreement made between author and&#13;
publisher was the interchange of letters ratifying&#13;
the above proposition. The lady's friends lent her&#13;
the money, evidently having no idea of the true&#13;
commercial value of poetry, and the book went to&#13;
press.&#13;
The phrase, "to meet all demands," will receive&#13;
full consideration in our next number.&#13;
Now it would seem that the publisher's first&#13;
opinion as to the value of the author's work was&#13;
nearly a correct one, when he recommended that&#13;
she should learn verse, but that he rather over-rated&#13;
the improvement that had been effected by his&#13;
friend, the instructor in poesy. For there was no&#13;
sale. But, on the other hand, there were, in&#13;
addition to the ^50, several small items to pay&#13;
for.&#13;
There was advertisement in the publisher's own&#13;
lists, £2 2S. There was the "time of the traveller"&#13;
in offering the work to the trade, £1 1js. There&#13;
was £2 for warehousing, £2 2s. for the privilege&#13;
of membership of the Literary Association, of which&#13;
the publisher was managing director. These sums,&#13;
with others for postage, &amp;c, brought the author's&#13;
account on the whole transaction into the following&#13;
position.&#13;
(1) She had paid for three months' poetical&#13;
instruction. (Exactly what she paid is not quite&#13;
clear—over ,£10, however.)&#13;
(2) She had paid £50 for the production of her&#13;
work.&#13;
(3) She still owed j£g odd to the publisher.&#13;
(4) There were no sales at all: so that she had&#13;
received nothing.&#13;
Then the publisher began to write in a threatening&#13;
way for this £9.&#13;
He expressed himself as not surprised at the ill-&#13;
success of her book (though on previous occasions&#13;
he had spoken well of her work), and attributed&#13;
this to the lack of advertisements. He badgered&#13;
her to advertise through himself to the extent of j£$&#13;
or jQio, assuring her that she would then get good&#13;
&#13;
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## p. 9 (#23) ###############################################&#13;
&#13;
THE A UTHOR.&#13;
9&#13;
reviews. But her means would nol allow her to&#13;
take his advice. Then he suggested that she&#13;
should contribute at the rate of is. a line to a&#13;
column of advertisement that he proposed to insert&#13;
in the Standard of a good many other books he was&#13;
bringing out. Here, again, she was obdurate.&#13;
Then he sent her a lawyer's letter.&#13;
She applied to the Society of Authors, and&#13;
escaped further payment; but it would have been&#13;
useless to attempt to extract from the publisher the&#13;
money he had already received on grossly false re-&#13;
presentation, for about this period he became a&#13;
bankrupt.&#13;
Of the numerous letters two are appended.&#13;
1. The first received by the author from the&#13;
"Secretary."&#13;
2. The second received by the author from the&#13;
"Editor."&#13;
I.&#13;
Date.—March 6th, 1884.&#13;
Name.—Miss C. D.&#13;
Address.—16, High St. .&#13;
Title and No.—Poems.&#13;
Length.—&#13;
Opinion.—" Requires revision by an expert, who&#13;
understands the rules of poetical composition.&#13;
"Author should write Mr. L., Street,&#13;
London, forhis instructions topoetical students.&#13;
Writer has ability, and if she only studied the&#13;
rules of poetical composition she would do&#13;
well.&#13;
"One poem could be set to music. Charge,&#13;
including composition of music, would be&#13;
Ss. for 250 copies."&#13;
A. B. C, Secretary.&#13;
II.&#13;
Re MSS.from the Metropolitan Publishing and&#13;
Literary Society.&#13;
"We have received your MSS. and beg to say&#13;
we cannot accept same, as they are unprepared for&#13;
press. You write them as though poetry, but they&#13;
are prose. If you write out the Penalty as though&#13;
prose, no capital letters, &amp;c, you will find it reads&#13;
better. If you do this and send again we can&#13;
finish revising for half a guinea, and print.&#13;
"Yours faithfully,&#13;
"The Editor."&#13;
It seems almost incredible that even an inex-&#13;
perienced girl should not have guessed that these&#13;
people were common sharpers. But she did not.&#13;
"The Managing Director " advertised largely and&#13;
the number of his victims is proportionally large.&#13;
Yet he has never got into prison. His victims&#13;
were generally helpless, and generally sensitive to&#13;
ridicule, while it always seems an unsatisfactory&#13;
thing to spend ^50 in bringing a criminal action&#13;
against a person who has robbed you of .£50.&#13;
It should be observed that this case has nothing&#13;
to do with the story on pp. 3-5.&#13;
*&#13;
QUESTIONS AND ANSWERS.&#13;
1. Is it right for editors to keep a book sent&#13;
to them for review when they give no notice of the&#13;
book ?—It is right because it is impossible for&#13;
every book that is published to receive a review,&#13;
and every book is sent for review on the chance of&#13;
getting it.&#13;
2. How long should an editor be free to keep&#13;
a MS. without reply?—If the article is one of&#13;
immediate interest he should return it at once if&#13;
he cannot find time to consider it. A contributor&#13;
in such a case should state the urgency of the sub-&#13;
ject. Under ordinary circumstances no one who&#13;
knows the labours of an editor or the piles of&#13;
MSS. into which he must look should grumble at&#13;
waiting for three or four months.&#13;
3. How long should a contributor be expected&#13;
to wait before payment?—All the honourably&#13;
conducted magazines pay on publication, or a few&#13;
days afterwards. It has, however, been proved to&#13;
the Society that there are certain journals—&#13;
happily only a few—who make a point of never&#13;
paying unless they are compelled by threats of law.&#13;
It seems incredible that a magazine proprietor or&#13;
editor should thus make as many enemies as he has&#13;
contributors. It is unhappily, quite true.&#13;
4. What payment should be made for a magazine&#13;
article?—This question is often asked. There is&#13;
no answer possible, because the practice necessarily&#13;
differs. A magazine of limited circulation obviously&#13;
cannot afford to pay its contributors much. Then&#13;
if payment is made by the page, that too varies;&#13;
some magazines, such as Blackwood's or Mac-&#13;
millan's, have a page double that of Longmans'.&#13;
The best advice to be given is this. In the high-&#13;
class magazines contributors are paid by a regular&#13;
scale, unless special terms are made. Therefore,&#13;
the contributor may rely on the usual treatment&#13;
according to the scale of that journal. In maga-&#13;
zines of inferior kind the contributor would do&#13;
well to ask beforehand what payment will be made&#13;
if the paper be accepted. Suppose the Editor&#13;
refuses to name his scale and sends back the MS.,&#13;
that will be better than to have it taken and pub-&#13;
lished, and then not paid for.&#13;
&#13;
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## p. 10 (#24) ##############################################&#13;
&#13;
IO&#13;
THE AUTHOR.&#13;
LEAFLET No. I.&#13;
On Syndicating.&#13;
IT was in the Report issued at the beginning&#13;
of last year that we first made an announce-&#13;
ment concerning our attempt at forming for&#13;
ourselves a syndicate of our own members. We&#13;
guarded ourselves at that time by a warning which&#13;
we hoped would be sufficient to prevent the raising&#13;
of hopes doomed to disappointment. We were&#13;
wrong. There has been a good deal of dis-&#13;
appointment among some of our members who&#13;
thought that in this way their own work might be&#13;
disposed of.&#13;
It was found at the outset, first, that the news-&#13;
papers among which we at first proposed to place&#13;
the works of our members were engaged to the&#13;
various syndicates in existence for a year, a year&#13;
and a half, or even longer. It was next found, what&#13;
had been expected, that no writers have any chance&#13;
at all of getting their work taken in country and&#13;
colonial newspapers except those who have already&#13;
achieved a certain reputation. So that both the&#13;
time of commencing operations was postponed, and&#13;
the writers for whom the syndicate was to work were&#13;
limited in number.&#13;
After a great deal of consideration and experi-&#13;
menting, it has been found that the best and&#13;
fairest way of working is, as regards short tales, to&#13;
arrange for one batch at a time covering a whole&#13;
quarter. Each writer of this batch takes, first of&#13;
all, his market value; that is to say, the price he&#13;
can command in magazines, or that which other&#13;
syndicates—trade syndicates—are willing to pay&#13;
him: he sells to our syndicate, not, as in all other&#13;
syndicates, the story outright, but the right to its&#13;
appearance once, and only once, in a certain&#13;
quarter. This done, the work becomes again his&#13;
own property. Next, when all the writers have&#13;
been paid, the balance, if any, is equally divided&#13;
among the writers in proportion to the length&#13;
of their work. That is to say, for a tale running&#13;
over three weeks, a writer would receive three&#13;
times that accorded to one of a single week. About&#13;
twenty-five per cent, of the whole is required&#13;
for agency printing and postage. This may seem a&#13;
large amount, but the trouble involved is very great,&#13;
and there is no way of avoiding such charges&#13;
except by keeping a special clerk for the purpose&#13;
in the offices of the Society. The services of such&#13;
a clerk, properly qualified and experienced, would&#13;
amount to quite as much as the commission&#13;
of an agent. After a little there must be a further&#13;
charge for the work of editing, which hitherto&#13;
has been done for nothing.&#13;
Then comes, next, the question—Where to place&#13;
these stories? At first it was thought that the&#13;
provincial press would be the best medium. It&#13;
has, however, been found that, though the pro-&#13;
vincial press may sometimes be useful, it cannot&#13;
always be depended upon, and that it may in some&#13;
cases be best to sell the work to some one pro-&#13;
prietor or editor. This has, in fact, been done in&#13;
the case of the first quarter's collection. One pro-&#13;
prietor has bought the right for Great Britain and&#13;
Ireland. They have also been sold in America—&#13;
also to one man; in Australia and New Zealand&#13;
to another; and in India to another. The amount&#13;
to be divided among the writers of this batch will&#13;
rule far higher than anything they could obtain&#13;
from ordinary syndicates.&#13;
The next quarter's batch is now in course of&#13;
preparation.&#13;
If members think they already possess the kind&#13;
of name that popular journals desire to place in&#13;
their columns, they may communicate with the&#13;
Editor at the Society's office. The Editor's busi-&#13;
ness is very simple: it is merely to provide such&#13;
a collection of stories as will be vouched for by&#13;
the names of their writers. He is not, in fact, the&#13;
judge: he has only to record the judgment of&#13;
purchasers, and to cater for them. It is not so&#13;
much the quality of his wares that he has to con-&#13;
sider, as their fashion and popularity. Therefore,&#13;
the Editor must not be blamed if he has to tell&#13;
a member that he cannot offer to syndicate his&#13;
work.&#13;
There is, however, another branch of syndicating&#13;
work—that of longer stories. Here, again, though&#13;
names come first, there may be special reasons&#13;
why a work by a less known hand might be syndi-&#13;
cated with a certain measure of success.&#13;
&#13;
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## p. 11 (#25) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
If any member, therefore, would like to try this&#13;
method, he should send, first of all, his name, his&#13;
list of previous work, and a complete scenario of&#13;
the work, showing its length, number of chapters,&#13;
the story, the place and time, and anything that may&#13;
recommend it. This scenario should be type-written,&#13;
which would not cost more than two or three&#13;
shillings. He can then learn whether he may&#13;
hope for any success in this way. But, again, let&#13;
him not blame the Editor should failure follmv.&#13;
He would like to oblige all the members of the&#13;
Society if he could.&#13;
This syndicating is intended, of course, as a first&#13;
step in the action of authors for themselves and by&#13;
themselves. When we consider all the difficulties&#13;
in the way: first, the profound distrust of anything&#13;
to do with publishing that is spread over a des-&#13;
pondent world; next, the suspicion and jealousy&#13;
with which authors too often regard each other;&#13;
thirdly, their colossal ignorance of all matters con-&#13;
nected with their own business; and, fourthly, the&#13;
danger of awakening extravagant hopes of a millen-&#13;
nium to come the day after to-morrow—we might be&#13;
excused if we desisted from the attempt. But when&#13;
we consider how much the Society has done already,&#13;
and is now doing, when we remember that we&#13;
are the pioneers, and when we remember that&#13;
in such a cause progress must be slow, we are&#13;
resolved to persevere. All the steps that we have&#13;
taken, all that we are going to take, are based upon&#13;
one proposition: that literature belongs to the&#13;
Poet—the Maker—not to the Trader—not to him&#13;
who only sells.&#13;
Editor.&#13;
*&#13;
THE PRESS AND THE SOCIETY.&#13;
ONE reason, and that not the least, for the&#13;
existence of such a journal as this is the&#13;
necessity for keeping the Society and its&#13;
objects from misrepresentation—wilful or through&#13;
ignorance—in the newspaper press and in the&#13;
magazines. We have read from time to time articles,&#13;
both generous and appreciative, presenting our&#13;
aims truthfully. We have also been misrepresented&#13;
by numerous paragraphs, written either by persons&#13;
totally unacquainted with this Society, or wholly&#13;
ignorant of the subject, or maliciously inspired&#13;
by our enemies. For instance, it has been the&#13;
constant habit of these gentlemen to represent the&#13;
Society as inspired by a blind hatred of all pub-&#13;
lishers, thus attempting to identify themselves and&#13;
their own frauds with the honourable houses. Or&#13;
they find occasion to gird at the Society as talking&#13;
against "the wicked publisher," implying that we&#13;
are not defending ourselves against dishonest&#13;
people, but attacking the whole trade.&#13;
It has, however, been reserved for the Con-&#13;
temporary Review, of all magazines in the world, to&#13;
produce an article on the Society, and its work&#13;
which is indeed amazing.&#13;
One would not take notice of this production but&#13;
for the fact that it suggests certain questions which&#13;
should not only be administered to the author, but&#13;
to all those persons who are contemplating such&#13;
articles on this subject. If before sitting down to&#13;
write, they will kindly read and consider these&#13;
questions, they may possibly save themselves the&#13;
subsequent affliction of discovering that they have&#13;
been writing on a subject of which they know&#13;
nothing.&#13;
It is not necessary that we should reply in detail&#13;
to the article; and, indeed, very much of it is&#13;
exactly what we have always ourselves advocated.&#13;
As for the rest—but the questions will themselves&#13;
indicate the nature of the reply which might be&#13;
made.&#13;
They are these :—&#13;
"Have you ever studied the different methods&#13;
of publishing? If so, when and where? Under&#13;
whose guidance, and with what advantages?&#13;
"What steps have you taken to ascertain the&#13;
cost of producing books, the money spent on&#13;
advertising, the trade price of selling, the demand&#13;
for different kinds of books, the risk in producing&#13;
books, what and of what kind? In fact, what&#13;
special knowledge do you possess of the publishing&#13;
trade?&#13;
"Whit have you learned, before writing this&#13;
precious article, concerning the various kinds of&#13;
agreement presented to authors by publishers?&#13;
"Do you know, by personal examination and ex-&#13;
perience, what these agreements represent, namely,&#13;
can you tell, by reading an agreement, what the&#13;
publisher offers to the author, and what he reserves&#13;
for himself?&#13;
"Do you know, by experience of your own, the&#13;
treatment of authors by their publishers? In the&#13;
case you quote, where you received twelve guineas,&#13;
have you ascertained what amount was made by&#13;
the publisher?&#13;
"Are you aware that the body of men, whom&#13;
you take upon yourself to assail, have been engaged&#13;
&#13;
&#13;
## p. 12 (#26) ##############################################&#13;
&#13;
12&#13;
THE AUTHOR.&#13;
for five years in a most careful and painstaking&#13;
examination of the whole of the publishing business&#13;
in every branch?&#13;
"Are you aware that this body of men, the&#13;
Committee of the Society of Authors, in all their&#13;
publications have made, and are making, but one&#13;
demand, namely, for just and honourable deal-&#13;
ing?&#13;
"Are you also aware that they have demanded,&#13;
and are still demanding, not only equitable agree-&#13;
ments, but the keeping of those agreements to the&#13;
letter?&#13;
"Have you read their reports and their circu-&#13;
lars?"&#13;
If you cannot answer these questions, we would&#13;
submit another. "What right have you to be&#13;
heard on the questions at all?" We would also ask&#13;
you to select those adjectives in the English lan-&#13;
guage which apply to one who ventures to talk in&#13;
public on a subject concerning which he is pro-&#13;
foundly ignorant.&#13;
If you can answer these questions; if you have&#13;
really made a study of a very difficult and obscure&#13;
subject, kept purposely in obscurity by interested&#13;
persons; if you have really read the reports and&#13;
papers of the Society, and have duly considered&#13;
and meditated on them, you have, perhaps, a right&#13;
to speak.&#13;
Supposing this to be the case, let us ask the&#13;
writer what he means by the following :—&#13;
"The bargain between author and publisher is&#13;
one perfectly well understood."&#13;
Is it? Then, we will ask him another question.&#13;
It is this.&#13;
"Will you, who so perfectly well understand the&#13;
bargain between author and publisher, kindly ex-&#13;
plain the following agreement?" A. B. publishes&#13;
covenants with C. D. the author, as follows :—&#13;
He is to have the sole copyright of a MS. on the&#13;
following conditions. He is to publish it at his&#13;
sole risk and expense: he is to sell it at 6s.&#13;
each copy: after 500 copies are sold he is to give&#13;
the author a royalty of 15 per cent, on the trade&#13;
price, not the published price. He is to decide&#13;
if any cheaper editions are to be issued: he is to&#13;
have the power of selling off remainder of stock:&#13;
he is, in fact, to have the complete control of the&#13;
book.&#13;
The book is printed in small pica, crown 8vo,&#13;
and contains 21^ sheets. The question for you&#13;
who understand so clearly the bargain between&#13;
author and publisher is this. When 3,000 copies&#13;
of the book have been sold, allowing ^30 for&#13;
advertising, what profit the author has made and&#13;
what the publisher? We will answer this question&#13;
for you in our next number.&#13;
Again, the author of this paper says, "The&#13;
royalty system is so obviously fair that there is no&#13;
need to say much about it."&#13;
Quite so. Then we will put to him the follow-&#13;
ing questions. "Will you kindly explain what&#13;
you mean by the royalty system? What, if you&#13;
please, is the royalty system? What percentage&#13;
should be given on an equitable royalty? And&#13;
why? What does that leave the publisher?&#13;
You had, probably, something in your mind when&#13;
you wrote the passage. What, we repeat, is the&#13;
royalty system? Is it ten, twenty, thirty, forty&#13;
per cent.? And, in any case, why do you fix upon&#13;
that proportion, and what does it leave for the&#13;
publisher?"&#13;
Again, seeing that if our Society is strong on any&#13;
point at all, it is upon the point of equitable agree-&#13;
ments, seeing that from the outset it has never&#13;
ceased to argue in favour of such agreements, and&#13;
seeing that it has always insisted on such agree-&#13;
ments being carried out honestly and to the letter,&#13;
what does the writer of the paper mean by the&#13;
following solemn peroration?&#13;
"Are our contracts to be binding upon us only&#13;
so long as we find it profitable to ourselves to keep&#13;
them?&#13;
"Are our moral instincts getting feebler? Are&#13;
we losing our sense of honour?&#13;
"Is our respect for the sacredness of plighted&#13;
troth on the wane?&#13;
"If they who ought to be the trainers of the&#13;
national constitution are helping to improve it, and&#13;
helping others to believe that literary workers are&#13;
only workers for hire and determined on getting it,&#13;
even at the price of broken faith and broken pledges,&#13;
then there can be but a gloomy outlook for us all—&#13;
the days of shame are at hand!"&#13;
Really! This is indeed terrible. But this critic&#13;
now has our questions before him and will perhaps&#13;
answer them.&#13;
Let us remind him, lastly, of certain lines, written&#13;
a hundred and fifty years ago, and still, unhappily,&#13;
applicable.&#13;
Look thro' the world, in every other trade,&#13;
The same employment's cause of kindness made;&#13;
At least, appearance of goodwill creates,&#13;
And every fool puffs off the fool he hates.&#13;
Cobblers with cobblers smoke away the night,&#13;
And in the common cause ev'n players unite.&#13;
Authors alone, with more than savage rage,&#13;
Unnatural war with brother authors wage.&#13;
*&#13;
&#13;
&#13;
## p. 13 (#27) ##############################################&#13;
&#13;
the author.&#13;
THE HELPABLE AUTHOR.&#13;
From an Address by Edmund Gosse.*&#13;
GRUB STREET is with us to-day. It is&#13;
mitigated to some degree, no doubt—&#13;
greatly mitigated—by the blessed institu-&#13;
tion of journalism, which has opened the sluice&#13;
and, to a great extent, let out the waters. With&#13;
journalism in particular we have nothing to do&#13;
here. But when we put aside the relief now&#13;
afforded by journalism we find things much in the&#13;
same condition as they were in the last century, or&#13;
even in many cases worse, since, if journalism now&#13;
exists, the patron does not exist. You have&#13;
perhaps some idea, but I think it very possible&#13;
that you have but little idea, of how much suffer-&#13;
ing and miserj' is going on among what are called&#13;
"people of letters" in the present day; how many&#13;
men there are'that are struggling, loafing about&#13;
the British Museum, and walking idly up and&#13;
down Fleet Street—men who might perhaps be&#13;
the Otways and Chattertons of the age if they had&#13;
a little more encouragement given to them. But&#13;
these people-—for again we must face the matter&#13;
not with sentimentality but with common-sense—&#13;
these men are divided into two great classes, the&#13;
helpable and the unhelpable. Permit me for a&#13;
moment to deal with the unhelpable.&#13;
In the last century the unhelpable was typically&#13;
exemplified by a certain Samuel Boyse, the author&#13;
of a poem on the Deity. Samuel Boyse seems to&#13;
have started in life with as many advantages as&#13;
ever befel a man of letters. The number of Earls&#13;
and Countesses that filed through bis career is&#13;
enough to make the modern unpatroned author&#13;
envious; but it was impossible for them to help&#13;
Boyse. His whole life was a long continuation of&#13;
his being picked up out of the gutter by some&#13;
noble patron, put on his legs, and seen to fall&#13;
again the moment he was left. He is the person&#13;
who spent six weeks in his bed with his arm thrust&#13;
through a blanket, because he had pawned every-&#13;
thing which he possessed in the world, and who,&#13;
when a subscription was made for him, spent the&#13;
first money that came in, still in bed, with his&#13;
hand still through the blanket, in a feast of truffles.&#13;
The same Samuel Boyse opened a subscription for&#13;
his poems, and, marvellous as it may seem, that&#13;
was responded to. As the contributions came in&#13;
they were, with slow regularity, expended upon a&#13;
delightful potation called "Twopenny" — hot&#13;
"Twopenny." Samuel Boyse had a commission&#13;
given to him by a publisher, to translate Fenelon&#13;
"On the Existence of the Deity," and he celebrated&#13;
that event by immediately marrying. There was&#13;
no help whatever for Samuel Boyse, and at last,&#13;
* "Grievances of Authors." Field and Tuer. 2s. (xl.&#13;
when he had gone through every possible phase of&#13;
beggary and misery, he died.&#13;
Do you suppose that there are no Samuel&#13;
Boyses nowadays? Pardon me for insisting that&#13;
there are. I will mention one instance which it is&#13;
impossible can wound anyone now, an instance of&#13;
a man who has been for some years past dead'&#13;
and who I believe was known, or known of, by&#13;
some of my friends on this platform. He was a&#13;
man who came up from one of the Universities&#13;
with some amount of knowledge, for he said he had&#13;
taken a First, although it must be confessed that&#13;
his name never could be found in the lists. This&#13;
man had the highest ambition to excel in literature,&#13;
yet all that he managed to make was 35*. a week&#13;
from the editor of a weekly paper, to keep himself&#13;
in board and lodging. Well, if this man had had&#13;
the slightest power of helping himself, there is no&#13;
doubt that he might have risen to better things;&#13;
but he was in a much worse position than Boyse,&#13;
for there was no interest taken in him by the&#13;
aristocracy, and no curiosity felt about his poems.&#13;
He was left to his unaided efforts. His unaided&#13;
efforts plunged him lower and lower in the&#13;
tide of things, till at last, at the office where he got&#13;
his only salary, a meerschaum pipe was missed&#13;
by the editor. There was some mystery about it&#13;
for a little while, when there came a letter from the&#13;
contributor, saying that the Rubicon was now&#13;
crossed, and that he wished to resign his position&#13;
on the paper; he enclosed a ticket from a pawn-&#13;
broker. After this unfortunate incident, he sank&#13;
lower and lower, till he hung all day about the&#13;
British Musuem. At last he became a super at a&#13;
theatre, and then he faded out altogether. Now,&#13;
those two persons, whom I take as types, belong to&#13;
the unhelpable class, with which we can do nothing.&#13;
What, then, of the helpable author? The&#13;
helpable author is not the fashionable novelist,&#13;
the fashionable essayist, the successful man who&#13;
has many other strings to his bow, who has a&#13;
salary here, who has private means there. No!&#13;
The person whom we wish, if possible, to do some-&#13;
thing to help is the half-successful writer, the&#13;
person who has a right to exist, and who yet&#13;
cannot force himself, or herself, strongly upon the&#13;
public. And there are two classes of the helpable&#13;
to whom I would specially draw attention. One&#13;
of those consists of women.&#13;
Here again I speak of the smaller, yet legitimately&#13;
successful, lady-writers. My own impression is&#13;
that most ladies of this class claim rather less than&#13;
more of what they have a right to; they have their&#13;
small circle of readers, a circle for whom they&#13;
prepare innocent and delightful recreation. They&#13;
have a right to be protected for the sake of these&#13;
readers, as well as for their own sake. They have&#13;
&#13;
&#13;
## p. 14 (#28) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
a right to demand that there should be some body,&#13;
some society, ready to see that they do not fall into&#13;
traps, that they.do not become the prey of sharpers,&#13;
and, in short, to protect their legitimate interests.&#13;
And there is, again, another class of the helpable;&#13;
that is the beginner, the new man of genius. I&#13;
know nothing that strikes one more in observing&#13;
literary life than the fact that the new man, the&#13;
man who comes forward with a book for the first&#13;
time, unless he is exceedingly lucky, makes a&#13;
mistake. He forms a disadvantageous bargain, he&#13;
does something or other which cripples him at the&#13;
outset, and this he has to wipe out and forget&#13;
before he can make a proper start. The beginner,&#13;
therefore, forms another class whom we desire, by&#13;
this Society, to have the privilege of protecting and&#13;
helping.&#13;
*&#13;
ON COMMITTEE.&#13;
DURING the present year, up to May the first,&#13;
forty-eight new members have joined the&#13;
Society. This is a very gratifying increase.&#13;
At the same time it cannot be denied that there are&#13;
a large number of persons engaged in the profession&#13;
of literature who look coldly on without joining the&#13;
Society, while we are working in their interests.&#13;
That our efforts have not been fruitless is shown by&#13;
many facts. For instance, before we began, every&#13;
publisher would have felt himself insulted at the&#13;
mere proposal to audit his accounts. No publisher&#13;
would now refuse. Again, while four or five years&#13;
ago authors were meekly accepting a ten per cent,&#13;
royalty, they are getting almost everywhere two-&#13;
pence in the shilling, which is a sixteen per cent,&#13;
royalty, and in some cases twenty and twenty-five&#13;
per cent, royalty. The influence of the Society is&#13;
also shown by the eagerness of certain houses to offer&#13;
guarantees of good faith. The policy of the&#13;
Committee has always been the same: to ascertain&#13;
carefully and to set forth the truth as to cost of pro-&#13;
duction, trade returns and profits, methods of pub&#13;
lication and what they mean—agreements and what&#13;
they mean—in short, to supply their members with&#13;
the means of ascertaining what it is that a prof-&#13;
fered agreement gives the author and what it&#13;
reserves to the publisher. To learn these things&#13;
has taken the Committee five years of unremitting&#13;
labour. Nor are they quite certain, yet, that they&#13;
have learned the whole truth. Those who looked&#13;
for a sudden revolution in the business relations of&#13;
literature, as well as those who looked for no prac-&#13;
tical results at all, are equally disappointed. The&#13;
Society, however, has pursued and is pursuing the&#13;
even tenor of its way.&#13;
The "Cost of Production" is out of print—&#13;
another edition, after correcting a few errors of no&#13;
great importance, will be issued as soon as it can&#13;
be got ready.&#13;
The Committeehave carefully considered theques-&#13;
tion of the proposed "leaflets," the result of these&#13;
deliberations being the appearance of "The Author."&#13;
The Chairman was fortunate enough to secure at&#13;
a second-hand book shop, Wilkie Collins's large&#13;
collection of tracts and papers connected with&#13;
International Copyright. He has presented them&#13;
to the Society.&#13;
A memorial has been drawn up addressed to the&#13;
First Lord of the Treasury on the subject of the&#13;
Civil Pensions List. Next month, perhaps, we&#13;
may have more to say on the subject.&#13;
At the beginning of last year the Chairman&#13;
addressed to the Guardian a series of letters on the&#13;
management of the Literary Department of the&#13;
Society for the Promotion of Christian Knowledge,&#13;
with no other apparent effect than to call forth a&#13;
good deal of private correspondence from authors&#13;
who have been in the hands of this Department.&#13;
Early this year he again addressed the Publication&#13;
Committee on a special case, with the expected&#13;
result. He has now written a pamphlet on the&#13;
whole question, which, together with the previous&#13;
correspondence, will be published immediately.&#13;
The points at issue are confidently left to the&#13;
decision of the public.&#13;
A case of extensive fraud—so extensive that the&#13;
man chiefly concerned is found to have a hundred&#13;
unpublished MSS. in his possession—was taken up&#13;
by the Committee, but broke down owing to the&#13;
refusal of the victims to give evidence! This is&#13;
an interesting illustration of the black ignorance&#13;
which prevails as to literary property. Not one of&#13;
these men or women, had he or she been robbed of&#13;
a watch, a purse, a mantle, or an umbrella, but&#13;
would have gone straight to the nearest magistrate&#13;
and gave evidence fearlessly. But it was only a&#13;
manuscript—only a thing which might have been&#13;
worth many thousand pounds! In such a case as&#13;
this, we can only hope to instruct the world and&#13;
gradually to create as great a jealousy over literary&#13;
property as prevails for every other kind.&#13;
In another case, however, when the victim was&#13;
willing and ready to come forward, we recovered&#13;
for him the money of which he had been plundered&#13;
and the unsold copies of his work.&#13;
A case was recently brought before us in which&#13;
a country newspaper had republished, without&#13;
permission, a paper from a magazine. We obtained&#13;
compensation for the author.&#13;
Mr. Sprigge's book on the "Methods of Publica-&#13;
tion," with the frauds, tricks, and dangers to which&#13;
the author is exposed in every one, is very nearly&#13;
ready. It will be issued as soon as possible.&#13;
&#13;
&#13;
## p. 15 (#29) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
15&#13;
A circular letter has been issued by the Copy-&#13;
right Committee addressed to colonial libraries and&#13;
booksellers asking for information on the sale of&#13;
pirated editions in the various colonies, and how&#13;
far such editions damage the sale of the authorised&#13;
English editions.&#13;
The draft of the Copyright Bill has been placed&#13;
in the hands of Mr. James Rolt, New Square,&#13;
Lincoln's Inn, for revision up to the date of the&#13;
latest legislation.&#13;
The question of copyright in pieces for recitation&#13;
has been brought before the Committee. It was&#13;
suggested that perhaps authors might not feel&#13;
themselves injured by a recitation which could not&#13;
fail to increase their popularity. It was decided to&#13;
ask the opinion of two gentlemen, well known pro-'&#13;
ducers of such pieces.&#13;
It was recently stated in a morning paper that&#13;
any person, author or not, may become a member&#13;
of this Society. The statement was publicly denied&#13;
by the Chairman. As, however, there existed no&#13;
bye-law on the subject, but only the practice of&#13;
the Committee, and the implied understanding&#13;
that members should be authors, three have been&#13;
passed, viz.:—&#13;
1. No one shall be eligible for membership or&#13;
fellowship of the Society who is not actually an&#13;
author of some published literary or artistic work.&#13;
2. Should anyone desire to consult the Society as&#13;
to literary work, without having as yet qualified for&#13;
membership, the Secretary may then and there—&#13;
reporting the case at the next Committee Meeting —&#13;
admit him as an Associate only, on payment of one&#13;
guinea, his privileges to consist only of the right to&#13;
ask advice from the office, this right to terminate&#13;
at the end of the current year. Such an Associate&#13;
can have no part in the administration.&#13;
3. Any donor of ten guineas shall be admitted&#13;
by the Secretary then and there, reporting the&#13;
case at the next Committee, to be an Honorary&#13;
Associate of the Society. Such Associate can take&#13;
no part in the administration.&#13;
*&#13;
LITERARY QUERIES.&#13;
I. Who Wrote This Ballad?&#13;
BOLD TURPIN upon Hounslow Heath&#13;
His black mare Bess bestrode,&#13;
When he saw a Bishop's coach and four&#13;
Sweeping along the road:&#13;
He bade the coachman stop, but he,&#13;
Suspecting of the job,&#13;
His horses lashed—but soon rolled off&#13;
With a brace of slugs in his nob.&#13;
Galloping to the carriage door,&#13;
He thrust his face within,&#13;
When the Chaplain cried—" Sure as eggs is eggs&#13;
That is the bold Turpin."&#13;
Quoth Turpin, "You shall eat your words&#13;
With sauce of leaden bullet:"&#13;
So clapped his pistol to his mouth,&#13;
And fired it down his gullet.&#13;
The Bishop fell upon his knees,&#13;
When Turpin bade him stand:&#13;
And gave him his watch, a bag of gold,&#13;
And six bright rings from his hand.&#13;
Rolling with laughter Turpin plucked&#13;
The Bishop's wig from his head,&#13;
And popp'd it on the Chaplain's poll&#13;
As he sat in the corner dead.&#13;
Upon the box he tied him then,&#13;
With the reins behind his back,&#13;
Put a pipe in his mouth, the whip in his hand,&#13;
And set off the horses smack!&#13;
Then whispered in the black mare's ear,&#13;
Who luckily wasn't fagg'd,&#13;
"You must gallop fast and far, my dear,&#13;
Or I shall be surely scragg'd."&#13;
He never drew bit, nor stopped to bait,&#13;
Nor walked up hill or down,&#13;
Until he came to Gloucester Gate,&#13;
Which is the Assizes town.&#13;
Full eighty miles in one dark night&#13;
He made his black mare fly,&#13;
And walk'd into court at nine o'clock,&#13;
To swear an alibi.&#13;
A hue and cry the Bishop raised,&#13;
And so did Sheriff Forster,&#13;
But stared to hear that Turpin was&#13;
By nine o'clock at Gloucester.&#13;
So all agreed it couldn't be him&#13;
Neither by hook nor crook:&#13;
And said that the Bishop and Chaplain was&#13;
Most certainly mistook.&#13;
*&#13;
AT WORK.&#13;
This column is reserved entirely for Members of the&#13;
Society, wlio are invited to keep tlie Editor&#13;
acquainted with their work and engagements.&#13;
PROFESSOR MAX MULLER is engaged in&#13;
preparing for the press his second volume&#13;
of Gifford Lectures, delivered last year at&#13;
Glasgow. The title will be Physical Religion. The&#13;
next courses, which will be delivered at Glasgow&#13;
in 1891 and 1892, will treat of Anthropological and&#13;
Psychological Religion.&#13;
Professor Max Muller's new edition of the "Rig-&#13;
Veda," with Sayana's Commentary, is progressing.&#13;
&#13;
&#13;
## p. 16 (#30) ##############################################&#13;
&#13;
i6&#13;
THE A UTHOR.&#13;
Two volumes of 800 pages 4to. are finished. The&#13;
third volume is passing through the press, and it is&#13;
hoped that the whole work, in four volumes, will be&#13;
ready for the ninth meeting of the International Con-&#13;
gress of Orientalists, to be held at Oxford in 1892.&#13;
Mr. Edmund Gosse will publish this month a&#13;
reprint of his early poems, under the title of " On&#13;
Viol and Flute" (Messrs. Kcgan Paul, Trench,&#13;
Triibner and Co.), with illustrations by Mr. Alma&#13;
Tadema and Mr. Hamo Thornycroft. The June&#13;
volume of the "Camelot Classics" will be the&#13;
Scandinavian portion of Mr. Gosse's "Northern&#13;
Studies," originally issued in 1879. Mr. Gosse is&#13;
also engaged on a collected edition of the poetical&#13;
works of Thomas Lovell Beddoes, founded on the&#13;
papers placed in his hands by the late Mr. Robert&#13;
Browning.&#13;
Mr. Alfred Austin is engaged upon a poem, in&#13;
form more or less like "Prince Lucifer," which will&#13;
exhibit the influence and operation of Pessimism&#13;
on a richly endowed nature. Messrs. Macmillan&#13;
will publish early in the autumn a collected edition&#13;
of his poetical works in six volumes.&#13;
The collected verses of Mr. Walter Herries&#13;
Pollock will shortly appear in one of the volumes&#13;
called the "Rosslyn Series" (Remington and Co.).&#13;
A story, entitled "A Blind Musician," adapted&#13;
from the Russian of Korolenko by Stepniak and&#13;
William Westall, has just been published by Ward&#13;
and Downey.&#13;
In the course of a few days the same publishers&#13;
will issue by the same author a collection of strange&#13;
crimes put into narrative form and told in tales.&#13;
Mr. James Payn's "The Burnt Million," 3 vols.,&#13;
has just been published by Messrs. Chatto and&#13;
Windus.&#13;
"London City." Those who appreciated Mr.&#13;
Loftie's " Kensington," will be glad to hear that he&#13;
has completed a similar work for the same publishers&#13;
—Messrs. Field and Tuer. It will be illustrated by&#13;
Mr. W. Luker, junior. The published price will&#13;
be 42J.; but subscribers who pay in advance can&#13;
have it for 2 if.&#13;
Mr. Stanley Little is engaged upon a novel&#13;
dealing with Sussex life and scenes. His new play&#13;
will probably see the light in the autumn.&#13;
Mr. Rudyard Kipling's "Plain Tales from the&#13;
Hills " will form one of the next volumes of Baron&#13;
Tauchnitz's Continental Series of English Authors.&#13;
Mr. Henry Hermann's "Scarlet Fortune" is to&#13;
be issued in shilling form by Messrs. Trischler and&#13;
Co. His "Eagle Joe" will shortly appear as a&#13;
special number of the Illustrated London News.&#13;
Mr. David Christie Murray has completed his&#13;
lecture engagements in Australia, and is now&#13;
lecturing in New Zealand.&#13;
Mr. G. G. Chisholm's "Handbook of Com-&#13;
mercial Geography" has recently been published&#13;
by Messrs. Longmans and Co. (515 pp., 29 maps,&#13;
and index, price \(ss.) This work is an attempt to&#13;
give interest to the leading facts of commerce by&#13;
setting forth the natural conditions that account for&#13;
the magnitude and direction of international com-&#13;
merce all over the globe. The work is divided&#13;
into two main sections, one dealing with com-&#13;
modities, the other with countries. There is also&#13;
a statistical appendix which shows by five years'&#13;
averages the absolute and relative amount of&#13;
foreign trade in the more important articles of the&#13;
chief commercial countries of the world.&#13;
Mrs. Alec Tweedie, author of "A Girl's Ride in&#13;
Iceland" (Griffith, Farran, and Co., 5*.), has pub-&#13;
lished (Kegan Paul, Trench, and Co., 2s. 6d.) a&#13;
little book on the "Oberammergau Passion Play."&#13;
It contains historical notes, an account of the&#13;
origin of Passion Plays, a full account of the Play&#13;
itself, and of the country (how to reach it, &amp;c),&#13;
with a chapter on Church Plays specially written for&#13;
this work by the Rev. Canon Shuttleworth.&#13;
Mr. John W. Lovell, of New York, has effected&#13;
a publishing combination which may prove of&#13;
great importance to English authors. Under the&#13;
system of unlicensed competition in the sale of&#13;
English books, which has been developing in the&#13;
United States for the past five years or more, the&#13;
works of popular English writers, and especially of&#13;
English novelists, have been reproduced in half a&#13;
dozen ditferent editions within a week of the&#13;
appearance of the authorised American edition.&#13;
This has resulted in a war of prices which has&#13;
left little or no profit out of which the recognised&#13;
editor can pay the English writer. At the same&#13;
time the quality of the books produced under this&#13;
suicidal system has grown steadily worse. Mr.&#13;
Lovell has purchased the plates and stock of no&#13;
less than twenty of the principal American firms&#13;
engaged in the business of issuing reprints of&#13;
English books. This reduction of twenty competing&#13;
houses to one will certainly tend to bring order&#13;
out of the chaos which has been so destructive&#13;
alike to the interests of the English author and the&#13;
American publisher. Mr. Lovell has a large&#13;
opportunity and should he, as there is reason to&#13;
hope, use it responsibly, the amalgamation of trade&#13;
interests which he has accomplished will be likely&#13;
to bring about beneficent results for English writers.&#13;
Mr. James Baker, F.R.G.S., has recently brought&#13;
out "By the Southern Sea, a Summer Idyll"&#13;
(Longmans, 6s.). The work has been well received,&#13;
not only here, but in America. The same author's&#13;
&#13;
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## p. 17 (#31) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
*7&#13;
"Papers on Forgotten Great Englishmen," which&#13;
appeared in the Leisure Hour, have had the effect&#13;
of reviving the memory of one Englishman at least,&#13;
who was for nearly fifty years a leader of the&#13;
Wyclyfites in Bohemia. The papers have been&#13;
translated into Czech, and will appear as a feuilleton&#13;
in the Silve Slivo, a Bohemian paper.&#13;
Mr. T. Bailey Saunders has in the Press "Coun-&#13;
sels and Maxims," being the second part of Arthur&#13;
Schopenhauser's "Aphorismen zur Leibesweis-&#13;
heit." It is to be uniform with his "Wisdom of&#13;
Life," the first part of the same work (Sonnenschein&#13;
and Co., 2s. 6d.). His translation of Schopen-&#13;
hauser's "Religious Dialogues, and other Essays,"&#13;
is going into a second edition.&#13;
The Rev. E. Gough has brought out (Kegan Paul,&#13;
and Co., price i6x. each volume) the third volume&#13;
of his work, entitled, "The Bible True from the&#13;
Beginning." He proposes to complete it in seven&#13;
volumes. The author writes, "The two chief&#13;
principles of the work are the following. First,&#13;
that there is in Scripture a system of grades and&#13;
grade words which proves the Bible to be verbally&#13;
inspired. Second, that far beyond what is usually&#13;
supposed, the histories contained in the Bible are&#13;
moral and not literal."&#13;
Mr. Rider Haggard's "Beatrice," now running, is&#13;
published by a syndicate of papers. The "World's&#13;
Desire," in which he has collaborated with Mr.&#13;
Andrew Lang, is running in the New Review.&#13;
The first quarter's collection of stories syndicated&#13;
for the Society has been sold for serial right—one&#13;
appearance only, after which each becomes again&#13;
the property of the owner—in Great Britain,&#13;
America, India, Australia, and New Zealand. The&#13;
Editor is now preparing the second quarter's col-&#13;
lection. Will members who desire to belong&#13;
kindly read the leaflet on "Syndicating " in this&#13;
number?&#13;
Mrs. Oliphant will next year contribute a novel&#13;
to the Sun. At present she is in the Holy Land,&#13;
and writes that the change of air and scenery has&#13;
greatly invigorated her.&#13;
Dr. George Macdonald has written the Christmas&#13;
Number for the Sunday Magazine.&#13;
Mr. W. F. Smith, Fellow and Lecturer of St.&#13;
John's College, Cambridge, has finished a new&#13;
translation of Rabelais. The text will be illustrated&#13;
by copious notes, giving among other things the&#13;
sources whence this great Master drew. A&#13;
limited edition only will be published, signed and&#13;
numbered. No cheaper edition will be produced.&#13;
The trade will not sell it at a lower than the&#13;
subscription price. The agent for the work is Mr.&#13;
A. P. Watt, 2, Paternoster Square.&#13;
The editor of Lippincott's Magazine has secured&#13;
Mr. Clarke Russell and Mr. Rudyard Kipling for&#13;
an early date.&#13;
The many admirers of "Owen Meredith " will&#13;
make a note that his "Ring of Amasis" has just&#13;
been published (Macmillan, 3*. 6d.).&#13;
Mr. Grant Allen has completed a new three-&#13;
volume novel.&#13;
Sir George Douglas is compiling the volume of&#13;
"Scottish Minor Poets" for the Canterbury Series.&#13;
Starting with Ramsay's publication of the "Tea&#13;
Table Miscellany" in the year 1724 (in which a few&#13;
original contributions were included), the collection&#13;
will comprise selections from Tannahill, Mother-&#13;
well, Lady Nairne, and a whole host of minor&#13;
writers, and will terminate probably with a specimen&#13;
of the song-writer's art by the late Dr. Charles&#13;
Mackay. The volume will be prefaced by a&#13;
critical and historical introduction, and will be&#13;
inscribed to the Lady John Scott, the foremost&#13;
living writer of Scottish Song.&#13;
The new weekly called Short Cuts begins with&#13;
a novel by Mr. George Sims. The conductors seem&#13;
to have secured as fine a collection of contributors&#13;
as can be found in the lists of any magazine in the&#13;
world. Presumably, taste in popular reading has&#13;
been developed as well as the number of readers.&#13;
Almost every writer of note seems included in the&#13;
list.&#13;
The Rev. Charles D. Bell, D.D., of Cheltenham,&#13;
has just published "A Winter on the Nile"&#13;
(Hodder and Stoughton, price 6d.), containing the&#13;
record of a tour up the Nile as far as the Second&#13;
Cataract, with a sojourn at Luxor and a description&#13;
of recent discoveries and antiquities at Bubastis&#13;
and the Fayoum. The same author has recently&#13;
issued " Reminiscences of a Boyhood in the Early&#13;
Part of the Century" (Sampson, Low, and Co.,&#13;
price bd.).&#13;
"Church and Creed" (William Blackwood and&#13;
Sons, price 4s. 6d.), by Professor Momerie, which&#13;
appeared in December last, has gone into a second&#13;
edition. His "Origin of Evil" is in its sixth edition,&#13;
and his "Agnosticism " in the third.&#13;
Mr. Edward Walford, his long connection with&#13;
Messrs. Hurst and Blackett being severed after&#13;
a period of twenty-seven years, has commenced a&#13;
new Peerage, called the "Royal Windsor Peerage,"&#13;
at a cost of one-third the price of Lodge. He has&#13;
added lists of an order of knighthood, that of St.&#13;
John of Jerusalem, of which the Queen has become&#13;
Patron and Head, and the Prince of Wales Grand&#13;
Prior.&#13;
&#13;
&#13;
## p. 18 (#32) ##############################################&#13;
&#13;
i8&#13;
THE AUTHOR.&#13;
Mr. Walford is also bringing out at, he requests&#13;
us to say, his own cost, a "Life of William Pitt," in&#13;
which he advances new and striking views of that&#13;
statesman.&#13;
The title of Mr. C. F. Keary's newly-published&#13;
novel is "A Mariage dc Convenance" (Fisher&#13;
Unwin, 2 vols., price 21s.).&#13;
Mr. McGrigor Allan, author of "Women's&#13;
Suffrage Wrong in Principle and Practice," has in&#13;
hand two treatises, one called "The Tobacco&#13;
Scourge," the other, "Advantages of a Channel&#13;
Tunnel to our Enemies.&#13;
A second edition is just ready of Mr. F. Howard&#13;
Collins's " Epitome of the Synthetic Philosophy"&#13;
(Williams and Norgate, 1 vol., 8vo, 15s.). The&#13;
work has been favourably received in America, and&#13;
has been translated at the present time into French,&#13;
German, and Russian.&#13;
Professor A. H. Church, F.R.S., has just issued&#13;
his "Chemistry of Paints and Painting" (Seeley&#13;
and Co., 8vo, pp. 312).&#13;
Mr. Geo. Williamson, editor of Boyne's "Seven-&#13;
teenth Century Tokens," has in hand a book on&#13;
"Coins of the Bible."&#13;
Mr. Egmont Hake's work, "Free Trade in&#13;
Capital," which has greatly interested the Emperor&#13;
of Germany, is being translated into German.&#13;
*&#13;
NOTES.&#13;
&#13;
HE date of the Annual Dinner has not yet&#13;
been fixed, but it will be held rather earlier&#13;
in the year than formerly.&#13;
Circulars will be sent out as soon as the date&#13;
has been definitely decided upon.&#13;
The Secretary earnestly begs that in all cases&#13;
where a member can do so, he will give notice at&#13;
the office early of his intention to be present.&#13;
Last year the dinner suffered from the fact that the&#13;
tables were over-crowded. As, however, one quarter&#13;
of those present signified their intention within the&#13;
last day or two, the discomfort, if any, was unavoid-&#13;
able.&#13;
The tickets for the dinner will be, as last year,&#13;
10s. 6d. This sum will include claret. Payment&#13;
should be made to "Society of Authors (Dinner&#13;
Account)," and all Cheques and Postal Orders&#13;
should be crossed, "Imperial Bank, Westminster&#13;
Branch." Much letter writing would be saved—a&#13;
serious consideration to an office whose clerical&#13;
staff is very small—if members would enclose the&#13;
money when ordering the tickets.&#13;
The Committee hope that as many members as&#13;
possibly can, will be present.&#13;
In all cases where an opinion is desired upon a&#13;
manuscript, the author should send with it a table&#13;
of contents and a type-written scenario. This latter&#13;
can always be done at the expense of two or three&#13;
shillings. It must be clearly understood that a prac-&#13;
tised reader does not require to read the whole of an&#13;
author's work before being perfectly able to give a&#13;
just opinion on its merits. If by the help of a&#13;
scenario the reader can grasp at once the story, he&#13;
is so much the more able readily to point out any&#13;
errors of construction, and to devote more time to&#13;
examination of style and other technical points.&#13;
If he know the author's design, it is possible to say&#13;
if he has succeeded or failed. With the honestest&#13;
intent in the world to thoroughly peruse a manu-&#13;
script, it is difficult not to get weary when the work&#13;
is badly written, and wrongly paged, and when much&#13;
time has to be idly spent in finding out what the&#13;
author's story is before a decision can be arrived&#13;
at concerning its merits. The more the reader&#13;
is helped, the better he can discharge his duties.&#13;
It has been brought to our notice that certain&#13;
people are advertising that they publish "on terms&#13;
approved by the Society of Authors," or words to&#13;
that effect.&#13;
It is pleasing to receive this acknowledgment&#13;
of our labours, but we are compelled to warn&#13;
readers that the Society is wholly unconnected&#13;
with any firm of publishers whatever.&#13;
NEW BOOKS AND NEW EDITIONS.&#13;
This list includes books by members published&#13;
since the beginning of the year. In future issues&#13;
the list will be monthly. If omissions are dis-&#13;
covered the Editor will be glad to receive them.&#13;
Religious.&#13;
Gough, Edward. The Bible true from the&#13;
Beginning. Vols. II and III. Kegan Paul,&#13;
Trench and Co. 165. each.&#13;
Harper, Henry A. The Bible and Modern&#13;
Discoveries. 8vo, pp. 536. A. P. Watt. ids.&#13;
Lightfoot (Late Bishop of Durham). The&#13;
Apostolic Fathers. Part II. 3 vols. Mac-&#13;
millan. 48.C&#13;
Art, Fiction, and Belles Lettres.&#13;
Allen, Grant. The Tents of Shem. A Novel.&#13;
Chatto and Windus. 6d. The Tents of Shem. 3 vols. Chatto and&#13;
Windus. 3if. 6d.&#13;
&#13;
&#13;
## p. 19 (#33) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
19&#13;
Besant, Walter. The Holy Rose. Chatto and&#13;
Windus. 6s.&#13;
Black, William. The New Prince Fortunatus.&#13;
3 vols. Sampson Low. 31J. 6d.&#13;
Blackmore, R. D. Kit and Kitty: A Story of&#13;
West Middlesex. 3 vols. Sampson Low.&#13;
3is. 6d.&#13;
Bramston, M. Apples of Sodom. A Novel.&#13;
2 vols. Smith and Innes. 12s.&#13;
Caird, Mona. The Wing of Azrael. 3 vols.&#13;
Triibner and Co. 3 if. 6d.&#13;
The Wing of Azrael. Kegan Paul and Triib-&#13;
ner and Co. 6s.&#13;
Cameron, Mrs. H. Lovett. The Cost of a Lie.&#13;
A Novel. 2nd Edition. F. V. White, is.&#13;
Crawford, F. Marion. Sant I'lario. New&#13;
Edition. Macmillan. 6,r.&#13;
Marzio's Crucifix. New Edition. Macmillan.&#13;
3*. 6d.&#13;
Zoroaster. Macmillan. 3^. 6d.&#13;
Coleman, John. The White Ladye of Rosemount:&#13;
A Story of the Modern Stage. Hutchinson.&#13;
2S.&#13;
Collins, Wilkie (The late). A Rogue's Life&#13;
from his Birth to his Marriage. Chatto and&#13;
Windus. 2s.; y. 6d.&#13;
Blind Love. A Novel. 3 vols. Chatto and&#13;
Windus. 315. 6d.&#13;
Croker, Mrs. Some One Else. Low. 2s.; 2s. 6d.&#13;
Crommelin, May. Cross Roads. 3 vols. Hurst&#13;
and Blackett.&#13;
Crommelin, May, and Brown, John Moray.&#13;
Violet Vyvian, M.F.H. A Novel. F. V.&#13;
White. 2s. 6d.&#13;
Desart, Earl of. The Little Chatelaine. 3 vols.&#13;
Swan Sonnenschein. 315. 6d.&#13;
Goodchili&gt;, J. A. A Fairy Godfather. Reming-&#13;
ton. 6s.&#13;
Hoey, Mrs. Cashel. The Question of Cain.&#13;
New and Revised Edition. Ward and Downey.&#13;
6*.&#13;
Kennard, Mrs. Edward. Landing a Prize. A&#13;
Novel. F. V. White. 2S. 6d.&#13;
Kipling, Rudyard. Departmental Ditties, and&#13;
other Verses. Thaclter and Co. Soldiers Three: Stories of Barrack Room&#13;
Life. Sampson Low.&#13;
Lang, Andrew. Old Friends. Longmans. 6s. 6d.&#13;
Lyall, Edna. The Hardy Norseman. New&#13;
Edition. Hurst and Blackett. 6s.&#13;
Lytton, Lord. The Ring of Amasis. Macmillan&#13;
and Co.&#13;
Mackay, Charles (The late). A Thousand and&#13;
One Gems of English Prose. New Edition.&#13;
Routledge. 3*. 6d.&#13;
Middlemore, S. C. C. The Great Age of Italian&#13;
Painting. Simpkin. 5*.&#13;
Mitford, Bertram. The Fire Trumpet. A&#13;
Romance of the Frontier. 3 vols. Spencer&#13;
Blackett. 315. 6d.&#13;
Monkhouse, Cosmo. The Earlier English Water&#13;
Colour Painters. Seeley. 21*.&#13;
Murray, D. Christie. John Vale's Guardian.&#13;
3 vols. Macmillan. 31J. 6d.&#13;
A Dangerous Catspaw. Longmans. 2s. 6d.&#13;
Aunt Rachel: A Rustic Sentimental Journey.&#13;
Macmillan. .3*. 6d.&#13;
Nomad. A Railway Foundling. 3 vols. Trischler&#13;
and Co.&#13;
Oliphant, Mrs. Lady Car: The Sequel of a&#13;
Life. New Edition. Longmans. 2s. 6d.&#13;
Payn, James. A Prince of the Blood. 4th&#13;
Edition. Ward and Downey. 2s.&#13;
■ The Burnt Million. 3 vols. Chatto and&#13;
Windus.&#13;
Praed, Mrs. Campbell. The Romance of a&#13;
Station. 2 vols. Trischler. 2ij-.&#13;
Price, Eleanor C. A Loyal Mind. A Novel.&#13;
Remington. 6s.&#13;
Ross, Ronald. The Child of Ocean. A&#13;
Romance. Remington. 6s.&#13;
Robinson, S. W. A Very Strange Family.&#13;
Heeneman.&#13;
Sala, G. A. Not a Friend in the World, and&#13;
other Stories. Dicks, is.&#13;
Speight, S. W. The Sandycroft Mystery. Chatto&#13;
and Windus. is.&#13;
Tytler, Sarah. Duchess Frances. 3 vols. Low.&#13;
21s.&#13;
Vredenburg, Edric. Her Secret: A Short&#13;
Account of Some Extraordinary Episodes in&#13;
the Life of a London Beauty. Eglington&#13;
and Co. is.&#13;
Wills, C. J. The Great Doremi. Wells Gard-&#13;
ner, is.&#13;
Winter, John Strange. Beautiful Jim of the&#13;
Blankshire Regiment. 5th Edition. F. V.&#13;
White. 2s.&#13;
Yonge, Charlotte M. Womankind. Smith&#13;
and Innes. 3*. 6d.&#13;
Politics and Questions of the Day.&#13;
Hake, A. Egmont and Wesslau, O. E. Free&#13;
Trade in Capital. Remington. 15^.&#13;
Linton, E. Lynn. About Ireland. Methuen.&#13;
is.&#13;
Children's Books.&#13;
Holland, Clive. Raymi; or, The Children of&#13;
the Sun. Illustrated by Percy E. Ebbutt.&#13;
Henry and Co. 5*.&#13;
&#13;
&#13;
## p. 20 (#34) ##############################################&#13;
&#13;
20&#13;
THE AUTHOR.&#13;
Lyall, Edna. Their Happiest Christmas.&#13;
Chambers, is.&#13;
Wilde, Oscar. The Happy Prince, and other&#13;
Tales. Nutt. 3s. 6d.&#13;
Local History.&#13;
Kitchen, G. W. Winchester (Historic Towns).&#13;
Longmans. 31. 6d.&#13;
Classics.&#13;
Lang, A. Theocritus, Bion, and Moschus. Ren-&#13;
dered into English Prose, with Introductory&#13;
Essay. Macmillan. gs.&#13;
MacKail, J. W. Virgil: the Eclogues and&#13;
Georgics. Translated from the Latin.&#13;
Rivingtons. 5s.&#13;
Stedman, A. M. M. Greek Vocabularies for&#13;
Repetition. Arranged according to Subjects.&#13;
Methuen. is. 6d.&#13;
Biography and History.&#13;
Bryce, James. The American Commonwealth.&#13;
2 vols. Macmillan. 25J.&#13;
Garnett, Richard. Life of John Milton.&#13;
(Great Writers.) Walter Scott. is.; l.p.&#13;
2s. 6d.&#13;
Govett, L. A. The King's Book of Sports.&#13;
Elliot Stock. 4s. 6d.&#13;
Haggard, H. Rider. Cetywayo and his White&#13;
Neighbours; or, Remarks on Recent Events&#13;
in Zululand, Natal, and the Transvaal.&#13;
Triibner. 6s.&#13;
Meiklejohn, J. (M.D.) A New History of Eng-&#13;
land and Great Britain. With Maps and&#13;
Tables. Holden (St. Andrew's) Simpkin.&#13;
2s. 6d.&#13;
Nicoll, W. Robertson. James Macdonnell,&#13;
Journalist. With Etched Portrait by H.&#13;
Manesse. Hodder and Stoughton. 1 is.&#13;
Poetry and the Drama.&#13;
Blind, Mathilde. The Ascent of Man. Poems.&#13;
Chatto and Windus. 5*.&#13;
Jerome, Jerome K. Stage Land. 5th Edition.&#13;
Chatto and Windus. 3.1. 6d.&#13;
Tennyson, Lord. Demeter, and other Poems.&#13;
Macmilian. 6s. Poems, Songs from. J. M. Dent and Co.&#13;
Gilt, is. 6d.; Six Illustrations, 2s. 6d.&#13;
Music.&#13;
Stanford, C. V., Prof. Suite for Violin Solo,&#13;
with Orchestral Accompaniments (Op. 32).&#13;
Full Score. Novello. 21*.&#13;
European Languages.&#13;
Stedman, A. M. M. French Vocabularies for&#13;
Repetition. Arranged according to Subjects.&#13;
Methuen. is.&#13;
Medical and Surgical.&#13;
Squire, Balmanno. On the Treatment of&#13;
Diabetes. Churchill. 2s. 6d.&#13;
Law and Parliamentary.&#13;
Lely, J. M., and Peck, W. A. Precedents of&#13;
I.eases for Years and other Contracts of&#13;
Tenancy. Sweet and Maxwell. 10s. 6d.&#13;
Pollock (Sir Frederick). Principles of Contract.&#13;
5th Edition. With a New Chapter. Stevens&#13;
and Sons. 285.&#13;
Philosophy.&#13;
Nevill, F. Retrogression or Development.&#13;
Kegan Paul, Trench and Co. 3s. 6d.&#13;
Directories and Guide Books.&#13;
Walford (Edward). The County Families of&#13;
the United Kingdom. New Edition. Chatto&#13;
and Windus. 505.&#13;
Literature and the Pension List. By W.&#13;
Morris Colles. (Henry Glaisher, 95, Strand,&#13;
VV.C.) 8vo. 4*. 6d.&#13;
Opinions of the Press.&#13;
"An instructive inquiry."—Daily News.&#13;
"Contains abundance of interesting material."—&#13;
Saturday Review.&#13;
"A review of the Pension List is not calculated&#13;
to make us more content with the way in which&#13;
the Grant is administered."—Spectator.&#13;
"The volume contains a complete list of all&#13;
those who have received Civil List Pensions during&#13;
the present reign, and an investigation into the&#13;
principles upon which the Grant has been based,&#13;
and those upon which it should have been based."&#13;
—Athena; urn.&#13;
"Full of curious literary interest."—Pali Mall&#13;
Gazette.&#13;
"Since it deals only with officially authenticated&#13;
facts, there can be no doubt about the evidence&#13;
on which its conclusions are based."— World.&#13;
"An interesting work."—Truth.&#13;
"The lesson it conveys is, that some alteration in&#13;
the law is essential."—Liverpool Daily Courier.&#13;
"One can only hope that the book, interesting&#13;
and trustworthy as it is, will effect its purpose."—&#13;
Yorkshire Daily Post.&#13;
&#13;
&#13;
## p. 21 (#35) ##############################################&#13;
&#13;
AD VER TISEMENTS.&#13;
21&#13;
CHATTO &amp; WINDUS, Publishers.&#13;
NOVELS BY WALTER BESANT AND JAMES RICE.&#13;
Crown ivo., cloth extra, 3/. 61/. each ; post 8ro., illustrated, boards, 2s. each ; cloth limp, 2s. 6d. each.&#13;
The Golden Butterfly.&#13;
The Monks of Thelema.&#13;
By Celia's Arbour.&#13;
The Chaplain of the Fleet.&#13;
Also a New Library Edition of the above 12 vols., printed from new type on a large crown 8vo. page, and handsomely&#13;
bound in cloth. Price 6s. each.&#13;
Ready-Money Mortiboy.&#13;
My Little Girl.&#13;
With Harp and Crown.&#13;
This Son of Vulcan.&#13;
The Seamy Side.&#13;
The Case of Mr. Lucraft, &amp;c.&#13;
'Twas in Trafalgar's Bay, &amp;c.&#13;
The Ten Years' Tenant, &amp;c.&#13;
NOVELS BY WALTER BESANT.&#13;
Crtnvn &amp;ro., cloth extra, p. 6rf. each ; post %vo., illustrated boards, 2.r. each; cloth limp, 2s. 6d. each.&#13;
All Sorts and Conditions of Men. Illustrated by Fred.&#13;
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The Captains' Room, &amp;c. With Frontispiece by E. J.&#13;
Whbelkr.&#13;
All in a Garden Fair. With 6 Illustrations by Harry&#13;
FlTRNISS.&#13;
Dorothy Forster. With Frontispiece by Charles Green.&#13;
Uncle Jack, and other Stories.&#13;
Children of Gibeon.&#13;
The World Went Very Well Then. Illustrated by&#13;
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Heir Paulus: his Rise, his Greatness, and his Fall.&#13;
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Fifty Years Ago. With 137 full-page Plates and Wood-&#13;
cuts. Demy 8vo., cloth extra, 16s.&#13;
The Eulogy of Richard Jefferies. With Photograph&#13;
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The Art of Fiction. Demy 8vo., is.&#13;
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Proxy," &amp;c. 3 Vols.&#13;
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Syrlin. By Ouida. 3 Vols., crown 8vo.&#13;
Without Love or Licence. By Hawley Smart. 3 Vols.&#13;
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The Man from Manchester. By Dick Donovan. With&#13;
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&#13;
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## p. 24 (#38) ##############################################&#13;
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24&#13;
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&#13;
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## p. 24 (#39) ##############################################&#13;
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AD VER TISEMENTS.&#13;
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&#13;
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## p. 24 (#40) ##############################################&#13;
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              <text>&lt;button class="toggle"&gt;The Author, pp. 1–3&lt;/button&gt;&#13;
&lt;div class="content"&gt;&#13;
&lt;p&gt;The Report of the Society of Authors for the year 1890 spoke of the great importance of keeping members more fully and more regularly supplied with information, not only on the work of the Executive Committee, but also on the various matters which concern the author in the safeguarding of his interests and the preservation of his property. The simplest method of effecting this, it was thought, would be to hold frequent meetings for the purpose of conference and discussion. As, however, a large number of our members live in the country, we could seldom hope to obtain a really representative gathering, and the discussions would have a tendency to drop into the hands of a few, and so be robbed of half their value. It is also to be considered that no discussions can have any real value which are not founded on knowledge of the facts. Now, the ordinary member knows little of the facts. It was, therefore, then thought that occasional leaflets might be issued conveying the facts. To this plan, however, there appeared many obstacles. First, leaflets are tossed aside and lost; then, even if they are read and preserved, there is no place for discussion, for questions, or for suggestions. The private member of the Society would feel that he was taking no real part in its management and government. If he thought the committee was moving too slowly in the right, too quickly in the wrong, direction – there would be no opportunity for saying so, except by writing a letter to the Secretary, to be by him laid before the Committee.&lt;/p&gt;&#13;
&lt;p&gt;Considering the question from its many points of view, it has seemed most desirable to have our own organ for our own purposes.&lt;/p&gt;&#13;
&lt;p&gt;&lt;i&gt;The Author&lt;/i&gt; is therefore founded to be the organ of literary men and women of all kinds – the one paper which will fully review, discuss, and ventilate all questions connected with the profession of literature in all its branches. It will be the medium by which the Committee of our Society will inform its members generally of their doings, and it will become a public record of transactions conducted in the interests of literature, which have hitherto been secret, lost, and hidden for the want of such an organ.&lt;/p&gt;&#13;
&lt;p&gt;The chief aim of the Society – this has been advanced again and again – is to promote the recognition of the fact, hitherto most imperfectly understood, that literary property is as real a thing as property in every other kind of business: that it should be safeguarded in the same manner, and regarded with the same jealousy.&lt;/p&gt;&#13;
&lt;p&gt;Hitherto the mere existence of literary property even in the face of such patent facts as the enrichment of publishers, has been carefully concealed and even denied. Risks of publishing, costs of publishing, have been dangled before the eyes of authors, so that they should regard the subject as one of extreme peril and pure speculation. One can never even now read a leading article about publishing without being solemnly assured that the trade is one in which frightful risks are constantly run, and that the success of any book is pure speculation.&lt;/p&gt;&#13;
&lt;p&gt;Now, as a matter of act, there is very little speculation indeed in publishing, and there are very, very few publishers – only the leading houses – who ever run any risks at all, either by buying books or by bringing out books at a risk. Risks are run when a House starts a magazine, or when it embarks on illustrated editions of an expensive kind, or when educational books are published. The ordinary risk run in the production of books is, as a rule, next to nothing. For, first, the author is seldom paid except by results; next, the author, when a house consents to "take the risk," is, for the most part, one who commands a certain sale. With the smaller houses books about which there is the slightest risk are always paid for by the authors in advance, either wholly or in part. And very, very seldomn indeed, do the ill-advised authors who advance their money ever see it back again.&lt;/p&gt;&#13;
&lt;p&gt;Again, as to the actual cost of production. By carefully keeping this a profound secret, interested persons have succeeded in establishing a kind of &lt;i&gt;taboo&lt;/i&gt;, as of some holy, sacred thing which must not be so much as touched. We have, however, thoroughly investigated the whole question, and are now in a position to throw complete light upon the cost of producing any kind of book that can be named, in any type and in any form.&lt;/p&gt;&#13;
&lt;p&gt;This is a very important step. Its importance cannot be over-estimated. &lt;i&gt;It enables the author, for the very first time in the history of literature, to know what it is he is asked to concede to the publisher, and what it is he reserves for himself.&lt;/i&gt;&lt;/p&gt;&#13;
&lt;p&gt;We have also done more: we have collected together a vast amount of information as to publishers' agreements: especially as to what, in reality, is the meaning of the clauses contained in them: we have ascertained what it is they ask the author to surrender and for what consideration. And we have acquired a knowledge of various frauds, made possible by the terms of these agreements, in the different methods of publishing.&lt;/p&gt;&#13;
&lt;p&gt;This knowledge is so beneficial to the author that its existence ought to be widely spread and made known to every person who is engaged in the production of literature of any kind.&lt;/p&gt;&#13;
&lt;p&gt;Again, the Society is constantly engaged in answering questions connected with every branch of literature and its practice. Many of these questions are answered by letter over and over again, taking up a great deal of the Secretary's time. They would be answered more effectively in a journal.&lt;/p&gt;&#13;
&lt;p&gt;It follows from these clauses that we may have a good deal to say about the seamy side of the publishing trade.&lt;/p&gt;&#13;
&lt;p&gt;It must, however, be borne in mind very carefully that the Society has not and never has had, any quarrel with honourable publishers. It has always asked for one thing only – &lt;i&gt;just and honest treatment, fair and open agreements, and honourable observance of those agreements.&lt;/i&gt;&lt;/p&gt;&#13;
&lt;p&gt;It has therefore been determined to establish this journal as an organ for the especial use of the Society. At first we shall bring out &lt;i&gt;The Author&lt;/i&gt; on the fifteenth of every month. The journal will contain papers, notes, letters, questions, and information on all subjects connected with literature and its profession.&lt;/p&gt;&#13;
&lt;p&gt;The members of the Society will be kept informed of all that part of our work which is not confidential. Among other features of novelty and interest will be an account in each number of some one case that has been brought before the Society – of course without the names. The consideration of these cases will, we are certain, show the world the absolute necessity for some such organisation as our own, though the widespread ignorance which we have unfolded was hardly guessed by our founders at our first institution. Each number will also contain an article or leaflet on some topic belonging to our own interests. There will be notes on the various branches of our work. Our columns will be open to suggestions, letters, and questions.&lt;/p&gt;&#13;
&lt;p&gt;We shall send out this journal to all our members as their own organ. We shall continue it for one year at least.&lt;/p&gt;&#13;
&lt;p&gt;We shall be very glad to hear from members who may be willing to assist us by original contributions, which should be short, and on some subject belonging to our special field, which is the &lt;i&gt;safeguarding of literary property for the producer of literature.&lt;/i&gt;&lt;/p&gt;&#13;
&lt;p&gt;Members are invited to send in notices of the books which they are about to produce, and copies of their books when they appear. It is intended to give a short notice of the purpose and contents of these works when this is possible. In the case of fiction a very brief account, &lt;i&gt;but not a review&lt;/i&gt;, will be attempted.&lt;/p&gt;&#13;
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              <text>Vol. 1.—No. 2.)&#13;
JUNE 16, 1890&#13;
[Price, Sixpence.&#13;
The Author.&#13;
THE ORGAN OF THE SOCIETY OF AUTHORS&#13;
(INCORPORATED).&#13;
CONDUCTED BY&#13;
WALTER BESANT.&#13;
Published for the Society be&#13;
ALEXANDER P. WATT, 2, PATERNOSTER SQUARE&#13;
LONDON, E.C.&#13;
1890.&#13;
&#13;
&#13;
## p. 24 (#42) ##############################################&#13;
&#13;
The Society of Authors (Incorporated).&#13;
PRESIDENT.&#13;
The RIGHT HON. THE LORD TENNYSON, D.C.L.&#13;
SIR EDWIN ARNOLD, K.C.S.I.&#13;
ROBERT BATEMAN.&#13;
Walter BESANT.&#13;
Rev. PROF. BONNEY, F.R.S.&#13;
J. COMYNS CARR.&#13;
EDWARD CLODD.&#13;
THE EARL OF DESART.&#13;
A. W. DUBOURG.&#13;
PROF. MICHAEL FOSTER, F.R.S.&#13;
HERBERT GARDNER, M.P.&#13;
RICHARD GARNETT, LL.D.&#13;
EDMUND GOSSE,&#13;
H. RIDER HAGGARD.&#13;
THOMAS HARDY.&#13;
PROF. E. RAY LANKESTER, F.R.S.&#13;
COUNCIL.&#13;
Rev. W. J. LOFTIË, F.S.A.&#13;
George MEREDITH.&#13;
HERMAN C. MERIVALE.&#13;
J. C. PARKINSON."&#13;
THE EARL OF PEMBROKE AND MONTGOMERY&#13;
SIR FREDERICK POLLOCK, Bart., LL.D.&#13;
WALTER HERRIES POLLOCK.&#13;
A. G. Ross.&#13;
George AUGUSTUS SALA.&#13;
W. BAPTISTE' Scoones.&#13;
J. J. STEVENSON.&#13;
JAS. SULLY.&#13;
William MoY THOMAS.&#13;
H. D. Traill, D.C.L.&#13;
Hon. Counsel-E. M. UNDERDOWN, Q.C.&#13;
Auditor—Rev. C. H. MIDDLETON-WAKE, F.L.S.&#13;
COMMITTEE OF MANAGEMENT.&#13;
Chairman-Walter BESANT.&#13;
1. H. Rider HAGGARD.&#13;
I J. M. Lely.&#13;
ROBERT BATEMAN.&#13;
EDMUND Gosse.&#13;
SIR FREDERICK POLLOCK.&#13;
A. G. Ross.&#13;
Solicitors.&#13;
Messrs. Field, Roscoe, &amp; Co., Lincoln's Inn Fields.&#13;
Secretary-S. SQUIRE SPRIGGE.&#13;
OFFICES.&#13;
4, PORTUGAL STREET, LINCOLN'S INN FIELDS, W.C.&#13;
&#13;
&#13;
## p. 24 (#43) ##############################################&#13;
&#13;
(The Organ of the Incorporated Society of Authors. Monthly.)&#13;
CONDUCTED BY WALTER BESANT.&#13;
Vol. I.—No. 2.]&#13;
JUNE 16, 1890.&#13;
[Price Sixpence.&#13;
CONTENTS.&#13;
News and Notes&#13;
"Thou shah not Steal," by Wilkie Collins&#13;
The Troubles of a Beginner&#13;
"Cursed Coincidences"&#13;
The Exchange of Books&#13;
Leaflet No". II.—On Royalties&#13;
Royal Literary Fund&#13;
A Hard Case, No. II&#13;
PACE&#13;
... 35&#13;
... 31&#13;
- 35&#13;
... 37&#13;
- 37&#13;
... 38&#13;
- 39&#13;
... 41&#13;
The Chestnut Bell&#13;
"The Art of Authorship" ...&#13;
Notes&#13;
Literary Puzzles&#13;
Questions, Cases, and Answers&#13;
At Work&#13;
New Books and New Editions&#13;
Advertisements&#13;
**AOE&#13;
. . 42&#13;
... 44&#13;
... 47&#13;
... 49&#13;
... 50&#13;
... 52&#13;
... 54&#13;
... 56&#13;
NEWS AND NOTES.&#13;
AMONG other suggestions received from&#13;
readers some have been sent anony-&#13;
mously. I thought it was unnecessary to&#13;
warn correspondents that no notice can be taken&#13;
of unsigned communications. As, however, the&#13;
warning has to be made, I hope that this note will&#13;
be sufficient.&#13;
It was stated in our last number that we proposed&#13;
inviting the First Lord of the Treasury to receive&#13;
a deputation on the Administration of the Civil&#13;
List Pension. A memorial was prepared and&#13;
sent with the letter. The following is the reply of&#13;
the Right Hon. W. H. Smith. The memorial will&#13;
be published in our next number with a lew obser-&#13;
vations on the whole subject in general and on Mr.&#13;
Smith's letter in especial:—&#13;
Downing Street,&#13;
June 6th, 1890.&#13;
Dear Sir,&#13;
Mr. W. H. Smith desires me to acknowledge&#13;
the receipt of your letter of the 24th ult., forward-&#13;
ing a memorial in regard to the Administration of&#13;
the Civil List Pension Fund, and requesting him&#13;
to receive a deputation on the subject.&#13;
Mr. Smith has carefully read the statements&#13;
and suggestions placed before him, and he need&#13;
not say that he would be glad to receive such a&#13;
vol. 1.&#13;
deputation if any useful purpose could be served&#13;
thereby; but he fears that there is some misappre-&#13;
hension as to the power of the First Lord of the&#13;
Treasury in regard to the Fund.&#13;
The administration is governed strictly by Act&#13;
of Parliament, and the intervention of the First&#13;
Lord is limited to that discretion which must in&#13;
such cases finally rest with some one responsible&#13;
minister; his decisions, although not subject to the&#13;
review of Parliament, are by Act yearly brought&#13;
under the cognisance of both Houses and of the&#13;
public, by the annual return of all pensions granted&#13;
within the year.&#13;
To make such changes as the memorial suggests&#13;
would necessitate a new Act of Parliament, and&#13;
Mr. Smith does not think that there has been any&#13;
such expression of dissatisfaction either in the&#13;
House or outside of it as would justify the&#13;
proposal, while on the other hand, he fears that&#13;
Parliament would be very unlikely to agree to an&#13;
increase of the sum annually set apart for the&#13;
Pension List.&#13;
Mr. Smith must also point out that the figures&#13;
in the memorial, accepting them as fairly correct,&#13;
show that the practical administration of the&#13;
Fund is almost identical with the distribution&#13;
proposed by the Societies, namely, one-third to&#13;
the services rendered to the Sovereign and under&#13;
the Crown, and two-thirds to the representatives&#13;
of Science, Literature, and Art.&#13;
With this explanation, and looking also to the&#13;
extreme pressure of engagements on his time,&#13;
c&#13;
&#13;
&#13;
## p. 24 (#44) ##############################################&#13;
&#13;
Zhe Society of Hutbors (Jncorporateb),&#13;
PRESIDENT.&#13;
The Right Hon. the LORD TENNYSON, D.C.L.&#13;
COUNCIL.&#13;
Rev. W. J. Loftie, F.S.A.&#13;
George Meredith.&#13;
Herman C. Merivale.&#13;
T. C. Parkinson.&#13;
The Earl of Pembroke and Montgomery&#13;
Sir Frederick Pollock, Bart., LL.D.&#13;
Walter Herries Pollock.&#13;
A. G. Ross.&#13;
George Augustus Sala.&#13;
W. Baptiste' Scoones.&#13;
J. J. Stevenson.&#13;
Jas. Sully.&#13;
William Moy Thomas.&#13;
H. D. Traill, D.C.L.&#13;
Bon. Con/isei—'E. M. Underdown, Q.C.&#13;
Auditor—Ret. C. H. Middleton-Wake, F.L.S.&#13;
COMMITTEE OF MANAGEMENT.&#13;
Chairman—Walter Besani&#13;
Robert Batbman. H. Rider Haggard.&#13;
Edmund Gosse. J. M. Lely.&#13;
Solicitors.&#13;
Messrs. Field, Roscoe. &amp; Co., Lincoln's Inn Fields.&#13;
Secretary—S. Squire Sprigge.&#13;
OFFICES.&#13;
4, Portugal Street, Lincoln's Inn Fields, W.C.&#13;
Sir Edwin Arnold, K.C.S.I.&#13;
Robert Bateman.&#13;
Walter Besant.&#13;
Rev. Prof. Bonney, F.R.S.&#13;
J. Comyns Carr.&#13;
Edward Clodd.&#13;
The Earl of Desart.&#13;
A. W. Dubourg.&#13;
Prof. Michael Foster, F.R.S.&#13;
Herbert Gardner, M. P.&#13;
Richard Garnett, LL.D.&#13;
Edmund Gosse.&#13;
H. Rider Haggard.&#13;
Thomas Hardy.&#13;
Prof. E. Ray Lankester, F.R.S.&#13;
Sir Frederick Pollock.&#13;
A. G. Ross.&#13;
&#13;
&#13;
## p. 25 (#45) ##############################################&#13;
&#13;
(The Organ of the Incorporated Society of Authors. Monthly)&#13;
CONDUCTED BY WALTER BESANT.&#13;
Vol. I.—No. 2.]&#13;
JUNE 16, 1890.&#13;
[Price Sixpence.&#13;
CONTENTS.&#13;
News and Notes&#13;
"Thou shall not Steal," by Wilkie Collins&#13;
The Troubles of a Beginner&#13;
"Cursed Coincidences"&#13;
The Exchange of Books&#13;
Leaflet No~ II.—On Royalties&#13;
Royal Literary Fund&#13;
AHardCase.No.il&#13;
I ACE&#13;
... 25&#13;
... 31&#13;
••■ 35&#13;
... 37&#13;
■•• 37&#13;
... 38&#13;
... 39&#13;
... 41&#13;
The Chestnut Bell&#13;
"The Art of Authorship" ...&#13;
Notes&#13;
Literary Puzzles&#13;
Questions, Cases, and Answers&#13;
At Work&#13;
New Books and New Editions&#13;
Advertisements&#13;
PAGE&#13;
• • 42&#13;
... 44&#13;
... 47&#13;
... 49&#13;
... 50&#13;
... 52&#13;
••■ 54&#13;
... 56&#13;
A copy of this paper will be sent free to any member of the&#13;
Society for one twelvemonth. It is hoped, however, that most&#13;
members will subscribe to the paper. The yearly subscription is&#13;
6s. 6d. including postage, to be sent to the Society, 4, Portugal&#13;
Street, W.C.&#13;
111C XVIglJl HUH. »». 11. OllllLU. inv. uuuuuu. .....&#13;
be published in our next number with a few obser-&#13;
vations on the whole subject in general and on Mr.&#13;
Smith's letter in especial:—&#13;
Downing Street,&#13;
June 6th, 1890.&#13;
Dear Sir,&#13;
Mr. W. H. Smith desires me to acknowledge&#13;
the receipt of your letter of the 24th ult., forward-&#13;
ing a memorial in regard to the Administration of&#13;
the Civil List Pension Fund, and requesting him&#13;
to receive a deputation on the subject.&#13;
Mr. Smith has carefully read the statements&#13;
and suggestions placed before him, and he need&#13;
not say that he would be glad to receive such a&#13;
vol. 1.&#13;
nOUSC Or UUIS1UC VI 11 tu mmu jUu...;&#13;
proposal, while on the other hand, he fears that&#13;
Parliament would be very unlikely to agree to an&#13;
increase of the sum annually set apart for the&#13;
Pension List.&#13;
Mr. Smith must also point out that the figures&#13;
in the memorial, accepting them as fairly correct,&#13;
show that the practical administration of the&#13;
Fund is almost identical with the distribution&#13;
proposed by the Societies, namely, one-third to&#13;
the services rendered to the Sovereign and under&#13;
the Crown, and two-thirds to the representatives&#13;
of Science, Literature, and Art.&#13;
With this explanation, and looking also to the&#13;
extreme pressure of engagements on his time,&#13;
&#13;
&#13;
## p. 26 (#46) ##############################################&#13;
&#13;
26&#13;
THE AUTHOR.&#13;
Mr. Smith hopes that the gentlemen represented&#13;
in the memorial will not feel it necessary to seek&#13;
for a personal interview.&#13;
I remain, Dear Sir,&#13;
Yours faithfully,&#13;
S. S. Sprigge, Esq. C. Maude.&#13;
It is pleasant to find that one's efforts are&#13;
appreciated by all the persons concerned. I am&#13;
therefore glad to report that The Author has&#13;
received a cordial welcome from the Publisher's&#13;
Circular. It has also received the kind of criticism&#13;
which somewhat cools the cordiality. Let us re-&#13;
peat, therefore, one point on which we have always&#13;
insisted and which those who profess to write in&#13;
the trade interest always try to evade or else boldly&#13;
deny, viz., that there is very little speculation or&#13;
risk in modern publishing. However, since the&#13;
Publisher's Circular declares that the Society has&#13;
their "most hearty sympathy" in asking for "just&#13;
and honest treatment, fair and open agreements,&#13;
and honourable observance of those agreements,"&#13;
we will not find fault with these criticisms, and&#13;
we shall look for the practical co-operation of the&#13;
Publisher's Circular, especially in our determination&#13;
to show authors what, in their agreements, they&#13;
concede to publishers and what they keep to them-&#13;
selves.&#13;
I am happy to report that The Author has met&#13;
with a very satisfactory reception from all quarters.&#13;
The "literary ladies " met at dinner on the 30th&#13;
of May at the Criterion. The chair was occupied&#13;
by Mrs. L. T. Meade, who was supported by Miss&#13;
Mabel Collins, Mrs. Pennell, Miss Corkran, and&#13;
Mrs. Grahame R. Tomson. Letters of apology&#13;
for non-attendance were read from Lady Colin&#13;
Campbell, Miss Jessie Fothergill, Mrs. Crawford,&#13;
Miss Sarah Tytler, and Mrs. Leith Adams. Let us&#13;
hope that a pleasant evening was the result. We&#13;
shall be very glad to see the literary ladies side by&#13;
side with the literary men at our own dinner next&#13;
month. And I, for one, have no doubt as to which&#13;
will prove the pleasanter function. Literature, like&#13;
the world itself, is of both sexes, and therefore&#13;
happiest when fully represented.&#13;
The fusion of the two old publishing firms of&#13;
Longman and Rivington, or rather the absorption&#13;
of the latter by the former, destroys one of the few&#13;
remaining old publishing firms. The history of&#13;
Literature in all ages is that of the publication&#13;
of new works, if only for the simple reason&#13;
that authors must work to live, and that if men&#13;
are not forced to work they will for the most part&#13;
produce nothing. The history of Literature in the&#13;
eighteenth century is very closely bound up with the&#13;
two houses of Longman and Rivington. If it were&#13;
written, which never has been done, we should learn&#13;
howtheliterary public—the people who read and look&#13;
for new books, and buy them—gradually increased&#13;
during this century, until by its close publishing&#13;
was no longer a speculative and uncertain business&#13;
conducted in ignorance by persons who had small&#13;
means of judging the state of the market, who&#13;
bought MSS. for so many guineas apiece, losing&#13;
largely by one work, and doing pretty well by&#13;
another. By the end of the eighteenth century the&#13;
reign of the Book Clubs had already well set in;&#13;
these were literary centres in provincial towns, such&#13;
as Norwich and Birmingham; the clergy were&#13;
scholars and students; a publisher knew where he&#13;
could "place" a certain number of every good&#13;
book; and a great change had come over the&#13;
whole art and mystery of publishing books. Prac-&#13;
tically, "Risk," that good old Bogey whose demise&#13;
is still so persistently denied, had already vanished.&#13;
♦&#13;
There appeared lately in the New York Tribune&#13;
a communication signed by the well-known letters,&#13;
G. W. S., which, beginning with the relations of&#13;
bookseller to publisher, passed on to the questions&#13;
in which we ourselves are mainly interested. It is&#13;
this portion of the letter which we reproduce, sup-&#13;
pressing the name referred to, as it has nothing to&#13;
do with the argument.&#13;
"It is A. B. who, among others, makes himself&#13;
responsible for the statement that it is rapidly&#13;
becoming impossible for a bookseller, pure and&#13;
simple, dealing in current literature, to make a living&#13;
profit from his business. No doubt A. B. is right,&#13;
if the publisher's view of what constitutes a 'living&#13;
profit' is to prevail. A. B. is a partner in a very&#13;
eminent publishing house, and anything he says&#13;
on the publishing or selling of books deserves&#13;
attention. He has written a long letter about&#13;
bookselling to a trade organ, and expresses some&#13;
sympathy with the booksellers in their present&#13;
difficulties. Before we proceed with that, might&#13;
I suggest to A. B. that some of his sympathies&#13;
might be bestowed on another person concerned&#13;
in the book business, the author? If the figures&#13;
I have given above are correct, the seller of books,&#13;
even in his present wretched estate, makes a profit&#13;
of 30 per cent. Will A. B. be so kind as to tell&#13;
us in what proportion the profits on a successful&#13;
book are distributed between author and publisher?&#13;
Does the author make a ' living profit' on what&#13;
is commonly the only capital he possesses, his&#13;
&#13;
&#13;
## p. 27 (#47) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
27&#13;
brains? Let us take an imaginary case. We will&#13;
suppose that an eminent firm publishes a book,&#13;
say, of reminiscences in two handsome volumes at&#13;
$7.50, and that, notwithstanding the high price,&#13;
the public buys four editions of it. That, surely,&#13;
is a successful book, and one that ought to pay&#13;
everybody concerned a living profit, and perhaps&#13;
something more. Does A. B. think he could find&#13;
out what share of the proceeds the author received&#13;
and how much the publisher kept for himself, and,&#13;
if he could, will he let us know?&#13;
"A private transaction? Oh, no, A. B., that is&#13;
one of several mistakes into which you publishers&#13;
occasionally fall. It is a matter of very considerable&#13;
public interest. It concerns the community deeply&#13;
that literature should be encouraged, and should&#13;
be profitable to the producer of it. The patron on&#13;
whom the author once in some measure depended&#13;
has disappeared. The publisher has taken his&#13;
place. He is, or ought to be, the Maecenas of the&#13;
nineteenth century. But if Johnson were living&#13;
now, do you think he would soften the terrible&#13;
lines which he wrote under the sting of Lord&#13;
Chesterfield's neglect?&#13;
'There mark what ills the scholar's life assail,—&#13;
Toil, envy, want, the patron and the jail.'&#13;
"To substitute publisher for patron would spoil&#13;
the metre. Would it much affect the sense?&#13;
The publisher is a man of business, the author is&#13;
not, or seldom is. Do you think publishers have&#13;
always borne that in mind? They have drawn&#13;
their own contracts. Have the interests of the&#13;
author or of the publisher been most carefully&#13;
considered in those printed forms, filled up ac-&#13;
cording to circumstances which are presented to&#13;
the author, all unacquainted as he is with affairs,&#13;
for him to sign?&#13;
"Do not imagine, my dear A. B., that I address&#13;
these questions to you because I mean to imply&#13;
that you personally do not conduct your business&#13;
on the most honourable principles. I am per-&#13;
suaded that you do. But I apprehend you would&#13;
admit, or perhaps even assert, that among your&#13;
many rivals in the business of publishing books&#13;
are to be found some whose treatment of authors is&#13;
less considerate than your own. I will not say, and&#13;
perhaps you would not, that any of them are dis-&#13;
honest. I prefer to use a word which was a&#13;
favourite with Matthew Arnold, and to suggest&#13;
that in their dealings with the authors on whose&#13;
productions their own prosperity depends, some&#13;
of them are sometimes indelicate. You would not,&#13;
I think, refuse to go as far as that. You would&#13;
say, no doubt, there are publishers and publishers,&#13;
and that not every firm is so scrupulous in its trans-&#13;
actions or so high-minded as your own.&#13;
"If they were, how would you explain, for ex-&#13;
ample, the existence of the Incorporated Society of&#13;
Authors, and what construction would you put&#13;
upon some of its recent proceedings? Some of&#13;
the most respected and popular authors of the&#13;
day are members of that Society. They have&#13;
an executive committee, and that committee&#13;
go so far as to declare that there are firms&#13;
of so-called publishers which exist solely by&#13;
robbery and cheating. Surely you, and all other&#13;
publishers of high character and repute, must&#13;
desire to dissociate yourselves as widely as possible&#13;
from the scoundrels who profess to carry on the&#13;
same business that you do. You would agree with&#13;
the committee, would you not, in their urgent re-&#13;
commendation that authors should send their&#13;
agreements with publishers for examination by the&#13;
Society before signing? If there were clauses in&#13;
those agreements injurious to the author, he would&#13;
be warned not to sign. If there were none, no&#13;
harm would be done. You would heartily dis-&#13;
approve, I am sure, every attempt to induce an&#13;
unwary writer to bind himself not to publish in&#13;
future with any other house than that which was&#13;
then to issue a particular book—an attempt which&#13;
Mr. Besant calls monstrous and indecent. You&#13;
would, if the Society called upon you for advice,&#13;
strike out that agreed statement of the cost of&#13;
production which the less delicate publisher some-&#13;
times inserts; and is sometimes careless enough&#13;
to exaggerate. You would not justify for a&#13;
moment the refusal of a publisher to submit his&#13;
books to examination, in order that his statement&#13;
of the expenses of publication, of the number of&#13;
copies printed and sold, and other such interesting&#13;
and vital particulars, might undergo an indepen-&#13;
dent audit. You will rejoice in the appearance of&#13;
that little treatise on 'The Cost of Production,'&#13;
and that other now preparing on 'The Different&#13;
Methods of Publishing'; including, I think, the&#13;
Half-Profit System, and probably pointing out the&#13;
method by which the indelicate publisher charges&#13;
the author full price for advertisements which cost&#13;
the publishers nothing, and omits to deduct the&#13;
discount he obtains on the nominal prices of paper,&#13;
printing and other important items. Mr. Besant,&#13;
less scrupulous in his choice of words than our&#13;
lamented friend Arnold, talks of frauds. You&#13;
would join him in exposing and repressing and&#13;
preventing them. In short, you and the Incor-&#13;
porated Society of Authors have so many aims&#13;
and interests in common that you will perhaps&#13;
permit me to wonder that you are not already a&#13;
member of it. For the one person to whom it is&#13;
of the utmost consequence that the business of&#13;
publishing should be freed from all stains and all&#13;
suspicion is the publisher."&#13;
vol.. 1.&#13;
c 2&#13;
&#13;
&#13;
## p. 28 (#48) ##############################################&#13;
&#13;
28&#13;
THE A UTHOR.&#13;
The death of Mr. Fletcher Harper, the senior of the&#13;
second generation of the brothers, removes another&#13;
of the American firm which first began to recognize&#13;
the right of English authors. Perhaps the child&#13;
is already born in the United States who will,&#13;
before he finally droops his snow-white head, see&#13;
a tardy justice sullenly granted. But we must not&#13;
hold out illusive hopes. The great American&#13;
public from whom are taken the members of&#13;
Congress are not exactly composed of gentlemen,&#13;
nor are they in their public, any more than their&#13;
private acts, guided by the delicate sense of honour&#13;
for which we ourselves still try to retain a traditional&#13;
reverence. In fact we are too apt to suppose that&#13;
the cultivated, well-bred American cousin we meet&#13;
here is a specimen—perhaps a little favourable—&#13;
of the ordinary citizen of that big Republic which&#13;
will perhaps some day be great as well as big.&#13;
The attitude taken by the American editors and&#13;
authors alike on the Copyright Question is every-&#13;
thing that can be desired, or, indeed, expected of a&#13;
body of gentlemen. It must not be thought, there-&#13;
fore, that in publishing Wilkie Collins's views we&#13;
are in the least reflecting upon our American con-&#13;
jrlres. One of them writes, "The Copyright Bill&#13;
was defeated by ignorance misled by greed, but we&#13;
hope to retrieve our reputation soon. Everybody&#13;
is hard at work to this end." Wilkie Collins says&#13;
nothing so severe.&#13;
Here is a practical suggestion. Some time ago&#13;
we poor English had to pay, justly or unjustly,&#13;
^3,000,000 for the Alabama claims. The claims&#13;
did not amount to half that money. Suppose the&#13;
Government of the U.S.A. were to hand over the&#13;
difference to British authors. The moral effect in&#13;
the States of such an act of reparation would be&#13;
enormous, while its material effect in this country&#13;
would be, to say the least, extremely beneficial to a&#13;
hard-working and deserving set of men and women.&#13;
This is what Mr. Lowell says :—" I have had too&#13;
long experience of the providential thickness of&#13;
the human skull, as well as of the eventual success&#13;
of all reasonable reforms, to be discouraged by the&#13;
temporary defeat of any measure which I believe&#13;
to be sound. I am too old to be persuaded by any&#13;
appearances, however specious, that truth has lost or&#13;
can lose that divine quality which gives her immortal&#13;
advantage over error. Foreign right to property in&#13;
books stands precisely on the same footing as Ameri-&#13;
can home right, and the moral wrong of stealing&#13;
either is equally great. But literary property is at&#13;
a disadvantage, because, as the appropriation is not&#13;
open, gross, and palpable, it is not regarded as&#13;
wrongful. It touches the public conscience more&#13;
faintly. In ordinary cases it is the thief, but in&#13;
this case the thing stolen, that is invisible. To&#13;
steal is no doubt more immediately profitable than&#13;
acquisition by the more tedious methods of honesty,&#13;
but it is nevertheless apt to prove costlier in the&#13;
long run. How costly our own experiments in&#13;
larceny have been, only those know who have&#13;
studied the rise and progress of our literature,&#13;
which has been forced to grow as virtue is said to&#13;
do, in spite of weight laid upon it. But, even if&#13;
this particular form of dishonesty against which we&#13;
are contending, were always and everywhere com-&#13;
mercially profitable, I think the American people&#13;
are so honest that they may be made to see that&#13;
profit which is allowed to be legitimate by us alone&#13;
among all civilised nations, profit, too, which goes&#13;
wholly into the pockets of a few unscrupulous men,&#13;
must have something queer about it, something&#13;
which even a country so rich as ours cannot afford.&#13;
I have lived to see more than one successful appeal&#13;
from the unreason of the people's representatives to&#13;
the reason of the people themselves. I am there-&#13;
fore not to be tired with waiting. It is wearisome&#13;
to ourselves and to others to go on repeating&#13;
arguments which we have been using these forty&#13;
years, and which to us seem so self-evident, but&#13;
I think it is true that no reformer has ever gained&#13;
his end who has not first made himself an intoler-&#13;
able bore to the vast majority of his kind."&#13;
Out of the fine chorus of indignation which has&#13;
ascended from the better class of American papers&#13;
unto the heavens like incense, and, like that fragrant&#13;
smoke, probably of small practical use, I extract&#13;
the following from "America," a Chicago paper of&#13;
great promise.&#13;
"The International Copyright Bill has been&#13;
slaughtered in the House by protectionists after&#13;
almost all the authors' interests in it had been&#13;
sacrificed to the manufacturers and mechanics in&#13;
order to get protectionist votes for the bill. There&#13;
was very little protection for authors in the bill,&#13;
and a great deal of protection for publishers and&#13;
paper-makers and type-setters, and then the bill&#13;
was knifed by the statesmen who have great respect&#13;
for manual labourers, who are numerous on election&#13;
day, and none for authors, whose vote is not a&#13;
political factor. We Americans look well, do we&#13;
not, rejecting an International Copyright Law for&#13;
fear that it would make books dear; that is, after&#13;
paying for the paper and the type-setting, we flatly&#13;
refuse to pay anything additional for the author.&#13;
Our statesmen oppose the bill because they want&#13;
cheap books for the people. By all means then,&#13;
let us steal the books as well as the learning, or the&#13;
imagination contained therein. Let us repeal the&#13;
law against horse stealing, and we may all ride.&#13;
&#13;
&#13;
## p. 29 (#49) ##############################################&#13;
&#13;
THE A UTHOR.&#13;
29&#13;
This objection to the International Copyright Bill,&#13;
that under it book purchasers would have to pay the&#13;
foreign author of the book something, is the most&#13;
shameful proposition I have happened to hear in&#13;
Congress. The interest of the American author&#13;
is perfectly plain; if the American publisher can&#13;
get English copy for nothing, he will be propor-&#13;
tionately unwilling to buy a copy of an American&#13;
author. The Congress that proposes to pass the&#13;
McKinley bill for the additional protection of&#13;
American manual labour, refuses to pass the In-&#13;
ternational Copyright Bill for the protection of&#13;
American intellectual labour. It is easy to see&#13;
what kind of labour we value most highly."&#13;
How it strikes the American author, again, is set&#13;
forth by Mr. J. D. Gilden, in "The Critic."&#13;
Says Pirate A. to Victim B. :—&#13;
"You've got no reason to complain;&#13;
Just see how popular you be;&#13;
Your books is read from Tex. to Maine.&#13;
"Were not the foreign stuff ' free grat.'&#13;
I'd buy some native fellow's wares;&#13;
Just paste that 'memo.' in your hat,&#13;
And don't go puttin' on such airs."&#13;
"Aye, true enough my books are read,—&#13;
No doubt your imprint makes them sell;&#13;
But if on air I must be fed,&#13;
Why won't that fare serve you as well?&#13;
"Henceforth we both will write for fame,—&#13;
I write, you publish, free of charge;&#13;
Whatever type proclaims my name,&#13;
Yours shall be printed just as large.&#13;
"Should profits by some chance accrue,&#13;
Deed them forthwith to charity:&#13;
I'm rich, of course; and as for you,&#13;
What's wealth to popularity?"&#13;
How the present question struck Wilkie Collins&#13;
is pretty well known. The paper printed in this&#13;
number by him was recovered by accident, and is&#13;
here published by permission of his literary executor.&#13;
Mr. Edwin Waugh, the poet, is dead. With him&#13;
dies a pension on the Civil List. It has been pro-&#13;
posed to the First Lord of the Treasury that he&#13;
should transfer this pension to Mr. Ben. Brierly,&#13;
the well-known Lancashire writer. Mr. W. H.&#13;
Smith cannot transfer a pension which dies with its&#13;
recipient. He will, however, consider Mr. Brierly's&#13;
claims.&#13;
The centenary dinner of the Royal Literary Fund&#13;
took place on May 14th, the Prince of Wales being&#13;
in the chair. This venerable Society was founded,&#13;
and still exists, for the purpose of granting doles&#13;
to distressed authors. It administers a good deal&#13;
of money in this way every year. It is sad that&#13;
there should be distressed literary men and it is&#13;
very good indeed that there should be a fund for&#13;
their relief. The Prince of Wales, in an excellent&#13;
speech, dwelt largely on the precarious nature of&#13;
the literary calling. The occupation of the literary&#13;
man, he said, is uncertain; his remuneration is&#13;
not high. There is no flow of promotion for literary-&#13;
men. All this is true indeed; it is said every year&#13;
at the dinner; never once has it been asked by the&#13;
Council of this Society why this remuneration of&#13;
the literary man is so small—why his calling is so&#13;
uncertain. Well: it is small and uncertain because&#13;
there is no rule arrived at as to the share which he&#13;
should justly take in the proceeds of his own labours.&#13;
When that rule is airived at and put into practice&#13;
the labours of the Royal Literary Fund will be con-&#13;
fined to the relief of the distressed incompetent.&#13;
It may be asked why our Society does not at once&#13;
lay down this Golden Rule; well, there are two&#13;
reasons, of which the first should be enough, viz.,&#13;
(1) that the Society has not yet arrived at the Golden&#13;
Rule, though it is getting nearer, and (2) that there&#13;
is no use in laying it down until public opinion is&#13;
riper. It is a rule well known in legislation that&#13;
to make laws before the people are ready for them,&#13;
unless you can carry them out in spite of popular&#13;
resistance and apathy, is not good government.&#13;
Let us go on a little longer teaching people the&#13;
reality of literary property and its sacredness. Let&#13;
us go on a little longer hammering into the heads of&#13;
authors their folly and madness in signing agree-&#13;
ments by which they ignorantly give themselves&#13;
away and go into slavery. We shall then have a&#13;
better chance with our Golden Rule.&#13;
♦&#13;
Mr. John Morley, who always speaks" well on&#13;
literature, made a very curious slip the other day.&#13;
He stated that there are not fifty or even twenty&#13;
men and women who live by authorship. Why, by&#13;
the writing of novels alone there are at least fifty&#13;
who make over a thousand a year, let alone a vast&#13;
number, especially ladies, who live on incomes of&#13;
a hundred or two made by authorship. As for this&#13;
great mass we may find at an early opportunity some-&#13;
thing profitable as well as interesting to say about&#13;
them and their incomes and their methods of work.&#13;
I have written a small pamphlet for the Publi-&#13;
cation Committee of the Society for the Promotion&#13;
&#13;
&#13;
## p. 30 (#50) ##############################################&#13;
&#13;
3°&#13;
THE AUTHOR.&#13;
of Christian Knowledge. My intention has been&#13;
to point out to this body, first, certain elementary&#13;
laws which govern literary property and its ad-&#13;
ministration, &amp;c, and next, to set forth certain&#13;
cases which illustrate their own administration of&#13;
the literary property in their hand. Lastly, I have&#13;
invited them to draw their own conclusions for&#13;
themselves as to their own methods. There is no&#13;
desire to make any money by this pamphlet—■&#13;
which is published by Mr. Henry Glaisher in the&#13;
Strand—and if any member of this Society would&#13;
like a copy I will send him one on the simple con-&#13;
dition that he undertakes to read it and to pass it&#13;
on to some person interested in the Society for the&#13;
Promotion of Christian Knowledge.&#13;
The following explains itself. The ingenious&#13;
Rand, M'Nally and Company, of Chicago and&#13;
New York, have added a new terror to literary men.&#13;
Not only do they steal their works but they alter&#13;
and mutilate and ruin them. The idea will doubt-&#13;
less be copied and widely adopted in Pirate-land.&#13;
In a few years, probably, there will be two Rider&#13;
Haggards in the field, one of Great Britain and the&#13;
other of that other country, totally unlike each&#13;
other and of literary reputation entirely different.&#13;
Let us have patience.&#13;
"Gentlemen, June $rd, 1890.&#13;
"A pirated edition of my novel ' Beatrice' has&#13;
been forwarded to me, bearing your names as its&#13;
publishers. I find, on lookng through it, that the&#13;
book has been hacked and hewed till it bears&#13;
about as much resemblance to the work which left&#13;
my hand as an oaked felled and barked does to the&#13;
same tree in leaf.&#13;
"Thus, to take one or two examples among&#13;
many which offer:—Chapter 18 has been reduced&#13;
to little more than three pages, and from chapters&#13;
25 and 26 some 16 pages have been omitted bodily.&#13;
Nor is this all; another chapter has been mis-&#13;
named, and in one place, at least, your editor, or,&#13;
judging from the style, perhaps I should hazard, your&#13;
compositor, has tried his hand at improving my text&#13;
—has printed under my name words which I never&#13;
wrote. In short, the story is turned into a string&#13;
of disjointed situations, its life, spirit, and meaning&#13;
are gone, all of which is done without warning to&#13;
the reader, and, I need hardly add, without reference&#13;
to the author.&#13;
"At first I believed that these evils must have&#13;
been wrought maliciously, perhaps to save expense&#13;
in the printer's bill, but reflection shows me that it&#13;
cannot be. Of course, when the Legislature of your&#13;
country, alone among those of civilized nations,&#13;
has hoisted the black flag, not merely by tolerating&#13;
an established custom but publicly and after full&#13;
debate—thereby declaring the labour of foreign&#13;
writers to be the spoil of any who wish to profit by&#13;
it—it would be Quixotic of you to refuse to sail&#13;
beneath that flag. But I feel convinced that your&#13;
native courtesy and kindness would prevent you&#13;
knowingly from treating an author as I have been&#13;
treated in this instance. You would remember&#13;
that in America almost the only good left to an&#13;
English writer is his chance of a literary reputation,&#13;
and this, at least, you would strive to protect in&#13;
every way as some small return for the amusement&#13;
he affords your readers and the money which he&#13;
earns for you. Certainly, therefore, you would not&#13;
send his work willingly from your press in such a&#13;
questionable shape, and thus expose him to the&#13;
contempt of critics and the wonder of your reading&#13;
public.&#13;
"This being so, I have to ask, I am sure not in&#13;
vain, that for the sake of your own fair name, as&#13;
much as for the sake of mine, you will withdraw&#13;
from circulation the pages of printed matter which&#13;
are being passed off, no doubt unwittingly, by you&#13;
among the American public as a reprint of my&#13;
novel 'Beatrice,' and that you will give this letter&#13;
of repudiation every publicity in your power.&#13;
Awaiting the favour of a reply,&#13;
"I am, gentlemen, your obedient servant,&#13;
"H. Rider Haggard.&#13;
"To Messrs. Rand, M'Nally, &amp;■&gt; Co., Publishers,&#13;
"Chicago and New York."&#13;
Coincidences (see p. 37) are interesting. Here&#13;
is one sent me by a correspondent from the North.&#13;
The editor of a certain paper lately received the&#13;
scenario of a story submitted tor his approbation.&#13;
He liked it, and commissioned the author to write&#13;
it for him. The day after he received the same&#13;
story, that is, the same plot and the same set of&#13;
characters distributed in the same way, from another&#13;
correspondent writing from a different part of&#13;
England. Therefore one of two things. Either&#13;
two minds were at the same moment pursuing the&#13;
same imaginary series of events, or two minds were&#13;
at the same time cribbing from the same source.&#13;
One would like to read the scenario. Perhaps it&#13;
was only a commonplace plot such as one may read&#13;
in any penny novelette. There is another ex-&#13;
planation possible. One lady at least there is&#13;
among us who adds to her income by the sale of&#13;
plots for stories. There may be more than one&#13;
plot inventor among us, and he—or she—may have&#13;
sold the same plot twice over, a thing which has&#13;
happened once or twice in the buying and selling&#13;
of sermons.&#13;
The Editor.&#13;
&#13;
&#13;
## p. 31 (#51) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
3i&#13;
"THOU SHALT NOT STEAL:"&#13;
Considerations on the Copyright Question.&#13;
Addressed to an American friend by&#13;
WILKIE COLLINS.&#13;
YOU were taking leave of me the other day,&#13;
Colonel, when I received from the United&#13;
States a copy of a pirated edition of one&#13;
of my books. I threw it into the waste-paper&#13;
basket with an expression of opinion which a little&#13;
startled you. As we shook hands at parting, you&#13;
said, "When you are cool, my friend, I should like&#13;
to be made acquainted with your sentiments on&#13;
the copyright question." I am cool now, and here&#13;
are my sentiments.&#13;
I shall ask permission to begin by looking back&#13;
to the early history of your own family. The fact&#13;
is, that I wish to interest you personally in the&#13;
otherwise unattractive subject on which I am about&#13;
to write.&#13;
I.&#13;
At the beginning of the seventeenth century,&#13;
one of your ancestors, voyaging with the illustrious&#13;
Hendrick Hudson, got leave of absence from the&#13;
ship and took a walk on Manhattan Island, in the&#13;
days before the Dutch settlement. He was pos-&#13;
sessed, as I have heard you say, of great ability in&#13;
the mechanical arts. Among the articles of per-&#13;
sonal property which he had about him was a&#13;
handsome watch, made by himself, and containing&#13;
special improvements of his own invention.&#13;
The good man sat down to rest and look about&#13;
him at a pleasant and pastoral spot—now occu-&#13;
pied, it may be interesting to you to know, by a&#13;
publishing house in the city of New York. Having&#13;
thoroughly enjoyed the cool breeze and the bright&#13;
view, he took out his watch to see how the time&#13;
was passing. At the same moment, an Iroquois&#13;
chief—whose name has, I regret to say, escaped&#13;
my memory— passed that way, accompanied by a&#13;
suitable train of followers. He observed the hand-&#13;
some watch; snatched it out of the stranger's&#13;
hand; and, then and there, put it into the Indian&#13;
substitute for a pocket—the name of which, after&#13;
repeated efforts, I find myself unable to spell.&#13;
Your ancestor, a man of exemplary presence&#13;
of mind, counted the number of the chiefs fol-&#13;
lowers; perceived that resistance on his single&#13;
part would be a wilful casting away of his own&#13;
valuable life; and wisely decided on trying the&#13;
effect of calm remonstrance.&#13;
"Why do you take my watch away from me,&#13;
sir?" he asked.&#13;
The Indian answered with dignity, "Because I&#13;
want it."&#13;
"May I ask why you want it?"&#13;
The Indian checked off his reasons on his fin-&#13;
gers. "First, because I am not able to make such&#13;
a watch as yours. Secondly, because your watch is&#13;
an article likely to be sufficiently popular among&#13;
the Indians to be worth . . Thirdly, because the&#13;
popularity of the watch will enable me to sell it&#13;
with considerable advantage to myself. Is my&#13;
white brother satisfied?"&#13;
Your ancestor said that he was not satisfied.&#13;
"The thing you have taken from me," he said, "is&#13;
the product of my own invention and my own&#13;
handiwork. It is my watch."&#13;
The Indian touched his substitute for a pocket.&#13;
"Pardon me," he replied, "it is mine."&#13;
Your ancestor began to lose his temper; he&#13;
reiterated his assertion. "I say my watch is my&#13;
lawful property."&#13;
The noble savage reasoned with him. "Possibly&#13;
your watch is protected in your country," he said.&#13;
"It is not protected in mine."&#13;
"And therefore you steal it?"&#13;
"And therefore I steal it."&#13;
"On what moral grounds, sir, can you defend&#13;
an act of theft?"&#13;
The chief smiled. "I defend it on practical&#13;
grounds. There is no watch-right treaty, sir, be-&#13;
tween my country and yours."&#13;
"And on that account you are not ashamed to&#13;
steal my watch?"&#13;
"On that account I am not ashamed to steal&#13;
your watch. Good morning!"&#13;
The prototypes of modern persons have existed&#13;
in past ages. The Indian chief was the first&#13;
American publisher. Your ancestor was the parent&#13;
of the whole European family of modern authors.&#13;
II.&#13;
You and I, Colonel, are resolved to look this&#13;
copyright question fairly in the face. Suppose we&#13;
look at it from the historical point of view to begin&#13;
with. The Dutch emigrants settled on Manhattan&#13;
Island about two hundred and fifty years ago.&#13;
They might have pirated the Island on the ground&#13;
that it was not protected by treaty. But they were&#13;
loth to commit an act of theft; they asked the&#13;
Indians to mention their price. The Indians men-&#13;
tioned twenty-four dollars. The noble Dutchmen&#13;
paid, and a very good price, too, for a bit of un-&#13;
cultivated ground, with permission to move your&#13;
"Wigwam" to the neighbouring Continent.&#13;
In due course of time arose the Dutch City of&#13;
New Amsterdam. Civilization made its appear-&#13;
ance on Manhattan Island; and with civilization&#13;
&#13;
&#13;
## p. 32 (#52) ##############################################&#13;
&#13;
32&#13;
THE AUTHOR.&#13;
came Law. Acting as the agent of Justice, Law-&#13;
protected property. In those days of moral im-&#13;
provement, if an Indian stole a Dutchman's watch,&#13;
he committed an offence, and he was punished ac-&#13;
cordingly—for, observe, a watch was now property.&#13;
Later dates brought their changes with them.&#13;
The English forced themselves into the Dutch-&#13;
men's places. New Amsterdam became New&#13;
York. As time went on, a foolish English King,&#13;
and a tyrannical Government were deservedly&#13;
beaten on a trial of strength with the descendants&#13;
of the first English settlers. The Republic of the&#13;
United States started on its great career. With&#13;
peace came the arts of peace. The American&#13;
author rose benignly on the national horizon.&#13;
And what did the American Government do?&#13;
The American Government, having all other&#13;
property duly protected, bethought itself of the&#13;
claims of Literature; and, looking towards old&#13;
Europe, saw that the work of a man's brains, pro-&#13;
duced in the form of a book, had been at last&#13;
recognised as that man's property. by the Law.&#13;
Congress followed this civilised example, and re-&#13;
cognised and protected the published work of an&#13;
American citizen as that citizen's property.&#13;
Having thus provided for the literary interests&#13;
of its own people within its own geographical&#13;
limits, Congress definitely turned its back on all&#13;
further copyright proceedings in the Old World.&#13;
After a certain lapse of time, the three greatest&#13;
nations on the Continent of Europe, France, Ger-&#13;
many, and Italy, agreed with England that an act&#13;
of justice to Literature still remained to be done.&#13;
Treaties of international copyright were accord-&#13;
ingly exchanged between these States. An author's&#13;
right of property in his work was thus recognised&#13;
in other countries than his own. It was legally&#13;
forbidden to a foreign bookseller to republish his&#13;
work for foreign circulation without his permission;&#13;
for the plain and unanswerable reason that his&#13;
work belonged, in the first place, to him and to no&#13;
other person.&#13;
With this honourable example set before it by&#13;
other Governments, what has the United States&#13;
done? Nothing! To this day it refuses to the&#13;
literary property of other people the protection&#13;
which it gives to the literary property of its own&#13;
people. To this day the President and Congress&#13;
of America remain content to contemplate the&#13;
habitual perpetration, by American citizens, of the&#13;
act of theft.&#13;
III.&#13;
Having now done with our historical survey—in&#13;
plainer words, having now got our facts—we may&#13;
conveniently confront the grave question :—Why&#13;
does the Government of the United States refuse&#13;
to foreign writers the copyright in their works&#13;
which it concedes to the works of its own&#13;
citizens?&#13;
Colonel, when honest men perceive an act of&#13;
justice to be done, and determine really to do it,&#13;
there are never any insuperable difficulties in the&#13;
way. On the plain merits of the case—work that&#13;
if you please, you will see why—there are no more&#13;
difficulties in the way of international copyright&#13;
between England and America than between&#13;
England and France, England and Germany,&#13;
England and Italy. The cases run on parallel&#13;
lines; the necessity of foreign translation, in the&#13;
European case, being an accidental circumstance&#13;
which adds to the expense of publishing the book,&#13;
and nothing more. My work is republished in&#13;
America in English, and republished in French.&#13;
Whatever difference there may be in the language&#13;
of the republication, the fact of the republication&#13;
remains the same fact in both instances.&#13;
1 am very careful to put this plainly; there must&#13;
be some clear ground to stand on before I can&#13;
attempt to clear away the extraordinary accumu-&#13;
lation of delusions under which the unfortunate&#13;
question of copyright has been suffering in recent&#13;
years. If you see any difficulty in accepting my&#13;
statement of the case thus far, let us revert to first&#13;
principles, and ask ourselves—What is the object&#13;
to be obtained by the thing called International&#13;
Copyright?&#13;
In answering this question I will put it person-&#13;
ally for the greater facility of illustration. The&#13;
object of International Copyright is to give me, by&#13;
law (on considerations with which it is possible for&#13;
me to comply), the same right of control over my&#13;
book in a foreign country, which the law gives me&#13;
in my own country.&#13;
In Europe, this is exactly what we have done.&#13;
When I publish my book in London, I enter it&#13;
at Stationers' Hall, and register it as my property—&#13;
and my book is mine in Great Britain. When I&#13;
publish my book in Paris, I register it by the per-&#13;
formance of similar formalities—and again my book&#13;
is mine in France. In both cases my publisher&#13;
(English or French) is chosen at my own free will.&#13;
His position towards me is the position of a person&#13;
who takes the business of publishing and registering&#13;
off my hands, in consideration of a bargain pre-&#13;
viously made between us—the essence of which&#13;
bargain is, that the book is my property, and that&#13;
my written permission is necessary before he can&#13;
obtain his right to publish the book, and his ex-&#13;
clusive claim (for a greater or lesser period of time)&#13;
to the privilege of selling it. Why can I not do&#13;
the same thing in the free Republic of the United&#13;
States?&#13;
&#13;
&#13;
## p. 33 (#53) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
do&#13;
IV.&#13;
Here the Colonel lays down my letter for a&#13;
while, and looks bewildered.&#13;
"The copyright difficulty, as stated by Mr.&#13;
Wilkie Collins," he says, "appears to be no diffi-&#13;
culty at all. What am I to think of the multitu-&#13;
dinous objections from the American point of view,&#13;
raised in leading articles, pamphlets, speeches, and&#13;
so forth?" My good friend, a word in your ear.&#13;
The American objections (I say it with all due&#13;
respect for the objections) are, one and all, Ameri-&#13;
can delusions. The main object of this letter is,&#13;
if possible, to blow these delusions away. I&#13;
promise not to be long about it, and to keep my&#13;
temper—though I have lost some thousands of&#13;
pounds by American pirates.&#13;
Let us begin with the delusion—the most extra-&#13;
ordinary in the whole list—that the American&#13;
people have something to do with the question of&#13;
International Copyright.&#13;
An American citizen sees a reprinted English&#13;
book in a shop window, or has it pitched into his&#13;
lap by a boy in a railway train, or hears from a&#13;
friend that it is well worth reading. He buys the&#13;
book, and reads it—and, as I can gratefully testify&#13;
from my own personal experience, he feels, in the&#13;
great majority of cases, a sincere respect for litera-&#13;
ture and a hearty gratitude to the writer who has&#13;
instructed or interested him, which is one among&#13;
the many honourable distinctions of the national&#13;
character. When he has done all this, what in&#13;
Heaven's name has author, publisher, orator, or&#13;
leading-article writer any further right to expect&#13;
from him? When I have paid for my place at&#13;
the theatre, and added my little tribute of applause&#13;
in honour of the play and the actors, have I not&#13;
done my duty as one of the audience? Am I&#13;
expected to insist on knowing whether the author's&#13;
rights have been honestly recognised by the mana-&#13;
ger, and the players' salaries regularly paid without&#13;
reductions once a week? It is simply ridiculous&#13;
to mention the American people in connection&#13;
with the settlement of the copyright question.&#13;
The entire responsibility of honourably settling the&#13;
question in my country rests with the Legislature.&#13;
In the United States the President and Congress&#13;
are the guardians and representatives of American&#13;
honour. It is they, and not the people, who are&#13;
to blame for the state which book-stealing has set&#13;
on the American name.&#13;
Ixt us get on to another delusion which has&#13;
amused us in England.&#13;
We are gravely informed that the United States&#13;
is the paradise of cheap literature, and that In-&#13;
ternational Copyright would raise the price of&#13;
American books to the inordinately high level of&#13;
the English market. Our circulating Library system&#13;
is cited as a proof of the truth of this assertion.&#13;
There can be no two opinions on the absurdity of&#13;
that system—but, such as it is, let us, at least,&#13;
have it fairly understood. When a novel, for&#13;
example, is published at the preposterous price of&#13;
a guinea and a half, nobody pays that price. A de-&#13;
duction of one-third at least is made. An individual&#13;
speculator buys the book, and lends it to the public.&#13;
Even this man, as an annual subscription, demands&#13;
the nominal price originally asked for the book (a&#13;
guinea and a half), and he will send you at least&#13;
three novels a week, for a whole year. If this is&#13;
not cheap reading, what is? But you will say&#13;
the public may want to buy some of the best of&#13;
these novels. Very well. Within a year from the&#13;
date of its first issue, the book is republished at&#13;
five or six shillings (a dollar and a half); and is&#13;
again republished at two shillings (fifty cents).&#13;
Setting the case of stolen literary property out of&#13;
the question, are these not correct American prices?&#13;
But why should the purchaser be made to wait&#13;
till the book can be sold at a reasonable price?&#13;
I admit the absurdity of making him wait. But&#13;
is that absurdity likely, under any conceivable&#13;
circumstances, to be copied in America? In&#13;
England the circulating library is one of our old&#13;
institutions which dies very slowly. In America&#13;
it is no institution at all. Is it within the limits of&#13;
probability that one of your citizens should prefer&#13;
lending a novel to a few hundred subscribers,&#13;
when he can sell it to purchasers by the thousand?&#13;
It is a waste of words to ask the question. The&#13;
one thing needful, so far as works of fiction are&#13;
concerned, is to shew you that our popular price&#13;
for a novel is the American popular price. Look&#13;
at the catalogue of " Harper's Library of American&#13;
Fiction," and you will find that the prices range&#13;
from two to three shillings—fifty to seventy per&#13;
cent.&#13;
Turning to literature in general let us consult&#13;
Messrs. Harper again. I am away from home&#13;
while I write, and I have no means of quoting from&#13;
a more recent catalogue than the summer list of&#13;
1878. However, the prices of less than two years&#13;
ago in New York cannot be obsolete prices yet.&#13;
Here are some specimens :—&#13;
"The Atlantic Islands." Illustrated. 8vo.&#13;
Cloth. $3 (twelve shillings).&#13;
"Annual Record of Science and Industry for&#13;
1877." Large i2mo. Cloth. 82 (eight&#13;
shillings).&#13;
"The Student's French Grammar." i2mo.&#13;
Cloth. $1.40 (say five shillings and six-&#13;
pence).&#13;
&#13;
&#13;
## p. 34 (#54) ##############################################&#13;
&#13;
34&#13;
THE AUTHOR.&#13;
"Art Education applied to Industry." Illus-&#13;
trated. 8vo. Cloth gilt. (Sixteen shillings.)&#13;
"Harper's Travellers' Handbooks for Europe&#13;
and the East. $3 per volume (twelve&#13;
shillings).&#13;
I am quite ready to believe that every one of&#13;
these books is well worth the price asked for it.&#13;
But don't tell me that American books are always&#13;
cheap books, and let it at least be admitted that&#13;
English publishers are not the only publishers who&#13;
charge a remunerative price for a valuable work,&#13;
which has proved a costly work to produce and&#13;
which is not always likely to command a large circu-&#13;
lation. To sum it up, literature which addresses all&#13;
classes of the population is as cheap in England as it&#13;
is in America. Literature which addresses special&#13;
classes only will on that very account always be&#13;
published at special prices (with or without inter-&#13;
national copyright) on both sides of the Atlantic.&#13;
V.&#13;
I must not try your patience too severely,&#13;
Colonel. Let me leave unnoticed some of the&#13;
minor misunderstandings which obscure the&#13;
American view of the copyright case, and let me&#13;
occupy the closing lines of this letter with a really&#13;
mischievous delusion. Just consider what this extra-&#13;
ordinary delusion really amounts to. "We don't&#13;
deny (the American publishers say) that you&#13;
English authors have a moral right of property in&#13;
your books, which we are quite ready to make&#13;
a legal right, on conditions that we are to dictate&#13;
the use which you make in America of your own&#13;
property. If we confer on you international copy-&#13;
right, we see with horror a future day when&#13;
English publishers and English printers may start&#13;
in business under our very noses, and we will only&#13;
give you your due, with the one little drawback that&#13;
we prohibit you to employ your countrymen to pub-&#13;
lish your books in our country. Our respect for&#13;
justice is only matched by our respect for our&#13;
purses. Hurrah for honourable dealings with the&#13;
British author—so long as there is no fear of a&#13;
decrease in the balance at our bankers! Down&#13;
with the British author, and away with the national&#13;
honour if there is the slightest danger of the&#13;
almighty dollar finding its way into other pockets&#13;
than ours!"&#13;
Am I exaggerating? Let two of the American&#13;
publishers speak for themselves.&#13;
Hear Messrs. Harper Brothers first. After&#13;
reciting the general conditions on which they pro-&#13;
pose to grant us copyright in the United States,&#13;
they proceed as follows :—" And provided further,&#13;
that within six months after registration of title the&#13;
work shall have been manufactured and published&#13;
in the country, and by a subject or citizen of the&#13;
country in which such registration has been made."&#13;
Mr. \V. H. Appleton, writing to the Ixmdon Times&#13;
(in a curiously aggressive tone), expresses himself&#13;
more plainly. "Our people," he says, evidently&#13;
meaning our printers and publishers, "would&#13;
rejoice to open this vast opportunity of your&#13;
intellectual labours . . . But they hold them-&#13;
selves perfectly competent to manufacture the&#13;
books that shall embody your authors' thoughts, in&#13;
accordance with their own needs, habits, and tastes,&#13;
and in this they will not be interfered with."&#13;
(Extracted from Messrs. Harper Brothers pamphlet,&#13;
"New York, March 17th, 1879.")&#13;
To argue the question with men who are of this&#13;
way of thinking would be merely to waste your&#13;
time and mine. It we are ever to have international&#13;
copyright between the two countries we must have&#13;
the same unreserved recognition of a moral right,&#13;
the same ungrudging submission to the law of&#13;
honour, which has produced the treaties exchanged&#13;
between the European Powers. In this respect&#13;
England has set the example to the United States.&#13;
And, let me add, England has no fear of compe-&#13;
tition. I have put the question myself to eminent&#13;
London publishers ; they have no idea of intruding&#13;
their trade interests into a gTeat question of national&#13;
justice. They are ready to welcome wholesale&#13;
competition in an open market. If they set up&#13;
branch establishments in New York, the American&#13;
publishers shall be free to follow their example in&#13;
London. What does Mr. Marston (of the London&#13;
firm of Sampson Low, Marston and Co.) say on this&#13;
subject, in his letter to The Times, published May&#13;
12th, 1879 ?—&#13;
"As a publisher, I trust I shall l&gt;e absolved from the&#13;
charge of advocating trade interests, when I express my&#13;
strong conviction that the only Convention between the&#13;
two countries which can possibly bear the test of time, must be&#13;
one based upon the original and inherent rights of property!&#13;
Let registration in Washington and London, within a month&#13;
or two months of first publication in either country, convey&#13;
respectively to English and American authors the same right&#13;
in each other's country as in their own, and one's sense of&#13;
justice will be satisfied. . . . Such restrictions as those&#13;
proposed by American publishers exist in no other Conven-&#13;
tions; they arise out of a most unfounded and unnecessary&#13;
fear of competition by English publishers!"&#13;
There is the opinion of one member of the&#13;
representative of the trade. I could produce&#13;
similar opinions from other members, but I must&#13;
not needlessly lengthen my letter. Hear, instead,&#13;
an American citizen who agrees with Mr. Marston,&#13;
and with me. Let Mr. George Haven Putnam&#13;
speak—delivering an address on International&#13;
Copyright in New York, on the 29th of January,&#13;
1879:-&#13;
"I believe that in the course of time the general&#13;
&#13;
&#13;
## p. 35 (#55) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
35&#13;
laws of trade would and ought to so regulate the&#13;
arrangements for supplying the American public&#13;
with books that, if there were no restriction as to&#13;
volumes, the author would select the publishing&#13;
agent, English or American, who could serve him&#13;
to best advantage, and that agent would be found&#13;
to be the man who would prepare for the largest&#13;
possible circle of American readers the editions&#13;
best suited to their wants ... If English pub-&#13;
lishers settling here could excel our American&#13;
houses in this understanding and in these facilities&#13;
they ought to be at liberty to do so, and it would&#13;
be for the interest of the public that no hindrance&#13;
should be placed in their way."&#13;
I have now, I hope, satisfied you that I do not&#13;
stand quite alone in my way of thinking. If you&#13;
make inquiries you will find that other American&#13;
citizens, besides Mr. Putnam, can see the case&#13;
plainly as it stands on its merits.&#13;
Thus far I have been careful to base our claim&#13;
to international copyright on no larger ground than&#13;
the ground of justice. Would you like, before I&#13;
conclude, to form some idea of the money we lose&#13;
by the freedom of robbery which is one of the&#13;
freedoms of the American Republic?&#13;
Take-the illustrious instance of Charles Dickens.&#13;
The price agreed on with his English publishers for&#13;
the work interrupted by his death, " Edwin Drood,"&#13;
was seven thousand five hundred pounds, with a&#13;
promise of an addition to this sum if the work&#13;
exceeded a certain circulation. Even Dickens'&#13;
enormous popularity in England is beaten by his&#13;
popularity in the United States. He was more&#13;
read in your country than in mine, and, as a&#13;
necessary consequence (with international copy-&#13;
right) his work would be worth more in America&#13;
than in England. What did he get in America&#13;
for the "advance sheets?" With the pirates to&#13;
be considered in making the bargain? Less than&#13;
a seventh part of what his English publisher has&#13;
agreed to give him before a line of his novel was&#13;
written—one thousand pounds!&#13;
But the case of Charles Dickens is a case of a&#13;
writer who stands apart, and without a rival in&#13;
popularity. Take my case, if you like, as repre-&#13;
sentative, the position of writers of a lesser degree&#13;
of popularity. I fail to remember the exact price&#13;
which Messrs. Harper paid me for the advance&#13;
sheets of "The Woman in White." It was certainly&#13;
not a thousand pounds; perhaps half a thousand, or&#13;
perhaps not so much. At any rate (with the&#13;
pirates in the background waiting to steal) the&#13;
great firm in New York dealt with me liberally.&#13;
It has been calculated by persons who under-&#13;
stand the matter better than I do that for every&#13;
one reader in England I have ten readers in the&#13;
United States. How many nnauthorized editions&#13;
of this one novel of mine—published without my&#13;
deriving any profit from them—made their appear-&#13;
ance in America? I can only tell you, as a basis&#13;
for calculation, one American publisher informed a&#13;
friend of mine that he had sold one hundred and&#13;
twenty thousand copies of "The Woman in White."&#13;
He never sent me sixpence!&#13;
Good-bye for the present, Colonel. I must go&#13;
back to my regular work, and make money for my&#13;
American robbers, under the sanction of Congress.&#13;
*&#13;
THE TROUBLES OF A BEGINNER.&#13;
THE perusal of a " Hard Case" in the first&#13;
issue of The Author tempts me to put on&#13;
paper my own experiences as a beginner.&#13;
Owing to what might be called a mild inoculation&#13;
of the fraudulent publisher at the commencement&#13;
of my career, the consequences of my gullibility&#13;
have not proved so pecuniarily serious as they&#13;
were in a "Hard Case"; but that has not been&#13;
for lack of trying on the part of the various so-called&#13;
societies, or dishonest tradesmen, who thrive on&#13;
the inexperience and vanity of the literary fledgling.&#13;
I launched my first effort in the shape of a short&#13;
story, under the auspices of the "London Literary&#13;
Society." Their prospectus was all that could be&#13;
desired. For the modest sum of one guinea per&#13;
annum my literary success was assured. They&#13;
undertook to place MSS. in the hands of magazine&#13;
editors, who (apparently) had no other means of&#13;
obtaining copy for their publications. Thus young&#13;
and unknown authors were placed upon the first&#13;
rung of the ladder of fame, and it would be their&#13;
own fault if they did not eventually reach the top.&#13;
By thus establishing a regular method of communi-&#13;
cation between author and publisher, interest and&#13;
prejudice, so fatal to beginners, would be over-&#13;
ridden, and a long-felt want supplied. So it would,&#13;
—but the "long-felt want" was that experienced&#13;
by the organizers of the Society.&#13;
I sent in my guinea and my MS., and waited&#13;
hopefully for the result. The receipt for the money&#13;
was a work of art; it was no common receipt, it was&#13;
a Diploma informing me that I had been enrolled a&#13;
member of the London Literary Society, and re-&#13;
questing that in future I would add L.L.S. after&#13;
my name when communicating with the Secretary.&#13;
In due course I received an official looking docu-&#13;
ment which proved to be a criticism of my story.&#13;
Then for the first time I knew, what I had hitherto&#13;
only suspected, that I was undoubtedly a writer of&#13;
merit! According to the criticism nothing stood&#13;
between me and success but the narrow-minded-&#13;
ness and prejudice of undiscriminating editors.&#13;
&#13;
&#13;
## p. 36 (#56) ##############################################&#13;
&#13;
3«&#13;
THE AUTHOR.&#13;
The document concluded by recommending me to&#13;
send my story to a publication entitled Lloyd's&#13;
Magazine.&#13;
Of course I was delighted. Certainly I could&#13;
not remember having ever heard of Lloyd's Maga-&#13;
zine, but then it was hardly to be expected that I&#13;
had heard of all the magazines published, and at&#13;
any rate I hoped they would pay well. It was&#13;
probably connected with Lloyd's paper. The&#13;
editor was very civil, and assured me he would be&#13;
pleased to print my story, adding casually that&#13;
some alterations would have to be made, and little&#13;
technicalities attended to, before the MS. would be&#13;
ready for the printer's hands, but that half a guinea&#13;
would cover these necessary expenses. Hard as it&#13;
may be to believe, I sent my half guinea! How I&#13;
marvel at my credulity. But then I knew nothing&#13;
of such things, and it seemed quite possible that a&#13;
tyro like myself might have made technical mistakes&#13;
that would entail a certain amount of trouble.&#13;
I also received a prospectus setting forth the&#13;
advantages enjoyed by subscribers to Lloyd's&#13;
Magazine. "Every talented author would ensure&#13;
immediate appearance in print;" this, it was as-&#13;
serted, would prove most beneficial in treating with&#13;
editors who objected to unknown writers. "Ster-&#13;
ling merit would be amply remunerated;" this was&#13;
satisfactory, as the verdict of the Literary Society-&#13;
had inferred that my particular qualifications came&#13;
under that head. In fact, the advantages were so&#13;
great, and so plausibly set forth, that I felt I really&#13;
must get into Lloyd's Magazine at any price.&#13;
Finally, the editor wrote to say that the MS. was&#13;
now corrected and ready for the press, and that if&#13;
I invested in twenty-four copies of the magazine, at&#13;
6d. apiece, my story should appear in the next&#13;
issue! Having already paid so much, I took the&#13;
twenty-four copies, thinking, as so many beginners&#13;
do, that to get a story printed in anything was&#13;
better than not getting it printed at all, and trust-&#13;
ing to the promises of the prospectus as to the&#13;
future. However, one glance at Lloyd's Magazine&#13;
was sufficient to dispel any such hopes. To judge&#13;
by the calibre of its contents all the contributors&#13;
must have paid as heavily as myself, to induce&#13;
anyone to print their productions; and heartily&#13;
disgusted I sent in my resignation to the London&#13;
Literary Society.&#13;
I was informed in return that not having given&#13;
three months' notice I was liable for my subscrip-&#13;
tion. I sent it, and at the same time an intimation&#13;
that I wished to withdraw. The following year I&#13;
received a claim for my subscription, upon which&#13;
I drew the attention of the Secretary to my previous&#13;
communication. The only answer to this was&#13;
another claim, of which I took no notice. Again,&#13;
the year after I was sent a request for two years'&#13;
subscription, which was quickly followed by a letter&#13;
threatening me with the law. Whether further&#13;
proceedings would have been taken against me I&#13;
never knew, as the Secretary solved the question&#13;
by going bankrupt. The Court of Bankruptcy&#13;
informed me that I was down on the books of the&#13;
Society for two guineas, but on explaining matters&#13;
the affair was dropped, and my dealings with the&#13;
London Literary Society became a thing of the&#13;
past I think that I bought my experience&#13;
cheaply.&#13;
One of the most ingenious attempts at fraud of&#13;
the kind was perpetrated by a Society calling itself&#13;
the "Southampton Association." Upon seeing&#13;
the advertisement of a new magazine entitled Pen&#13;
and Ink, I sent in a sample MS. In response, I&#13;
got a letter informing me that, after looking through&#13;
my MS., the Society was prepared to accept me as&#13;
a "staff member" of the Association. This, at&#13;
first sight, seemed all I could wish for—there is a&#13;
peculiarly fascinating ring about the word "staff"&#13;
to a beginner's ear. The letter, however, went on&#13;
to explain what the privileges of a staff member&#13;
were, i.e., "one whose contributions can be accepted&#13;
and paid for," not will be "immediately proofs are&#13;
passed by the editor."&#13;
The wording of this sounded suspicious, and&#13;
when the epistle concluded by a casual request&#13;
that I would fill up the form enclosed and return&#13;
it, the said form being a pledge on my part to pay&#13;
a guinea to the Society, I decided to have nothing&#13;
further to do with it. My course of the Literary&#13;
Society had rendered me proof against any more&#13;
attacks of the same sort.&#13;
I was very nearly falling a prey, however, to the&#13;
wiles of the fraudulent publisher. I had perpetrated&#13;
a one volume novel, and sent it up to Messrs.&#13;
A. and B. Of course it was "favourably reported&#13;
on" by the reader, and was going to make a&#13;
great impression. The firm offered to publish it&#13;
and pay half expenses, if I would pay the other&#13;
half, the profits to be also equally shared. This&#13;
offer sounded reasonable to inexperienced ears,&#13;
and I asked for an estimate. The answer was, that&#13;
my half share would amount to ^55 io*. (Refer-&#13;
ence to a little book since published by the Society&#13;
of Authors will show that the entire cost of publish-&#13;
ing such a volume is £25 18*. yd.!) Fortunately&#13;
I was alarmed at the sum asked, and declined the&#13;
offer. They wrote again, offering to publish the&#13;
book if I would pay ^40 towards it, and receive&#13;
one-third of the profits; this I also declined.&#13;
They then suggested bringing it out in is. form&#13;
for the book stalls, my share to be ^28 10s.&#13;
At this point, however, I became a member of&#13;
the Society of Authors, and on sending the whole&#13;
correspondence to the Secretary, received a letter&#13;
&#13;
&#13;
## p. 37 (#57) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
37&#13;
in reply, which saved me from the clutches of&#13;
the respectable A. and B., and quite decided me&#13;
that it was better posterity should suffer from the&#13;
loss of my book, than that I should suffer from the&#13;
loss of my money.&#13;
I may add that the above are a few of the ex-&#13;
periences to which any beginner is liable when&#13;
acting without advice. In my successful under-&#13;
takings I have been fortunate enough to fall into&#13;
the hands of one of the most honourable members&#13;
of the profession.&#13;
*&#13;
"CURSED COINCIDENCES."&#13;
London, June io, 1890.&#13;
There is a source of great annoyance and&#13;
pecuniary loss to authors for which it is possible&#13;
that some remedy may be found by your aid. I&#13;
can best set it forth by stating the simple fact that&#13;
every one of the last six works which I have&#13;
written, or on which I have collaborated, has been&#13;
met or anticipated by a similar publication on the&#13;
same subject; in every instance to my own detri-&#13;
ment and annoyance, or that of others. In some of&#13;
thesecases the coincidence was doubtless accidental;&#13;
and I am satisfied that the authors of the books&#13;
were as ignorant that I was engaged on a like work,&#13;
as I was of their intentions. Could we have known&#13;
it I am sure that we should have been spared in&#13;
one way or the other great trouble, loss, and&#13;
vexation.&#13;
It is true that such an extraordinary run of bad&#13;
luck savours of the marvellous; but if anyone who&#13;
reads this suspects me of mistake or exaggeration,&#13;
I shall be glad to supply him with all the details,&#13;
and refer him to my publishers, who will fully&#13;
confirm my assertions. But the history of literature&#13;
is full of instances of men who, after devoting&#13;
months or years to a work, have had the sorrow to&#13;
learn that another had been engaged in a similar&#13;
task.&#13;
The very obvious remedy for this among honour-&#13;
able men would be for authors to announce their&#13;
intentions, and make it known in your columns&#13;
what they are actually engaged on and really&#13;
intend to publish. On the other hand, there are&#13;
innumerable hacks and quacks in literature who&#13;
would avail themselves of these very announce-&#13;
ments to "hurry up " works on the same subjects,&#13;
to say nothing of the half-honest scribes who would&#13;
pre-empt a subject by declaring that they are&#13;
engaged on it—the engagement being like that of&#13;
the American young woman who admitted, in a&#13;
breach of promise case, that she had nothing&#13;
written to prove a betrothal, nor had the defendant&#13;
ever spoken to her, but that "looks had passed&#13;
between them." Many men seem to think that&#13;
if they have only looked at a subject it is their&#13;
property for ever.&#13;
If there were a real guild of literary men holding&#13;
and exercising power—such as the Society of&#13;
Authors may become—this great evil of "the&#13;
unlucky chance," or cursed coincidence, could&#13;
really be obviated. For it could declare thieves&#13;
and plagiarists "niddering" or infamous, and by&#13;
establishing and exacting a high code of honour it&#13;
could eliminate much of the disreputable Bohe-&#13;
mianism or carelessness as to morals from the&#13;
profession of letters. And if it be not really a&#13;
profession it would soon become one by the&#13;
simple process 01 outlawing all who disgrace&#13;
it. For in fact the dishonest writer is as great an&#13;
injury to his betters in the craft as the dishonest&#13;
publisher, and deserves even greater punishment.&#13;
A few cases of flagrant meanness vigorously exposed&#13;
would soon end the career of many literary&#13;
sharpers.&#13;
Charles G. Leland.&#13;
THE EXCHANGE OF BOOKS.&#13;
WOULD it be possible 10 open a Book&#13;
Exchange in the pages of The Author?&#13;
I am myself continually compelled to&#13;
buy books which serve their purpose and are hence-&#13;
forth of no more use to me. I buy them not for&#13;
their rarity but for their practical use. Others there&#13;
are who are always looking out for the completion&#13;
of sets or the improvement of collections, for first&#13;
editions, for books specially bound, for books&#13;
privately printed (of which a certain second-hand&#13;
bookseller is now bringing out a catalogue).&#13;
Everybody who wants books depend upon those&#13;
excellent people, the second-hand booksellers and&#13;
their lists. They depend upon the people who,&#13;
like myself, are always wanting to get rid of books.&#13;
Why cannot The Author give us space, if only&#13;
a page, to advertise our wants and our wares?&#13;
Members of the Society should, perhaps, be&#13;
allowed to take up a certain space for the mere&#13;
cost of the printing and paper. Other people&#13;
might be made to pay for the privilege at such a&#13;
rate as would assist the finances of the paper.&#13;
Can my suggestion find a corner?&#13;
F. R. S.&#13;
&#13;
&#13;
## p. 38 (#58) ##############################################&#13;
&#13;
3«&#13;
THE AUTHOR.&#13;
LEAFLET No. II.&#13;
On Royalties.&#13;
WHAT is loosely and ignorantly called&#13;
"The Royalty System"—a system where&#13;
all is chaos—may be defined as pay-&#13;
ment by results. It came into existence chiefly&#13;
as a sop to authors who were discontented with&#13;
the so-called half-profit system, after it had been&#13;
worked into a system which gave all the profits&#13;
to the publisher. "At least," they thought, "there&#13;
will be something for us if we are to have so much&#13;
for every copy sold." They therefore signed any&#13;
agreement in this sense that was placed in their&#13;
hands without asking what it meant—what the&#13;
proposed arrangement kept for the publisher and&#13;
what it would give them. They signed what they&#13;
were told to sign, and they took what was offered&#13;
them. They began to sign these royalty agreements&#13;
about twenty years ago, when the "system" first&#13;
came into use. They have continued to sign&#13;
them; they are signing them every day, and it is&#13;
not too much to say that not one single author up&#13;
to this day of writing, outside the office of the&#13;
Society, knows when he signs, what he has kept&#13;
for himself, or what proportion of the results of his&#13;
labour he has given to the man who sells his book.&#13;
In accordance with the principles of this Society,&#13;
which endeavours to throw light upon everything&#13;
connected with the production and sale of books,&#13;
or in other words, enables authors to understand&#13;
exactly what they give away and what they reserve&#13;
—what, in fact, an agreement means—the Leaflet&#13;
of this month is devoted to a very brief statement of&#13;
the "Royalty System " in its various forms applied to&#13;
author and publisher.&#13;
The discovery that the author was as easily&#13;
gulled by a Royalty as by a show of half profits,&#13;
caused certain gentry to introduce improvements&#13;
into the original plan. Thus the Royalty at first&#13;
offered and eagerly taken by the ignorant author&#13;
was 10 per cent, on the published price from the&#13;
beginning. Then one man sharper than his&#13;
brothers discovered that his authors would take 5&#13;
per cent, from the beginning; another that his men&#13;
would take 10 per cent, on the trade price; a&#13;
third, and this was the most happy discovery of&#13;
all, that his men would take 10 per cent, to begin&#13;
when a great number of copies had been first sold.&#13;
In the forthcoming work on "Methods of&#13;
Publication," the author prints a table which&#13;
shows the working of the system and the results to&#13;
author and publisher.&#13;
He takes as an example an ordinary novel in&#13;
one volume, sold at 6s., a very common form of&#13;
book at this day. These six shilling novels vary&#13;
considerably in length, running from 70,000 words&#13;
to 180,000 words—or even more. The average&#13;
length, however, may be taken as from 70,000 to&#13;
100,000 words.&#13;
The cost of producing such a work is, with a&#13;
liberal allowance for advertising, as follows :—&#13;
(1) For the first 1,000 copies nearly £100.&#13;
(2) For the second edition of 3,000 copies,&#13;
£120, or with a liberal increase of adver-&#13;
tising, .£150.&#13;
(3) If the success be so great as to justify a large&#13;
edition of 10,000, the cost of production of&#13;
this edition would be about ^360, or with&#13;
increased advertising say ^400.&#13;
(4) The trade price of the book varies from&#13;
3s. 4&lt;/. to 3-r. Sd. We may fairly take it at&#13;
3*. 6d.&#13;
The trade price is generally arrived at by -&#13;
taking two-thirds of the published price and&#13;
allowing thirteen copies as twelve. In the&#13;
case of the great distributing houses an&#13;
additional 10 per cent, is allowed. There&#13;
are also cases in which lower terms are&#13;
given for special reasons. Many copies,&#13;
however, are sold at a higher price.&#13;
(5) The publisher therefore obtains—&#13;
a. For the first edition of 1,000 copies,&#13;
^175-&#13;
/3. For a second edition of 3,000 copies,&#13;
7. For an edition of 10,000 copies, ^1,750.&#13;
Out of this he has to pay the author, printer, paper-&#13;
maker, binder, and the advertisements.&#13;
We might proceed at once to our table, but for&#13;
one objection which will be raised. It is this.&#13;
&#13;
&#13;
## p. 39 (#59) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
39&#13;
Suppose the publisher prints io,ooo copies and&#13;
sells only 1,000 copies, he then has 9,000 copies on&#13;
his hands. That is true. To overprint is a mistake&#13;
that inexperienced publishers often make: experi-&#13;
enced, rarely. The wise publisher feels his way&#13;
even though to print 3,000 only will cost him a&#13;
halfpenny more on each copy than boldly to order&#13;
10,000. When the demand for a popular book&#13;
ceases, which is not suddenly but gradually, the&#13;
prudent publisher is not generally left with many&#13;
copies on hand. It must be remembered that we&#13;
are here speaking of a popular and successful book,&#13;
of which there are a great many issued every year.&#13;
Now, then, for our table. We deduct from the&#13;
publisher's profits (1) what he pays to the author,&#13;
(2) what he pays for production. The reader will&#13;
see set forth in order the respective shares of profit&#13;
presented by a 5 per cent, up to a 35 per cent,&#13;
royalty to author and to publisher. The per-&#13;
centage is taken on the published price, the full&#13;
price of 6s.&#13;
I. On the sale of the first 1,000.&#13;
Per cent.&#13;
■&#13;
10&#13;
■5&#13;
20&#13;
25&#13;
30&#13;
£&#13;
£&#13;
£&#13;
£&#13;
£&#13;
£&#13;
Publisher&#13;
60&#13;
45&#13;
3°&#13;
—&#13;
—&#13;
Author ...&#13;
'5&#13;
3°&#13;
45&#13;
60&#13;
75&#13;
90&#13;
II. On the sale of the next 3,000.&#13;
Per cent.&#13;
5&#13;
10&#13;
"5&#13;
20&#13;
3°&#13;
35&#13;
£&#13;
£&#13;
£&#13;
£&#13;
£&#13;
£&#13;
£&#13;
Publisher&#13;
33°&#13;
285&#13;
•40&#13;
195&#13;
■ 50&#13;
105&#13;
Author ...&#13;
45&#13;
90&#13;
13s&#13;
180&#13;
225&#13;
270&#13;
315&#13;
III. On the sale of an edition of 10,000.&#13;
Pe&#13;
r cent.&#13;
5&#13;
IO&#13;
IS&#13;
20&#13;
3"&#13;
35&#13;
£&#13;
£&#13;
£&#13;
£&#13;
£&#13;
C&#13;
£&#13;
Publisher&#13;
1,300&#13;
1,050&#13;
900&#13;
750&#13;
600&#13;
45°&#13;
300&#13;
Author ...&#13;
150&#13;
450&#13;
600&#13;
75°&#13;
900&#13;
1,050&#13;
Since it is more common to meet with a success&#13;
corresponding with the second than with the first&#13;
table, let us consider what the figures mean. They&#13;
speak for themselves, but to those who cannot&#13;
understand figures let us explain.&#13;
"Your publisher, dear Sir or Madam, when he&#13;
benevolently offers you a 5 per cent, royalty, will&#13;
on a second edition of 3,000 copies make ^330 to&#13;
your ^45, i.e., eight times your share. If he gives&#13;
you 10 per cent.—which is common—he will&#13;
make ,£285 to your £90, that is, three times your&#13;
share. If 15 per cent, he will make ^240 to your&#13;
^135, i.e., twice your share. If 20 per cent., .£195&#13;
to your ;£i8o. If 25 per cent., ^170 to your&#13;
.£225. If 30 per cent., £10$ to your ^270.&#13;
Consider this, and refuse the 10 per cent, with&#13;
indignation."&#13;
As for the "fancy" royalties, those on trade&#13;
price, those to begin when a certain number of&#13;
copies have gone and so forth, the reader may&#13;
calculate for himself the meaning of these pro-&#13;
posals. We will, however, on a future occasion&#13;
assist his calculations. With the help of these&#13;
tables, too, the reader will be able to make an&#13;
intelligent attempt towards finding an answer to&#13;
the question, "What proportion of profit should&#13;
in equity be the share of the publisher in the case&#13;
of a book which has no risk?"&#13;
*&#13;
THE ROYAL LITERARY FUND.&#13;
"Yours be the task to foster and protect&#13;
Genius in rags and learning in neglect."&#13;
W. T. I- ITZGERALD.&#13;
THE object of the Royal Literary Fund, as&#13;
summed up in Mr. Fitzgerald's Anniversary&#13;
Ode, is one of which all of us, members of&#13;
this Society, must cordially approve.&#13;
Here are its aims set forth a little more at&#13;
length:—■&#13;
"To administer assistance to Authors of published&#13;
works of approved literary merit and of important&#13;
contributions to periodical literature, who may be&#13;
reduced to distress by unavoidable calamities, or&#13;
deprived by enfeebled faculties, or declining life, of&#13;
the power of literary exertion. This assistance may&#13;
&#13;
&#13;
## p. 40 (#60) ##############################################&#13;
&#13;
40&#13;
THE AUTHOR.&#13;
be extended at the death of an Author to his widow&#13;
and children."&#13;
Every one may not know the pathetic incident to&#13;
which the Fund actually owed its origin. It was&#13;
this. A member of a club in London, much&#13;
frequented by literary men, being arrested for a&#13;
small debt, died in consequence. It then leaked&#13;
out that the unfortunate scholar had lived for years&#13;
in the extremest poverty, but had borne his suffer-&#13;
ings in silence. Some fifteen years before this&#13;
occurrence, in the very club of which he was a&#13;
member, an attempt had been set on foot to found&#13;
some sort of pension scheme, but it had fallen&#13;
through, after a few desultory meetings. This,&#13;
however, galvanized it into life again.&#13;
Mr. David Williams was from the first the life&#13;
and soul of the movement. He had been the&#13;
person with whom the idea first originated, and he&#13;
was the first to assist in its resuscitation. He&#13;
organized the scheme, and was indefatigable in its&#13;
promotion. He levied taxes on all his friends and&#13;
acquaintances, and persuaded actors, poets, and&#13;
princes to sound the praises of the new institution.&#13;
We fear he must have been, good worthy man, a&#13;
terrible bore.&#13;
We learn that he himself made house-to-house&#13;
visits in behalf of his project, and collected large&#13;
sums of money in that way. In addition to which&#13;
he gave personal attention to all the routine business,&#13;
with the result that, when the Society had literally&#13;
thousands invested, and a most magnificent roll of&#13;
supporters, the executive expenses were returned&#13;
as only £$o.&#13;
In 1818 the Society was incorporated.&#13;
After Williams's death, however, the Society had&#13;
rather a stormy time. This was not only due to&#13;
the loss of their indefatigable leader. The extreme&#13;
secrecy with which the doles were made, while show-&#13;
ing the kindly delicacy of the administrators, might,&#13;
it is obvious, if sufficient care were not taken, be the&#13;
source of abuse. Sufficient care was not taken, and&#13;
abuses followed.&#13;
The affairs of the Society were at that time&#13;
administered by an Executive Committee and a&#13;
Council. The Executive Committee did the work,&#13;
and the Council lent their name. When some of&#13;
the work could not be approved of, a quarrel took&#13;
place between the Council and the Committee.&#13;
Many of the Council joined in the general demand&#13;
for an investigation into the manner in which the&#13;
Society's affairs had been conducted.&#13;
Then came an agitation for reform. The leader&#13;
of this was Dickens, who attributed the malpractices,&#13;
which had undoubtedly occurred, to the demoral-&#13;
izing effect inflicted upon men by much sitting on&#13;
boards of direction. The demand was to a certain&#13;
extent acceded to, and Dickens, Mr. Wentworth&#13;
Dilke, and Sir E. L. Bulwer were placed upon the&#13;
first Committee of reform, and no one has since&#13;
that day breathed a word against the way in which&#13;
the Fund is administered.&#13;
The benefits are disposed entirely without regard to&#13;
religious sect, the only disqualification being offences&#13;
against public morality. Neither are they con-&#13;
fined to Englishmen. At the dinner of 1822, when&#13;
Chateaubriand's health was proposed by the Duke&#13;
of York, as the ambassador of France, he mentioned,&#13;
in his acknowledgment of the toast, that he was&#13;
himself aware of the benevolent character of the&#13;
Fund, for, during the period of the French&#13;
Revolution, a French literary gentleman was in&#13;
difficulties, and these difficulties having been repre-&#13;
sented to the Committee by one of his friends, a&#13;
sum was voted sufficient to relieve him from all&#13;
anxiety, and that at a time when the institution&#13;
was itself struggling into notice. ' This gentleman,&#13;
Chateaubriand continued, was thus enabled to&#13;
maintain his ground. At the Restoration he&#13;
returned to France to acquire fresh honours as a&#13;
literary man, and to rise in the favour of his&#13;
Sovereign. He had now returned to England, but&#13;
in a different capacity—as the ambassador of his&#13;
Sovereign; and he was that man.&#13;
When Macaulay inveighed against all institutions&#13;
having for their object the pecuniary relief of authors,&#13;
he was taking a position he might be expected to&#13;
take, one which it was dignified for him to take,&#13;
and one which we sincerely wish could rationally&#13;
be taken. Macaulay's contention was that good&#13;
work would always find sufficient pay, and that&#13;
therefore the very people who would require such&#13;
assistance were the people who did not do good&#13;
work. That, in fact, all such Societies must lead to&#13;
the encouragement of the incompetent. This of&#13;
course is very far from being the case. A great&#13;
deal of admirable work, useful to mankind, and&#13;
most creditable to the author, never can command&#13;
sufficient circulation to make it remunerative.&#13;
The Fund most wisely allows for the fact that,&#13;
whereas while the author is able to work at full&#13;
pressure, he may keep his head above water, there&#13;
may come a time when such "H state cannot be&#13;
continued. His methods may get out of date.&#13;
The very lucidity of his teaching may have enabled&#13;
some younger man, more in touch with modern&#13;
thought, to carry similar work to a point of higher&#13;
perfection. Old age and sickness may arrive. At&#13;
once poverty stares the author of unremunerative&#13;
work in the face. He need be in no way impro-&#13;
vident and yet be unable to lay aside money to&#13;
meet such an emergency.&#13;
It is in such cases as these that the bounty of&#13;
the Royal Literary Fund is freely and delicately&#13;
bestowed.&#13;
&#13;
&#13;
## p. 41 (#61) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
4-&#13;
It is in such cases as these that such assistance&#13;
is too often urgently necessary.&#13;
There exists another institution for the relief of&#13;
authors. There is a provision on the Civil List for&#13;
pensions to the amount of ^1,200 per annum,&#13;
which should be devoted to the reward of (1)&#13;
Persons having just claims on the Royal benevo-&#13;
lence; (2) Persons who have rendered personal&#13;
service to the Crown; (3) Persons who have&#13;
benefited the public by discoveries in science;&#13;
(4) Persons who have benefited the public by&#13;
their attainments in literature and the arts.&#13;
Mr. Colles' book* has shown very clearly that&#13;
these pensions are awarded in a most reprehensible&#13;
manner, and are very generally devoted to the&#13;
relief of people often having no claim to charity at&#13;
all, certainly having no claim upon this establish-&#13;
ment, and occasionally having a distinct claim to&#13;
bounty from other sources. The author may well&#13;
look somewhat askance at an institution whose&#13;
benefits are administered with so much caprice,&#13;
and so regularly reaped by the wrong people.&#13;
While there is no doubt that the writers of much&#13;
good work do not derive much good pay from it,&#13;
so that in certain cases the assistance of charity be*&#13;
comes absolutely needful, it is perfectly certain that&#13;
there would be fewer such cases if the literary man&#13;
were more alive to his own interests, mors careful&#13;
of his own property. We learn from the Prince of&#13;
Wales's speech that the Royal Literary Fund has&#13;
lately made grants to the families of the late J. G.&#13;
Wood and the late R. A. Proctor. These men's&#13;
names were household words; their teaching and&#13;
their books were known in every family. They&#13;
were not devoted to abstract and abstruse science;&#13;
they did not produce works of great research,&#13;
appealing necessarily to so small a public as to&#13;
make it impossible that their work should be&#13;
pecuniarily successful. On the contrary, they were&#13;
the most popular expositors whom the world has&#13;
ever seen of the physical and natural wonders of&#13;
the world. Their books had an enormous popular&#13;
circulation, and the fact that it has been necessary&#13;
for their families to apply for assistance to the&#13;
Royal Literary Fund speaks volumes for the&#13;
statement made so often in the paper of this&#13;
Society. "The nature of literary property is mis-&#13;
understood and its very reality is hardly recog-&#13;
nized." Had these writers understood the value&#13;
of their own property they would never, perhaps,&#13;
have become the recipients either in life, or through&#13;
their widows, after death, of the Literary Fund&#13;
Bounty.&#13;
* "Literature and the Pension List," by W. Morris Colles.&#13;
Cr. 8vo., y. td. Henry Glaisher, 95, Strand, W.C.&#13;
VOL. I.&#13;
A HARD CASE.&#13;
No. II&#13;
THIS publisher, Mr. Henry Skimpington-&#13;
Brown, prided himself on his double-&#13;
barrelled name. It certainly lent weight&#13;
to his assurances that he was in a position to pro-&#13;
duce guarantees from most influential people that&#13;
he was honest—nay more, that he was generous.&#13;
He came under the notice of the Society of&#13;
Authors in the following way. He was an adver-&#13;
tising person, whose letter paper bore the elastic title&#13;
of "publisher" upon it, and whose address was in&#13;
Fleet Street. An author, bitten by one of his&#13;
specious circulars, sent a manuscript to him for his&#13;
consideration. Here is the author's account of&#13;
what followed :—&#13;
"I unfortunately entrusted my book to Mr. Skim-&#13;
pington-Brown. He engaged to publish for me any&#13;
number of copies required " up to 1,000," beginning&#13;
at 200. The book came out. I at once began to&#13;
receive letters from friends, acquaintances, and&#13;
book-sellers, complaining that they could not obtain&#13;
copies through the ordinary channels. Mr. Mudie&#13;
also informed me privately that my publisher was&#13;
quite unable to meet his orders. I wrote re-&#13;
peatedly to Mr. Skimpington-Brown demanding an&#13;
explanation. Sometimes I got an evasive answer;&#13;
generally no notice was taken of my letters. By&#13;
this time I was quite certain that something was&#13;
wrong, and a friend of mine, who interviewed him&#13;
for me, elicited from him :—that he had only&#13;
printed 100 copies; that the type had been broken&#13;
up; and that he had not enough money to pay for&#13;
composition again."&#13;
The author had given the man £%o to produce&#13;
the book. Now, although a part of the money&#13;
paid was for advertisement of the book, no adver-&#13;
tisements were ever seen except in a trade circular&#13;
once or twice. Hardly any copies were sent out&#13;
for review. What reviews were obtained were very&#13;
good ones.&#13;
Therefore when the author applied to the Society&#13;
of Authors, the position of affairs was thus:—He had&#13;
been induced to pay the publisher a sum of money&#13;
equivalent to double as much as was actually spent&#13;
in bringing the little book out; also an extra ^5&#13;
on some pretext or other; third, a large sum for&#13;
author's corrections. Only 100 copies were printed.&#13;
The circulating libraries could not put the book on&#13;
their lists, because they could get no copies. The&#13;
author had received nothing back but a small sum&#13;
obtained by privately disposing of a few copies to&#13;
his friends.&#13;
A few letters were written which seemed to have&#13;
11&#13;
&#13;
&#13;
## p. 42 (#62) ##############################################&#13;
&#13;
42&#13;
THE AUTHOR&#13;
the effect of temporarily frightening Mr. Skimping-&#13;
ton-Brown, for it was at this time that he sent to&#13;
the Society a letter in which he said that most in-&#13;
fluential people were willing to come forward and&#13;
speak to his honesty and generosity.&#13;
It happened that another author had some idea&#13;
of publishing a work with Mr. Skimpington-Brown.&#13;
To this gentleman, whom he seemed to think might&#13;
possibly prove a new victim, the worthy publisher&#13;
mentioned the first author's book, and stated that he&#13;
was bringing out a second edition of it, for which&#13;
there was already a demand for neatly 3,000 copies!&#13;
But the two authors were acquainted with each&#13;
other, and this communication reached the first&#13;
author. As he said, "the state of things is worse&#13;
now than ever. As long as the book was prac-&#13;
tically unpublished, there was a chance of getting&#13;
a new publisher for it; but if this man, hiving&#13;
evidently no position, no capital, and, indeed, no&#13;
right to the name of publisher, really keeps his hold&#13;
on the book, it is a ruined work. He cannot,&#13;
in fact, publish it himself, and yet he deprives the&#13;
author of his chance of finding another publisher."&#13;
So it was determined that, at all events, the&#13;
book must be got out of his hands, and that after-&#13;
wards the possibility of making him disgorge some&#13;
of the plunder must be considered.&#13;
The agreement was unstamped, that is, for prac-&#13;
tical purposes. It must be admitted that it had&#13;
affixed to it a penny postage stamp. In it the&#13;
publisher covenanted to "print,publish, and push(\)&#13;
the book, and meet all demands up to 1,000&#13;
copies." This latter phrase alone would have put&#13;
anyone of experience upon his guard. It is almost&#13;
invariably the prelude to the following dodge for&#13;
extortion. A large number of copies is named,&#13;
say 10,000; then a correspondingly large figure is&#13;
named as the publisher's risk, say £50. The&#13;
author may feel that £50 is not much for 10,000&#13;
copies; more, he may ask someone who knows,&#13;
and will be informed that the demand is not very&#13;
exorbitant. So he pays it. Then only 100 copies&#13;
are printed. The author objects. The other per-&#13;
son says: "I never said I should produce 10,000&#13;
copies. No good publisher ever produces such&#13;
large editions of new men's work. I said I would&#13;
'meet demands' up to that number. I have as&#13;
yet not been asked for more than I have printed."&#13;
But the author may say: "It did not cost you&#13;
,£50 to produce 100 copies." To which the other&#13;
person may reply: "I never said it did."&#13;
Only in one way had Mr. Skimpington-Brown&#13;
contracted to do something definite. He said he&#13;
would advertise up to £20. He was asked to pro-&#13;
duce vouchers for this sum. He then said that he&#13;
had only advertised to the extent of j£g, and that,&#13;
of course, the surplus would be refunded.&#13;
The Society of Authors made an appointment&#13;
with this honest tradesman to meet their accountant.&#13;
But the accountant found the office locked up,&#13;
and received a note stating that his books were&#13;
at his suburban office!&#13;
At last, upon threats of legal procedure, Mr.&#13;
Skimpington-Brown appeared, and, with tears in his&#13;
eyes, refunded j£io. He said that was all he pos-&#13;
sessed.&#13;
This was all the satisfaction that could be&#13;
possibly obtained for the author. Nothing would&#13;
have been gained by legal procedure, and the&#13;
author was advised to take Mr. Skimpington-&#13;
Brown's little all.&#13;
*&#13;
THE CHESTNUT BELL.&#13;
THE sound of the Chestnut Bell is now be-&#13;
coming rare in America; heard indeed as&#13;
seldom as those of the Sunken City, comme-&#13;
morated by Riickert, which "peal once more their&#13;
old melodious chime" but once or twice in a century,&#13;
and then only to the Sunday child who is born to&#13;
hear what is inaudible to the Philistine. But before&#13;
the last Ming of this extraordinary instrument dies&#13;
away, it may be worth while to record its history,&#13;
and give for the first time what is probably a true&#13;
clue to its origin.&#13;
About four years ago Senator Jerome, of New&#13;
York who, because of his immaculate life, admir-&#13;
able gravity, and personal resemblance to a famous&#13;
picture byMurillo, has always been known as Saint&#13;
Jerome—was one day pouring forth in a speech a&#13;
grand series of moral axioms, which, however&#13;
admirable, "had not," as Heine says, "novelty for&#13;
merit," when all at once Senator Riddleberger,&#13;
of Virginia, the licensed clown, jester, and mischief&#13;
maker of the Senate, called to a point of order.&#13;
And on being asked what it was he replied: "Mr.&#13;
Speaker, I want the Senator from New York to stop&#13;
ringing that d -d old Chestnut bell of his."&#13;
The mot was new and it spread "like wildfire"&#13;
over the Union. Wherever the Frenchman of&#13;
1840 would have cried connu, the American roared&#13;
Chestnut. If an orator uttered a truism—if any&#13;
body dared to say " be virtuous and you will be&#13;
happy"—"Chestnut!"was sure to be heard. Woe&#13;
to the narrators of old Joes, for the nuts were cast&#13;
at them, and they were abashed. Ere long the&#13;
Chestnut Bell itself appeared. It was a small&#13;
highly resonant apparatus of a tintinnabulistic or&#13;
campanological nature, worn as an appendage to the&#13;
button hole—it went with a spring, and its sound&#13;
became a terror in the land. I am now in posses-&#13;
&#13;
&#13;
## p. 43 (#63) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
43&#13;
sion of six different kinds of Chestnut Bells—none&#13;
of them are loud, but all are of piercing, insulting,&#13;
aggravating, tone. It has happened that even&#13;
clergymen when using platitudes or dropping into&#13;
cant, have been called to silence by the dreadful&#13;
bell.&#13;
It is usual in the United States whenever a new&#13;
slang term appears for all the minor literati of the&#13;
press to at once invent Jts origin. Consequently&#13;
there were innumerable anecdotes, every one more&#13;
anthentic than the others, telling how and when the&#13;
term Chestnut came into existence. Of these I&#13;
have made a collection, with the result of distrust-&#13;
ing them all. In such cases it is almost invariably&#13;
"the oldest which is truest." The oldest in this&#13;
case is Italian. In Northern Italy, especially in&#13;
Florence, when a man would discredit or snub&#13;
another, and intimate that what he says is untrue,&#13;
or contemptible, or worn out, he puts his thumb&#13;
between his fore and middle finger, and presents&#13;
it. This is called making the Chestnut. In&#13;
Naples they call it la fica, or the fig, but the&#13;
castagna or Chestnut is the most ancient term.&#13;
All of the American origins confine themselves&#13;
to the Chestnut, but say nothing of the bell.&#13;
For the bell is the real object, "Chestnut" being&#13;
only the adjective which qualifies it. This part of&#13;
the problem is specially interesting.&#13;
There has long been known in Bavaria, possibly&#13;
in other parts of Germany, but I have only known&#13;
it in the Bayerisches Land, what is called the&#13;
Lugnermesser or Liar's Knife. This is a knife of&#13;
wood exactly resembling those which are used by&#13;
grocers in England to scoop butter or lard.&#13;
There is a hole iri it in which hangs a hawk's&#13;
bell, and on the blade is an inscription of which&#13;
the following is, though not a translation, a toler-&#13;
able imitation:—&#13;
Who liftes thys Knyfe&#13;
Nor ringes y* Bell,&#13;
Ne'er in his Lyfe&#13;
A Lye did tell.&#13;
The most remarkable of these knives which I&#13;
have ever seen is in the possession of Miss Mary&#13;
B. Reath, of Philadelphia. Another was in the&#13;
great Art Exhibition at Munich in 1888. A third&#13;
is in the Artists' Club of Munich. Whenever a&#13;
member tells a doubtful or a worn-out or commonly&#13;
known story, and tries to pass it off for new, some&#13;
one rings the bell. All three bore inscriptions in&#13;
old Bavarian which were, however, so peculiar and&#13;
requiring so much explanation, that it is hardly&#13;
worth while to give them here.&#13;
The ringing of the Liar's Bell is a kind of shut-&#13;
ting off or condemnation, and as such is manifestly&#13;
derived from the " bell, book, and candle," the form&#13;
vol. 1.&#13;
of excommunication of the Church of Rome, ending&#13;
by closing the book against the offender, extin-&#13;
guishing the candle, and ringing the bell.&#13;
(" Reliq. Antiq., i, 1, Gawaine and Gavin, 3023—&#13;
Halliwell.") Also to bear the bell, to carry off the&#13;
prize, to be unsurpassed as a liar. For a bell, a&#13;
whetstone, a knife, and, in America, a hat have&#13;
here or there been substituted.&#13;
It is very strange that Friedrich in his "Symbolik&#13;
der Natur," says of the chestnut that it is a type of&#13;
the unchangeable, of the old which ever persists in&#13;
remaining—which is the very spirit of all that is&#13;
hackneyed, "the reason for this being that its&#13;
leaves femain so long unchanged." "And as&#13;
most races name their national fools from some&#13;
popular dish, as Jack Pudding, in England;&#13;
Hanswurst, in Germany; Pickle Herring, in&#13;
Holland; Jean Potage, in France; so the Italians&#13;
call a silly, stupid, would-be witty fellow a Marone,&#13;
which is a large kind of chestnut." But the&#13;
real ancient meaning of the nut is Beharrlich-&#13;
keit, obstinate endurance, like that of an old&#13;
story which holds its own for ever. Therefore&#13;
the Greeks called it the Euboic acorn, and con-&#13;
secrated it to Jupiter, he being of all the gods&#13;
the most unyielding.&#13;
It is also to be noted that the Greeks and&#13;
Romans carried little silver bells, the tinkling of&#13;
which drove away witchcraft and evil spells—which&#13;
latter certainly include old Joe Millers, so well&#13;
known to possess a kind of dire and intolerable&#13;
fascination. I have a fac simile of one of these&#13;
ancient chestnut bells, with its strange incantation,&#13;
which I carry in my dressing case as a warning.&#13;
I trust that the reader will not conclude, from what&#13;
I have written, that I need it!&#13;
C. G. Leland.&#13;
*&#13;
The Death of a Scholar.—" Come and see&#13;
the difference there is between the powerful Rabbis&#13;
of the Land of Israel and the pious Rabbis of&#13;
Babylon. Resh Lakish made a funeral oration&#13;
in honour of a certain disciple of the wise, and&#13;
exclaimed, 'Alas! the I and of Isiael has lost a&#13;
great man!' Whereas Rabbi Nachman at Babylon&#13;
declined delivering a funeral oration on a similar&#13;
occasion; for, said he, 'What can I say more than&#13;
Alas! a basketful of books is lost'?"—Talmud&#13;
Megillah.&#13;
*&#13;
i) 2&#13;
&#13;
&#13;
## p. 44 (#64) ##############################################&#13;
&#13;
44&#13;
THE AUTHOR.&#13;
"THE ART OF AUTHORSHIP."&#13;
In August, 1888, a well-known English novelist&#13;
received the following letter :—&#13;
"Coventry,&#13;
"Dear Madam, "August 21, '88.&#13;
"I am wanting to address our young people, in&#13;
response to their request, by way of a lecture upon&#13;
the art of composition and the means essential to&#13;
secure a forcible and interesting style of expression.&#13;
I have thought that the only way by which I could&#13;
add any considerable interest and usefulness to an&#13;
evening's pleasant intercourse upon such a topic&#13;
would be to secure, if at all possible, a personal&#13;
testimony of the experience of one or two of our&#13;
most skilful and honoured authors.&#13;
"To that end I have taken the very great liberty&#13;
to write to you and solicit your generous help.&#13;
May I be permitted to ask whether in early life you&#13;
pave yourself to any special training with a view to&#13;
the formation of style, and also whether you can&#13;
give us any information of your own methods that&#13;
would aid us to realize, in some degree at least, the&#13;
secrets of your own great powers in the use of a&#13;
clear and forcible English.&#13;
"I write to you because your finely conceived&#13;
novels are cherished friends of my own, delightful&#13;
companions which give me more pleasure than I&#13;
can well say; and also because I feel in asking such&#13;
a favour, that you must be so accustomed to people&#13;
getting truly attached to you by reason of your&#13;
beautiful stories, that you will very readily forgive&#13;
the request even though you cannot grant it. But&#13;
if you are able to spare a few minutes to do me this&#13;
kind service, I can assure you of the gratitude of&#13;
many beside myself.&#13;
"Pray excuse this long letter, and if I am giving&#13;
you any trouble, or ignorantly making an undue&#13;
demand on your time, do more than forgive me,&#13;
take no notice of me, and you will be appreciated&#13;
and understood by&#13;
"Yours most faithfully and respectfully,&#13;
"GEORGE BAINTON."&#13;
"Mrs. Parr.&#13;
Now this was really a very polite and appreciative&#13;
letter, and to it she returned a courteous answer.&#13;
It was nice to be considered among "one or two&#13;
of the most skilful authors," and kindness of heart&#13;
prompted her to assist a clergyman in his task of&#13;
lecturing to his young people upon a subject that,&#13;
like Ah Sin, "he did not understand."&#13;
But in May, 1890, she received the following letter&#13;
from her correspondent:—&#13;
"Dear Madam, "May 2, '90.&#13;
"Some time since I wrote to you concerning a&#13;
lecture I was about to give to a number of young&#13;
men upon the art of composition, and asked your&#13;
aid. You most generously responded to my appeal,&#13;
and gave me the privilege of using your kind words&#13;
of counsel and experience in the event of my being&#13;
desirous to put the lecture into printed form. I&#13;
thought you would like to see the extract from your&#13;
letter thus incorporated into the lecture—a lecture&#13;
I have expanded into book form and published&#13;
through Messrs. Clarke &amp; Co., Fleet St., under the&#13;
title'The Art of Authorship.' The little volume&#13;
now issued is simply the lecture amplified—matter&#13;
growing under my hands until it far exceeded the&#13;
limits of the pamphlet I at first intended.&#13;
"For your valued aid I again thank you most&#13;
heartily, and am&#13;
"Very faithfully yours,&#13;
"Mrs. Louisa Parr. "George Bainton."&#13;
The author gave the Correspondence to this&#13;
Society. She denies having given Mr. Bainton&#13;
leave to print her letter, and considers that its&#13;
appearance in a collection of letters headed "The&#13;
Art of Authorship," and published as a book by&#13;
Mr. Bainton, is a breach of faith.&#13;
On receiving these letters it was decided to in-&#13;
vestigate the case a little and to appeal to a few of&#13;
our members, whose names were mentioned both in&#13;
the book and in public advertisement as "personal&#13;
contributors," and ascertain if they thought like-&#13;
wise.&#13;
It will not be possible to print all the replies in&#13;
full, but here are a few extracts :—&#13;
Mr. Alfred Austin says:—&#13;
"I answered Mr. Bainton's enquiries concerning&#13;
how I formed my style, from motives of courtesy&#13;
and good nature, and I hear of the use he has&#13;
made of what I wrote with surprise and regret."&#13;
Mr. Hall Caine :—&#13;
"The man wrote to me to say that he was about&#13;
to lecture on style to his young men, who were&#13;
enthusiastic readers of mine, etc., etc., and would&#13;
take it as an honour, etc., if I would write them a&#13;
letter on my personal aims and endeavours, early&#13;
efforts, etc., with much of the same sort. Of&#13;
course I was drawn by the silly subterfuge, and&#13;
when, some time later, a second letter asked for&#13;
permission to print my answer in a pamphlet that&#13;
was to contain 'the text of the lecture,' I was&#13;
once more made victim. It was not until the&#13;
book appeared that I realized that the man had&#13;
&#13;
&#13;
## p. 45 (#65) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
45&#13;
written to everybody, that his 'young men ' were&#13;
all fudge, that the book was the thing, and that,&#13;
thanks to the folly of folks like myself, he had got&#13;
it cheap."&#13;
Here it becomes evident that, at any rate to&#13;
novelists, Mr. Bainton employed an almost in-&#13;
variable form—the letter, in fact, which we began&#13;
by quoting. For Mr. Grant Allen, Mr. R. D.&#13;
Blackroore, Mrs. Lovett Cameron, Mr. W. S.&#13;
Gilbert, Mr. Rider Haggard, Mrs. Kennard, Mr.&#13;
George Meredith, Miss F. M. Peard, Mr. F. W.&#13;
Robinson, John Strange Winter, Mr. Edmund&#13;
Yates, and Miss Charlotte Yonge all were ignorant&#13;
that Mr. Bainton intended to print their remarks;&#13;
all believed that their assistance was being asked&#13;
by a clergyman and a stranger for his young people,&#13;
and none had an idea that they were being vic-&#13;
timised by a circular letter.&#13;
This simplicity is the more excusable that in the&#13;
specimens before us as we write, Mr. Bainton&#13;
distinctly says he is applying to "one or two"&#13;
authors. Unless one knows him personally before-&#13;
hand, how is the ordinary gentleman, how is the&#13;
ordinary lady, to have an idea that by this state-&#13;
ment Mr. Bainton may mean one or two hundred&#13;
authors?&#13;
Space will not allow that we should print more&#13;
than brief extracts from these authors' letters.&#13;
Mr. Rider Haggard says :—&#13;
"Some years ago Mr. Bainton, or some person,&#13;
wrote to me saying he was going to give a lecture,&#13;
and asked my opinion on certain literary matters.&#13;
I replied, and, if my memory serves me, stipulated&#13;
that if he printed anything, I should have a proof.&#13;
The other day I received a printed slip, which I&#13;
took for and corrected as a proof. On further&#13;
examination of covering letter, however, I found&#13;
it was an exiract from a printed book forwarded&#13;
for my perusal.&#13;
"I think it quite unjustifiable that matter&#13;
obtained for one purpose should be used for another&#13;
without reference to its author."&#13;
Mr. Bainton does appear in Mr. Rider Haggard's&#13;
case to have gone through the form of obtaining&#13;
permission to print his remarks, although he disre-&#13;
garded the stipulation that his request evoked. But&#13;
in some cases he appears to have gone more&#13;
directly to work.&#13;
Mr. George Meredith says:—&#13;
"I received a letter some weeks back from Mr.&#13;
Bainton, enclosing two printed pages of his book,&#13;
with his thanks to me for 'my kind permission'&#13;
that he might make public use of my private remarks&#13;
to his young men, through him, at his request, upon&#13;
styles in writing. I am not aware of having even&#13;
granted the permission. It would not have been in&#13;
accord with a system I hold to—which is, to spare&#13;
the public any talk upon my methods and doings.&#13;
If I wrote the words of the grant, I must have done&#13;
so heedlessly, and I shall require to see them in my&#13;
handwriting, before I can attach any belief to the&#13;
statement made by Mr. Bainton. The one object&#13;
of my writing, was to be of service to an audience&#13;
that he, ' a stranger to me, wrote of as being hungry&#13;
for literary instruction.'"&#13;
Mr. George Meredith is not singular in his belief&#13;
that, albeit Mr. Bainton says so, he never received&#13;
any permission.&#13;
Miss Charlotte Yonge believes the same. So&#13;
does Professor Huxley. Miss F. M. Peard&#13;
writes :—&#13;
"I am more surprised and annoyed than I can&#13;
say at hearing of the use Mr. Baintdn has made of&#13;
my answer. I imagined him to be a clergyman&#13;
rather at his wits' ends for subjects for parish&#13;
entertainments or lectures, and that he was merely&#13;
getting up the subject in the abstract. It did not&#13;
even occur to me that he would use my name in&#13;
talking about it, much less that he would drag it&#13;
into print. You will see that he speaks of 'an&#13;
e\ening's pleasant intercourse.'"&#13;
Miss Peard encloses Mr. Bainton's first—and&#13;
only—letter to her, which is almost the exact&#13;
counterpart of his letter to Mrs. Parr. Miss Peard,&#13;
like Mrs. Parr, is one out of "one or two," and&#13;
she also is appealed to because her books are&#13;
Mr. Bainton's cherished friends. Mr. Bainton is&#13;
evidently a man of lively sympathies.&#13;
Mr. Grant Allen says:—&#13;
"I was not aware Mr. Bainton meant to publish&#13;
in book form. Mr. Bainton only mentioned that he&#13;
wished for the information for an apparently private&#13;
lecture to young people. I was much annoyed at&#13;
the use Mr. Bainton made of my letter (which he&#13;
printed incorrectly). The details I gave were far&#13;
more personal than I should have dreamt of making&#13;
them had I expected them to be published. What&#13;
is perfectly allowable in answer to a private question&#13;
about one's own methods mayseem like impertinence&#13;
and bad taste if obtruded on the general public,&#13;
which never asked to know how one writes one's&#13;
books or articles."&#13;
Mr. R. D. Blackmore writes:—&#13;
"When I complied with Mr. Bainton's request&#13;
I was not aware that he intended to publish or even&#13;
print my words. His letter suggested that he wanted&#13;
aid in a lecture to young people and would use my&#13;
&#13;
&#13;
## p. 46 (#66) ##############################################&#13;
&#13;
46&#13;
THE AUTHOR.&#13;
reply for that purpose, and (as I naturally concluded)&#13;
for that purpose only. Now that I know the nature&#13;
of Mr. Bainton's book I do object to the use he&#13;
has made of a reply procured through the goodwill&#13;
due to a clergyman and for clerical purposes."&#13;
Mr. W. S. Gilbert writes :—&#13;
"When I complied with Mr. Bainton's request I&#13;
was not aware that it was that gentleman's intention&#13;
to publish my letter in book form. His first letter&#13;
to me suggested that he wanted aid in compiling a&#13;
lecture. I consider that he was not justified in&#13;
publishing my letter without my express permission.&#13;
His action appears to me to amount to a breach of&#13;
faith."&#13;
Mrs. Lovett-Cameron says:—&#13;
"I certainly had not the smallest idea that he&#13;
intended to publish the letter which I wrote to him.&#13;
He informed me that he was about to give a lecture&#13;
to young people, and I understood most clearly that&#13;
it was for this purpose alone that my letter would&#13;
be made use of. I do most strongly object to the&#13;
use he has made of my letter, and consider that in&#13;
publishing letters written to him for private use&#13;
only Mr. Bainton is guilty of a most unwarrantable&#13;
breach of faith."&#13;
On the other hand, the Bishop of Carlisle, Mr.&#13;
Thomas Hardy, and Sir John Lubbock have no&#13;
objection to the use Mr. Bainton has made of their&#13;
letters, while Mr. T. Marion Crawford writes as&#13;
follows : —&#13;
"Two or three years ago Mr. Bainton wrote&#13;
requesting me to give him an expression of my&#13;
opinions in regard to the course to be followed by&#13;
beginners, who would acquire some practical skill&#13;
in the use of the English language. I believe that&#13;
was the substance of his letter. Mr. Bainton&#13;
stated clearly that he wished to make use of my&#13;
answer in lecturing to young people.&#13;
"I complied with his request and wrote at some&#13;
length. I said that I would prefer my letter not&#13;
to be printed. Mr. Bainton wrote again to thank&#13;
me, but added, that if I would not consent to his&#13;
printing the matter, it could be of little service to&#13;
him. I then replied that since he so much desired&#13;
it, he might make any use he pleased of my com-&#13;
munication. The correspondence ended, and I&#13;
considered Mr. Bainton at liberty to print the&#13;
whole, parts, or a part of what I had written. I&#13;
now learn for the first time that he has published&#13;
a book, and I infer that something of mine has&#13;
appeared in it. I do not consider myself in any&#13;
way aggrieved, as Mr. Bainton's conduct towards&#13;
me was perfectly frank and consistent throughout."&#13;
But Mr. Marion Crawford has been better&#13;
used than many of Mr. Bainton's contributors.&#13;
It may seem that we have gone into this matter&#13;
at more length than the circumstances warranted.&#13;
As long as ladies and gentlemen are so far polite that&#13;
when they receive a letter, made to bear all thestamp&#13;
of a private letter in contradistinction to a circular,&#13;
they answer it, and so far charitable that, when they&#13;
are told a thing by a person they know nothing of,&#13;
they accept his statement, so long will ladies and&#13;
gentlemen be victims.&#13;
To the Editor of The Author.&#13;
Sir,&#13;
When I sent Mr. Bainton the letter published in&#13;
his book, I was not aware that it would ever be&#13;
printed. He wrote to me in September last, saying&#13;
that he wished to address "our young people"&#13;
upon the art of composition, and he had thought&#13;
that it would add "considerable interest and use-&#13;
fulness to an evening's pleasant intercourse" on&#13;
such a topic, if a few authors would give him their&#13;
personal experiences in acquiring their respective&#13;
styles.&#13;
It will be obvious to anyone, from the compo-&#13;
sition of my letter, that I had no thought of my&#13;
words being used verbatim. Some time afterwards&#13;
he wrote asking if he might make use of some parts&#13;
of my letter in a pamphlet in which he proposed to&#13;
preserve his lecture, and I gave him permission to&#13;
do so.&#13;
I cannot say that / particularly object to the use&#13;
he has made of it, though I do not think it was&#13;
quite fair to issue the opinions of authors in book-&#13;
form, after winning their confidences for a benevo-&#13;
lent purpose; but I do most utterly and strongly&#13;
condemn the great discourtesy of issuing such a&#13;
book without sending proofs of the matter to each&#13;
author (and I know one author of high standing&#13;
whose permission to print Mr. Bainton did not&#13;
trouble to ask for at all). I think far more of that&#13;
than I do of his having picked our foolish brains&#13;
to make profit for himself.&#13;
In my own case, probably a glance at proof&#13;
sheets would have caused me to amplify one of my&#13;
statements—that when I was a very young writer&#13;
"I found myself slipping into the Rhoda Broughton&#13;
school"—in such a way as to give a would-be witty&#13;
reviewer less chance of misrepresenting my meaning&#13;
and making merry over my comprehensive phrase.&#13;
For myself I would be the last to discuss criticism,&#13;
however flippant or unjust; but as Miss Broughton&#13;
may have seen the much-quoted article, and per-&#13;
haps have felt some annoyance through reading my&#13;
meaning with the writer's eyes, may I say here that&#13;
I meant no disrespect for the strong, vigorous, and&#13;
fascinating author, whose books have always&#13;
&#13;
&#13;
## p. 47 (#67) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
47&#13;
charmed me, and whose portrait hangs near me&#13;
each day as I work—but very much the reverse,&#13;
Miss Broughton would probably join her con-&#13;
tempt to mine for the host of imitators of her&#13;
style, whose work is a weak reflection of her&#13;
manner without any of her genius or her strength—&#13;
the "school" to designate which her name is com-&#13;
monly employed—and entirely agree with me that&#13;
if, as an inexperienced writer, I felt myself drifting&#13;
toward this justly despised group, it was well for&#13;
me—and perhaps for others—that I should re-&#13;
solutely set myself to work out a style of my own&#13;
rather than become even a successful imitator of&#13;
another.&#13;
It seems to me that cheap sneers at this kind of&#13;
effort are a little unworthy of a great literary&#13;
Review.&#13;
I am, Sir,&#13;
Your obedient servant,&#13;
John Strange Winter.&#13;
*&#13;
NOTES.&#13;
I. Copyright.&#13;
UNDER this head, and that of "The First&#13;
Principles of Literary Property," in the&#13;
first number of The Author, I find one&#13;
or two statements which, if not in terms erroneous,&#13;
are capable of misleading or unduly alarming&#13;
readers who do not know any law.&#13;
"Literary property," it is said, "is subject to the&#13;
laws which protect all other property." That it is&#13;
recognized and protected by law as something of&#13;
value is quite true; and probably this is all that&#13;
the writer meant. But "the laws which protect&#13;
property" differ greatly according to the kind of&#13;
property. Land is not protected in exactly the&#13;
same way as goods, and a trade mark and a copy-&#13;
right are again protected by means different from&#13;
those in use for tangible property, and differing in&#13;
details from one another. Let not the unwary&#13;
reader therefore imagine that he or she can have a&#13;
literary pirate dealt with as a thief. Copyright is&#13;
not, in the legal sense, a thing capable of being&#13;
stolen.&#13;
It is asked, "Does anybody take the trouble to&#13;
secure his copyright in a public lecture?" (meaning,&#13;
by the process of giving notice to two Justices of&#13;
the Peace as provided by the Act 5 and 6 Wm. IV,&#13;
c. 65). The answer is, probably not. But there&#13;
is an excellent reason for not doing it which the&#13;
author of "Notes on Copyright" seems to have&#13;
overlooked. The common law gives a sufficient&#13;
remedy without the help of the Act, as was decided&#13;
by the House of Lords in 1887, in Professor Caird's&#13;
case in Scotland {Caird v. Sime, 12 App. Ca. 326).&#13;
It is a question of fact whether the delivery of a&#13;
lecture implies authority to the hearers to republish&#13;
it. Whatever may have been the opinion of the&#13;
framers of the Act of William IV (which expressly&#13;
preserves the general law, only giving the benefit of&#13;
special new sanctions to lecturers who fulfil the&#13;
formalities of notice to two justices), no such&#13;
authority is presumed, as a matter of law, from the&#13;
mere fact of a lecture being delivered to a more or&#13;
less numerous audience. If there be any presump-&#13;
tion it seems to be the other way. In truth the&#13;
right to restrain the publication of an orally&#13;
delivered lecture is not copyright at all. It is&#13;
distinct from and antecedent to copyright, like the&#13;
right to restrain publication of one's private letters.&#13;
As that right is unaffected by the original letter&#13;
having become the property (for all purposes short&#13;
of publication) of the person to whom it was sent,&#13;
so the lecturer's right is unaffected by his lecture&#13;
having been orally delivered to a particular audience&#13;
or any number of audiences. The commentator&#13;
goes on to say that "a lecturer is powerless to protect&#13;
himself against unauthorized re-delivery." I am not&#13;
aware of any authority for this statement as regards&#13;
an unpublished lecture, and am not at all disposed&#13;
to agree with it. As for the exception of university&#13;
and certain other public lectures and discourses in&#13;
the Act of William IV, it has, by its express terms,&#13;
only the effect of leaving them in the same con-&#13;
dition as if the Act had not passed. Caird v. Sime&#13;
shows that at least some university lectures are&#13;
efficiently protected by the general law. Therefore&#13;
a person acting on the commentator's opinion that&#13;
sermons "seem to be clearly public property"&#13;
would be more likely to make practical acquaintance&#13;
with the nature and operation of an injunction than&#13;
to make his fortune by unlicensed reprints of pulpit&#13;
eloquence. When the writer adds that "there is&#13;
seldom any very great demandfor sermons, university&#13;
or college lectures," he is so far right that in these,&#13;
as in other kinds of literary production, the suc-&#13;
cessful and popular authors are a minority. Still,&#13;
both sermons and lectures are known to become&#13;
fairly successful books. It is the fact that the greater&#13;
part of Sir Henry Maine's works (for example) was&#13;
first delivered in the form of lectures. An uncon-&#13;
trolled right to print the matter which afterwards&#13;
became "Village Communities" from notes taken&#13;
in Maine's lecture room at Oxford would have been&#13;
a right of no small value. And the fact that no&#13;
attempt was ever made to exercise such a supposed&#13;
right is some evidence that no one at the time&#13;
imagined it to exist.&#13;
I have made these remarks only for the purpose&#13;
&#13;
&#13;
## p. 48 (#68) ##############################################&#13;
&#13;
48&#13;
THE A UTHOR.&#13;
of preventing misapprehension as to the existing&#13;
law. But I wish to add that I am wholly adverse&#13;
to the proposal of creating a new kind of performing&#13;
right in the recitation of verses or prose already&#13;
printed and published, and therefore already&#13;
enjoying the protection of ordinary literary copy-&#13;
right. Where is this kind of thing to stop? Why&#13;
should not Sydney Smith have had an exclusive&#13;
"performing right" in his jokes and anecdotes?&#13;
The author of "recitations" who wants to keep them&#13;
to himself has only not to publish the text, a pre-&#13;
caution quite consistent with privately printing any&#13;
number of copies that may be convenient. He can&#13;
then make his own terms with anyone who desires&#13;
to use it.&#13;
Frederick Pollock.&#13;
II. Charges for Corrections.&#13;
I suppose all authors have their grievances against&#13;
publishers. I have had mine. Yet, taking all in&#13;
all, I must say that I have been well treated oy my&#13;
English publisher. My advice to young authors&#13;
is—find a respectable publisher and stick to him.&#13;
But I have had a long-standing grievance against&#13;
printers, and I wonder whether The Author can&#13;
help me. Is there no means of checking the&#13;
charges for corrections?&#13;
I know that in good printing offices there is a&#13;
man specially appointed to check off charges for&#13;
corrections. But, in spite of that, there must be&#13;
something wrong in the system. The estimate&#13;
one receives from a printer seems at first sight&#13;
very reasonable. But when the bill comes, there&#13;
are always high charges for corrections, for extra-&#13;
small type, for foreign matter, for reading and&#13;
putting to press, &amp;c, so that one has often to pay&#13;
twice as much as the original estimate.&#13;
Much seems to me to depend on the judgment&#13;
and the good-will of the compositor in making&#13;
corrections. If a few words are put in by the&#13;
author, surely, with a little management, they&#13;
could be squeezed in; some other words might&#13;
be left out, or two paragraphs might be run into&#13;
one. But if, instead of that, ten or twenty pages&#13;
are disturbed, of course the bill is very much&#13;
swelled. One line too much on any one page is&#13;
looked upon as high treason in every printing office.&#13;
But surely it would matter less than twenty shillings&#13;
for re making twenty pages.&#13;
I know quite well what compositors will say.&#13;
Copy your MS., or have it copied and carefully&#13;
revised, and then the charges for corrections will&#13;
be next to nothing. My answer is, I am willing&#13;
to pay what is reasonable for my own careless&#13;
writing, and for my changing my mind at the last&#13;
moment. But I do not like to see corrections&#13;
treated as mere " fat."&#13;
F. Max Muller.&#13;
III. American Rights.&#13;
Before the collaboration of an American citizen&#13;
can procure copyright, the following conditions&#13;
must be borne in mind.&#13;
1. The American collaborator must not receive&#13;
a lump sum for his share of the work, but must&#13;
receive a portion of the royalty, i.e., he must have&#13;
a continuous interest in the sale of the work.&#13;
2. He must be a bond fide collaborator. Some&#13;
people suppose that it is sufficient for an American&#13;
citizen to write a paragraph, or even a sentence&#13;
only, put his name on the title page with that of&#13;
the author, and that the copyright is secured. It&#13;
is not so. In case of such a book being " pirated,"&#13;
he might be called to swear what he wrote before&#13;
a judge, who would order the " pirate " to take out&#13;
of the book the paragraph or sentence, or whatever&#13;
the American wrote, and then advise the " pirate"&#13;
to help himself to the rest. The collaborator must&#13;
be able to swear that he is the author of the book&#13;
quite as much as the European one, that there is&#13;
not in the book a single sentence he did not&#13;
approve of and sign, whether he actually wrote it&#13;
or not.&#13;
3. The European author must have a contract&#13;
with his American collaborator, in which the above&#13;
conditions are set down; and a copy of it must be&#13;
in the hands of the American publisher.&#13;
I think that all the good American publishers&#13;
would tell you that I am right.&#13;
At any rate, these are the conditions on which I&#13;
have published my " Jonathan and his Continent"&#13;
in America; and the "pirates." knowing it, have&#13;
not touched it—to the comfort of&#13;
Paul Blouet.&#13;
IV. The Raising of the Dead.&#13;
I have received the first number of The&#13;
Author, and, on lroking through it, it has&#13;
occurred to me that our members might possibly&#13;
be interested in the following personal experiences&#13;
bearing on the question as to whether a book that&#13;
has practically fallen dead can by any possibility&#13;
be revived.&#13;
The work to which I refer was, on its first&#13;
appearance, absolutely ignored by the London&#13;
literary organs of opinion, and the sales in con-&#13;
sequence fell, after the advertisements had ceased to&#13;
appear, to about ten copies a year. This continued&#13;
&#13;
&#13;
## p. 49 (#69) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
49&#13;
for three years, during which time I left no stone un-&#13;
turned in my efforts to bring the book into notice.&#13;
I sent copies to the number of thirty or more to such&#13;
of our most eminent thinkers and writers as 1 deemed&#13;
most likely to give it a favourable reception ; at the&#13;
same time sending second copies to the editors of&#13;
the most important literary journals, soliciting a&#13;
second inspection, and explaining in justification&#13;
that the work had not been run off at the point of&#13;
the pen, but had occupied ten years in preparation,&#13;
and four in actual construction and writing. But&#13;
the eminent writers, as Was only to be expected in&#13;
the case of a work sent to them in forma pauperis,&#13;
replied by courteous acknowledgments merely;&#13;
while my efforts to get a second hearing fiom the&#13;
editors completely failed—with the exception of the&#13;
editor of T/ie Spectator, who, with his usual fair-&#13;
mindedness, and a generosity which I shall not&#13;
soon forget, at once gave me a long and complU&#13;
mentary review, expressing at the same time his&#13;
surprise that the work had been allowed to fall&#13;
through. But it was too long after publication to&#13;
be of any service; the sales fell lower and lower;&#13;
and it seemed as if the book would now slip&#13;
quietly into oblivion.&#13;
Meantime one or two of the well-known writers,&#13;
to whom I had sent private copies, had evidently&#13;
glanced into the work, and had become sufficiently&#13;
interested in it to express the opinion that some-&#13;
thing further ought to be done to try and revive it.&#13;
After some consideration, and with the consent of&#13;
the publishers, I determined on my plan of campaign,&#13;
which was this: to bring out the unsold copies as&#13;
a new edition; to reduce the price from 14*. 10 51.;&#13;
to write a fresh preface; and, most important of all,&#13;
to concentrate and mass together in large advertise-&#13;
ments the best extracts I could select from the&#13;
various scattered notices which in the interim I&#13;
had succeeded in extorting from more or less un-&#13;
willing editors!&#13;
The effect of this new move was immediate and&#13;
decisive. The whole unsold edition of some 700&#13;
or 800 copies went off at the rate of forty or fifty a&#13;
month until it was exhausted; the demand increas-&#13;
ing rather than diminishing at the time when the&#13;
last copies were sold out.&#13;
The above recital, in view of the common&#13;
tradition that a book, once practically fallen dead,&#13;
cannot again be revived, seems to me to have some&#13;
interest for young authors struggling against adverse&#13;
fate; and it may perhaps be worth while to ask&#13;
here to which of the above circumstances the&#13;
resuscitation of the work was principally due. My&#13;
own feeling is that it was due not to the reduction&#13;
of price, for purchasers of that class of work are&#13;
not much affected by its price, in the first instance&#13;
at least; nor yet to the press notices taken singly,&#13;
although these no doubt were exceptionally strong;&#13;
but rather to their being massed together so as to&#13;
catch the eye in large and glaring advertisements.&#13;
At any rate it was on this theory that I acted at the&#13;
time, and the event, it must be admitted, fully&#13;
justified my anticipation. Now. that a work of a&#13;
serious character, on a wide and all-important&#13;
subject of human interest, and professing at least&#13;
to add another story to the hitherto existing super-&#13;
structures of thought on the same subject ; that a&#13;
book of this kind, I say, should have to save itself&#13;
from extinction by methods suitable rather to the&#13;
sale and success of some '" Pears' Soap" or " Hol-&#13;
loway's Pill," must give rise to considerations on&#13;
the curious conditions of literary success at the&#13;
present time well worthy the attention of all thinking&#13;
minds.&#13;
J. B. C.&#13;
*&#13;
LITERARY PUZZLES.&#13;
THE Ballad of Bold Turpin is to be found in&#13;
a volume called "Gaieties and Gravities,"&#13;
written by one of the authors of " Rejected&#13;
Addresses." The "one," I believe, was Horace&#13;
Smith. It was published in 1825, when Dickens&#13;
was a boy of fourteen, by Henry Colburn, of&#13;
New Burlington Street. It occurs in a sketch&#13;
called " Harry Halter the Highwayman," in which&#13;
two other efforts in verse also occur—the volumes,&#13;
indeed, are crammed with verses, sprightly and&#13;
jolly, and full of mad rhymes. The song, for&#13;
instance, called "Bachelor's Fare " follows that of&#13;
"Bold Turpin."&#13;
Funny and free are a Bachelor's revelries,&#13;
Cheerily, merrily passes his life;&#13;
Nothing knows he of connubial devilries,&#13;
Troublesome children and clamourous wife,&#13;
Free from satiety, care, and anxiety,&#13;
Charms in variety fall to his share,&#13;
Bacchus's blisses and Venus's kisses,&#13;
This, boys, this is the Bachelor's Fare.&#13;
A wife like a canister, chattering, clattering,&#13;
Tied to a dog for his torment and dread,&#13;
All bespattering, bumping and battering,&#13;
Hurries and worries him till he is dead.&#13;
Old ones are two devils haunted with blue devils,&#13;
Young ones are new devils raising despair;&#13;
Doctors and nurses combining their curses,&#13;
Adieu to full purses and Bachelor's Fare.&#13;
Through such folly days, once sweet holidays,&#13;
Soon are embittered by wrangling and strife&#13;
Wives turn jolly days to melancholy days,&#13;
All perplexing and vexing one's life.&#13;
&#13;
&#13;
## p. 50 (#70) ##############################################&#13;
&#13;
50 THE AUTHOR.&#13;
Children are riotous, maid-servants fly at us,&#13;
Mammy to quiet us growls like a bear;&#13;
Polly is squalling and Molly is bawling,&#13;
While dad is recalling his Bachelor's Fare.&#13;
When they are older grown, then they are bolder&#13;
grown,&#13;
Turning your temper and spurning your rule,&#13;
Girls through foolishness, passion or mulishness,&#13;
Parry your wishes and marry a fool.&#13;
Boys will anticipate, lavish and dissipate,&#13;
All that your busy pate hoarded with care;&#13;
Then tell me what jollity, fun or frivolity,&#13;
Equals in quality Bachelor's Fare?&#13;
*&#13;
QUESTIONS, CASES, AND&#13;
ANSWERS.&#13;
Now that authors have a medium to voice their&#13;
woes and, let us hope, their victories, we may look&#13;
forward to many questions of interest being thrashed&#13;
out. And, in order to set the ball rolling ever so&#13;
little a distance, may I crave space to point out&#13;
how—as it seems to me—authors can combine&#13;
and gather strength even in their hours of ease?&#13;
In short, what is wanted is an "Authors'&#13;
Club." There are many clubs in existence which&#13;
are partly intended for literary men and largely&#13;
patronised by them; but in every instance where&#13;
the club is accessible to the mass, other interests&#13;
have been introduced to the prejudice of literature&#13;
and the literary profession. In one case, it may&#13;
be the egotistic actor; in another, the aesthetic or&#13;
impressionistic painter; in a third, that blight on&#13;
society—the man who wishes you to remember&#13;
that he is a tenor. These introduce an element&#13;
which many authors feel to be jarring, if not&#13;
actually antagonistic. The general desire is for a&#13;
Lotos Eater's Land where neither jar nor an-&#13;
tagonism is possible; what is really sighed for is&#13;
"The Authors'Club."&#13;
Is not the profession strong enough to support&#13;
such a club? Cannot the Society of Authors pro-&#13;
vide the men who will help to make it a success?&#13;
Who will adopt the idea and give it their personal&#13;
support and service? The financial details could&#13;
easily be arranged, if a strong committee were ap-&#13;
pointed; and if the matter be mooted now, by the&#13;
time that the evenings draw in and the days grow&#13;
chill, "The Authors' Club" should be a fait&#13;
accompli. A. M.&#13;
Allow me to bring the following facts before the&#13;
readersof The Author. About two years ago I&#13;
had printed a mathematical work which I brought&#13;
to a well-known firm for publication in England in&#13;
conjunction with my Irish publishers. I paid the&#13;
former ;£io for advertising, but all that I ever saw&#13;
were two or three in the Saturday Revieiv. As a&#13;
result I find they have practically sold no copies&#13;
in England, and all that they have sold are about&#13;
30 copies in America, from which I infer that ad-&#13;
vertisement money has been spent there. Conse-&#13;
quently nearly all sales of my book were in Ireland,&#13;
and these have all been effected without any ad-&#13;
vertisement expenses. At the time of the publi-&#13;
cation of my book, the author of a book on the&#13;
same subject as my own was under an apprehen-&#13;
sion that the sale of the latter might interfere with&#13;
that of his, and I have reason to believe exerted&#13;
pressure on his publishers the same as those of my&#13;
book, not to push or in any way promote the sale&#13;
of the latter. All that they have done is to sell it&#13;
in America, which is but a poor return, as, besides&#13;
the difficulty of getting it off there, I am only&#13;
allowed barely 50 per cent, of the published price.&#13;
A. B.&#13;
The following case is submitted with the con-&#13;
viction that it is not by any means an isolated one.&#13;
A gentleman proposes to the Editor of a Magazine&#13;
to write a short article on a new book, and the&#13;
proposal is immediately accepted in writing. The&#13;
article is sent in, and at the request of the con-&#13;
tributor (who is leaving England for some months)&#13;
the Editor shortly afterwards forwards him a proof&#13;
of the article and a cheque at the current rate of&#13;
remuneration. A letter of inquiry from the writer&#13;
some months afterwards as to why the article has&#13;
not appeared elicits no information, and it turns&#13;
out that the article is not published. Has the&#13;
contributor any claim in this case for the loss of&#13;
that part of the remuneration which, it need hardly&#13;
be said, may be indirectly of quite as much&#13;
pecuniary consequence to him as the money-&#13;
payment? In the case of a daily paper a review-&#13;
is, as we all know, liable to be crowded out by&#13;
press of matter. But is the case of a magazine,&#13;
that does not in a general way review books, on&#13;
precisely the same footing?&#13;
As an aggravated instance of the business&#13;
methods described under "QuestionsandAnswers,"&#13;
No. 3, at page 9, of the May number of The Author,&#13;
I offer the following personal experience. I sent&#13;
a short story to the Editor of a fairly reputable and&#13;
outwardly prosperous London periodical, no doubt&#13;
regarded by its numerous readers as a marvel 01&#13;
enterprise and cheapness, enclosing, as I always&#13;
&#13;
&#13;
## p. 51 (#71) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
5*&#13;
do, a stamped directed envelope for the return of&#13;
the MS. if not required. I received neither manu-&#13;
script nor answer of any kind. I wrote repeatedly&#13;
after waiting some months, when to my surprise I&#13;
heard quite accidentally through a friend who&#13;
recognised my nam de plume that my story was then&#13;
actually being published in the magazine I had sent&#13;
it to, and which I do not always see. I waited a&#13;
month or two and wrote for payment. I wrote&#13;
two or three times more, but from first to last&#13;
I never had a reply to a single communication. I&#13;
then got the Secretary of the Society to write, and&#13;
he very kindly did write a pretty strong letter con-&#13;
taining a plain threat of the legal proceedings;&#13;
that produced an interview with the editor, an&#13;
apology, and a cheque. The whole affair took&#13;
about a year. Now does anyone believe that if I&#13;
had not by the merest fluke found that the story&#13;
had been printed, I should ever have had the&#13;
money to this day? I do not. I may add that&#13;
others have had similar experiences in the same&#13;
quarter, and the periodical in question continues&#13;
to be a marvel of enterprise and cheapness.&#13;
M. O. H.&#13;
What is the true position of affairs in such a&#13;
case as this? An author (young, struggling, and&#13;
inexperienced) fires off a composition—say a short&#13;
story—at the editor of a magazine. He either&#13;
writes with it to say he "encloses a MS. and hopes&#13;
it will prove suitable," or writes his name and&#13;
address on the back of it, and sends postage&#13;
stamps for its return.&#13;
The editor "begs to accept it, and encloses a&#13;
cheque from the proprietors for £5."&#13;
A few years later, less young, and perhaps less&#13;
struggling, the author wishes to republish some of&#13;
his former efforts in a volume, or has a chance of&#13;
re-selling them, but is confronted with the difficulty&#13;
that he really does not know whether he has the&#13;
right to with regard to a story originally disposed&#13;
of as indicated above. He asks himself and other&#13;
persons, "Who has the copyright?" Has the&#13;
writer been employed by the proprietor of the&#13;
magazine?&#13;
Have they a joint ownership?&#13;
Has the author sold the copyright right out?&#13;
Or has he only sold "serial rights?"&#13;
Ought not all books to be dated on the title-&#13;
page with the year and month of publication?&#13;
Ought not reviewers to state the price of books&#13;
in reviewing them, and if not, why not?&#13;
Is a contributor on the staff of more magazines&#13;
than one justified in proposing an article on the&#13;
same subject to them all contemporaneously, and&#13;
if more than one accept, selecting the acceptance&#13;
which pleases him best?&#13;
Ought a reviewer to write more than one review&#13;
of the same book?&#13;
Ought a publisher's advertisements in his own&#13;
magazine to be charged to the author? And can&#13;
a publisher charge such advertisements to the&#13;
author without first obtaining his consent to an&#13;
expenditure which goes into the publisher's own&#13;
pocket?&#13;
%—&#13;
In answer to your query I am detailing briefly&#13;
my own experience, and I understand that many&#13;
other authors have suffered similar treatment.&#13;
In 1882 I sent an article to""&#13;
(a well-known monthly): it was accepted. It ap-&#13;
peared 17 months afterwards. I was paid, however,&#13;
directly it appeared.&#13;
In 1885 I sent an article to""&#13;
(another well-known monthly), and I heard no&#13;
more of it. It may have appeared, or it may have&#13;
been lost. I have never seen it in proof, and I&#13;
have never been paid for it.&#13;
In this year I sent a short story to a journal with&#13;
a fair reputation and position. They cut it down,&#13;
and in so doing cut out a small episode—of itelf&#13;
unimportant—to which reference happened to be&#13;
made twice later on in the story. That is, they&#13;
made nonsense of my work. They did not pay&#13;
until three months after printing the story.&#13;
In 1889 I sent a story to a daily paper. They&#13;
did not accept it or refuse it, or acknowledge it.&#13;
One day I saw it in print, and three monihs after-&#13;
wards I received most inadequate payment for it.&#13;
It appears, however, that I have no remedy.&#13;
A Scribbler.&#13;
I sent a story to a weekly journal. They printed&#13;
it without acknowledgment almost directly after-&#13;
wards. I wrote a second—not knowing the fortu-&#13;
nate fate of the first—and sent it to them. Then&#13;
I heard that the first one had been printed. I&#13;
wrote to ask for payment. They did not answer.&#13;
I wrote again. They did not answer, but printed&#13;
my second story. Months afterwards, with no&#13;
apology, I received a cheque for both of them.&#13;
If these people had accepted my first story in the&#13;
usual manner, I should have looked for it, and&#13;
if I had been paid for it at the rate I eventually&#13;
received for the two, I should have never sent them&#13;
the second story. I can get more from a daily&#13;
provincial paper and get my money promptly, as&#13;
well as have proofs sent to me for correction. The&#13;
paper was" ."&#13;
A. E.&#13;
&#13;
&#13;
## p. 52 (#72) ##############################################&#13;
&#13;
52&#13;
THE AUTHOR.&#13;
AT WORK.&#13;
This column is reserved entirely for Members of the&#13;
Society, who are invited to keep the Editor&#13;
acquainted with their work and engagements.&#13;
&#13;
R. WILLIAM MICHAEL ROSSETTI&#13;
is at present engaged upon an annotated&#13;
edition of Shelley's "Adonais" for the&#13;
Clarendon Press. It will contain a considerable&#13;
amount of prefatory matter, and a long series of&#13;
notes. Mr. Rossetti is also engaged u|.on a scries&#13;
of articles, bearing the title "Portraits of Robert&#13;
Browning," which are appearing, with copious&#13;
illustrations, in J he Magazine of Art.&#13;
Mrs. Brightwen, who is one of the Vice-Presi-&#13;
dents of the Selborne Society, is issuing a small&#13;
book, entitled "Wild Nature Won by Kindness."&#13;
It will be illustrated partly by the author, and&#13;
partly by Mr. Carruthers Gould, and will be pub-&#13;
lished by Mr. T. Fisher Unwin.&#13;
Mr. T. Bailey Saunders has in the press&#13;
"Counsels and Maxims," being the second part&#13;
of Arthur Schopenhauer's "Aphorismen zur Le-&#13;
bensweisheit." It is to be uniform with the&#13;
"Wisdom of Life," the first part of the same work&#13;
(Swan, Sonnenschein, &amp; Co., 1 vol., 2s. 6d.). His&#13;
translation of Schopenhauer's "Religion: a Dia-&#13;
logue," and other Essays, is going into a second&#13;
edition.&#13;
Mr. H. G. Keene, CLE., is engaged in editing&#13;
an Oriental Biographical Dictionary. The work—■&#13;
founded on materials collected by the late Mr.&#13;
Thomas Beale, an assistant of Sir H. Elliot's—&#13;
was originally brought out in Calcutta undrr the&#13;
auspices of the Government of the North-West&#13;
Provinces. As the editor was at a distance from&#13;
the press, and his time was much forestalled by&#13;
his official occupation, a good many clerical and&#13;
typographical errors escaped attention; but the&#13;
book was found useful by scholars, and is now&#13;
scarce. Mr. Keene's edition, besides containing&#13;
corrections of these errors, will also include con-&#13;
siderable additional matter. It will be published&#13;
by Messrs. W. H. Allen &amp; Co., and the price, to&#13;
subscribers, will be 15J.&#13;
In the new edition of " Chitty on Contracts," now&#13;
being issued under the auspices of Mr. J. M. Lely&#13;
and Mr. Nevill Geary, there will be found (p. 665) a&#13;
recently settled agreement for publication on com-&#13;
mission, the author retaining his copyright. The&#13;
agreement was settled by the Society of Authors.&#13;
Miss Charlotte M. Yonge has in preparation a&#13;
story entitled "The Slaves of Sabinus." The scene&#13;
is laid in the time of Vespasian, and the book will&#13;
be published in the autumn season. The seventh&#13;
series of the "Cameos of English History," by the&#13;
same author, is now appearing.&#13;
Mr. W. A. Copinger, F.S.A., the author of&#13;
"The Law of Copyright in Works of Literature&#13;
and Art," has now in hand a Bibliography of the&#13;
various editions of the Latin Bible in the fifteenth&#13;
and sixteenth centuries, with full collations, and&#13;
fac similes of pages of the principal editions.&#13;
The life of "Carmen'Sylva," Queen of Rou-&#13;
mania—a translation from the German (Messrs.&#13;
Kegan Paul, Trench, Triibner, &amp; Co.)—contains&#13;
numerous extracts from the illustrious lady's poetry,&#13;
which have been gracefully rendered into English&#13;
by Sir Edwin Arnold.&#13;
"Thomas Dain, the Memoirs of an Irish Patriot,&#13;
1840-1846," is also announced by the same pub-&#13;
lisher. The author is Sir Charles Gavan Duffy&#13;
K.C.M.G.&#13;
M. Jusserand, author of "English Wayfaring&#13;
Life," and an honorary foreign member of our&#13;
Society, has revised and enlarged his work, "Le&#13;
Roman au temps de Shakespeare," and a translation&#13;
of it has just been issued (Mr. T. Fisher Unwin).&#13;
Miss Jane E. Harrison, author of " Myths of the&#13;
Odyssey, &amp;c," has written an introductory essay, with&#13;
archaeological comments, to Miss Verrall's work&#13;
upon Ancient Athens (Messrs. Macmillan &amp; Co.).&#13;
The Rev. Charles D. Bell, D.D., of Cheltenham,&#13;
has just published "A Winter on the Nile"&#13;
(Hodder and Stoughton, price 6s.), containing the&#13;
record of a tour up the Nile as far as the Second&#13;
Cataract, with a sojourn at Luxor and a description&#13;
of recent discoveries and antiquities at Bubastis&#13;
and the Fayoum.&#13;
Marion Crawford's new book, "A Cigarette&#13;
Maker's Romance," will be published this month&#13;
(Macmillan).&#13;
Mr. Edward Clodd's "Story of Creation" will&#13;
be issued in a cheaper edition next month by&#13;
Messrs. Longmans. An Italian translation will&#13;
also be published in Rome shortly.&#13;
Mr. Edmund Gosse announces the first three&#13;
volumes of an International Library, under his&#13;
editorship (William Heineman). Cine is from&#13;
the French, one from the German, and one from&#13;
&#13;
&#13;
## p. 53 (#73) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
53&#13;
the Norwegian. A search is to be made on all&#13;
hands and in all languages for such books as com-&#13;
bine the greatest literary value with the most&#13;
curious and amusing qualities of manner and&#13;
matter. If such a search is only rewarded by&#13;
a modicum of success a large body of readers&#13;
should be placed under a great debt to editor and&#13;
publisher.&#13;
A new edition of Lamb's "Adventures of Ulysses'&#13;
will be issued shortly, edited by Mr. Andrew&#13;
I-arig.&#13;
The Open Court—a Chicago journal—is at&#13;
present publishing a series of papers by Mr. T.&#13;
Bailey Saunders, constituting a short critical re-&#13;
view of recent theories on the Origin of Reason.&#13;
Miss Mary Rowsell is engaged upon a biography&#13;
of Charlotte de la Tremouille, Countess of Derby&#13;
(the I^idy of Lathom), (Vizetelly &amp; Co.). The book&#13;
is to form one of a series of Romantic Biographies.&#13;
Miss Rowsell is also dramatizing her novel "The&#13;
Red House."&#13;
Mr. Oswald Crawfurd, C.M.G., Her Majesty's&#13;
Consul at Oporto, author of " Portugal: Old and&#13;
New," "Beyond the Seas," "Sylvia Arden," is&#13;
working upon the final revise of "Round the&#13;
Calendar in Portugal," a book dealing chiefly with&#13;
rural life and rural themes in that country. The&#13;
work is copiously illustrated by Miss Dorothy&#13;
Tennant, Mrs. Arthur Walter, Miss Alice Wood-&#13;
ward, Miss Winifred Thomson, Mr. Tristram Elles,&#13;
Mr. Ambrose Lee, and the author.&#13;
Mr. William Sharp has written a memoir of the&#13;
great critic to be prefixed to Sainte Beuve's Essays,&#13;
which are announced by Mr. David Stott, as a&#13;
volume in a new series, entitled " Masterpieces of&#13;
Foreign Authors."&#13;
The latest volume of the Camelat Series,&#13;
"Northern Studies," is by Mr. Edmund Gosse;&#13;
the latest volume of the Canterbury Series, "Great&#13;
Oder," has been selected and edited by Mr.&#13;
William Sharp (Walter Scott).&#13;
A new edition of "The Story of a Marriage," by&#13;
L. Baldwin, will appear immediately (Ward and&#13;
Downey).&#13;
"The Roll of the Highland Clans." This is a&#13;
sheet somewhat similar to "The Roll of Battle&#13;
Abbey," about 34 inches by 24 inches, on which is&#13;
an inner scroll bearing the names of the principal&#13;
cadets, the badge, and coloured specimen of the&#13;
Tartan of each Clan. It has been prepared by&#13;
Mrs. Philip Champion de Crespigny, and is sub-&#13;
scribed in a limited edition by Mr. Bernard&#13;
Quaritch, at a guinea.&#13;
Dr. Beattie Crozier, whose book, "Civilization&#13;
and Progress," met with such success last year, has&#13;
in hand a book dealing with the Labour Question.&#13;
The book will be a sequel to "Civilization and&#13;
Progress," and will be published by Messrs. Long-&#13;
mans &amp; Co.&#13;
Mrs. Kennard has begun a new novel in London&#13;
Society, entitled "A Homburg Beauty." Her&#13;
story, "That Pretty Little Horse-breaker," will run&#13;
upon the Syndicate System with Mr. Tillotson, at&#13;
the end of this year.&#13;
"John Strange Winter " will also employ the Syn-&#13;
dicate System over her new novel. This will run&#13;
as a serial in various newspapers from September&#13;
to December.&#13;
Mr. H. J. B. Montgomery, author of "The&#13;
British Navy in the present Year of Grace," is&#13;
publishing some reminiscences of the Naval&#13;
Service in the Naval and Military Argus. These&#13;
will shortly appear in book form.&#13;
The names of subscribers to Mr. W. F. Smith's&#13;
"Rabelais " are rapidly coming in. It is expected&#13;
that the book will go to press almost immediately.&#13;
The agent for The Author is Mr. A. P. Watt.&#13;
Mr. Rudyard Kipling's "A Conference of the&#13;
Powers," which appeared in The United Services&#13;
Magazine in this country, was also published&#13;
simultaneously in America, Australia, and India.&#13;
Mr. Bret Harte is engaged writing a short story&#13;
for a syndicate of newspapers.&#13;
Henry Herman is about to issue shortly&#13;
"Between the Whiffs" (Arrowsmith). The book is&#13;
a collection of theatrical anecdotes which have&#13;
appeared in various journals.&#13;
William Werlah is writing a fifty thousand word&#13;
romance for Lippincotfs Magazine, which will&#13;
probably appear in the August number. The&#13;
title of it is "Roy the Royalist." It is mainly a&#13;
romance of adventure, but in part historical. The&#13;
interest centres round the siege of St. Jean d'Acre&#13;
(1799), and among the characters introduced are&#13;
Bonaparte, Sir Sidney Smith, and Ahmed Dgezzar,&#13;
the famous Pacha of Syria.&#13;
&#13;
&#13;
## p. 54 (#74) ##############################################&#13;
&#13;
54&#13;
THE AUTHOR.&#13;
NEW BOOKS AND NEW EDITIONS.&#13;
Allincham, Herbert W., F.R.C.S. Treatment&#13;
of Internal Diseases of the Knee-joint. J. A.&#13;
Churchill and Co. i vol. 5s.&#13;
Archer, William. William Charles Macready.&#13;
Eminent Actor Series. Kegan Paul, Trench,&#13;
Triibner and Co. 1 vol. 2s. 6d.&#13;
Besant, Walter. Herr Paulus. Chatto and&#13;
Windus. 1 vol. 2s.&#13;
"Bickerdyke, John." The Book of the All-round&#13;
Angler. L. Upcott Gill. 1 vol. 5s. 6d.&#13;
Large Paper Edition. 25*.&#13;
Black, William. The Penance of John Logan.&#13;
Sampson Low, Marston and Co. 1 vol.&#13;
6s.&#13;
Blackmore, R. D. Mary Annesley. Cheap&#13;
Edition. Sampson Low. 1 vol. 2^.&#13;
Springhaven: a Tale of the Great War.&#13;
Sampson Low, Marston and Co. 1 vol. 6*.&#13;
Blind, Mathilde. The Journal of Marie Bash-&#13;
kirtseff. Cassell and Co. 1 vol.&#13;
Bramston, M., and Coleridge, C. R. Truth&#13;
with Honour. Smith and Innes. 1 vol. 5^.&#13;
Browning, Oscar. The Life of George Eliot.&#13;
1 vol. Walter Scott.&#13;
Calmour, A. C. Confessions of a Doormat. F. V.&#13;
White and Co. 1 vol. if.&#13;
Clifton, Alice. An Unwilling Wife. Reming-&#13;
ton and Co. 6.?.&#13;
Collins, Mabel. Ida; An Adventure in Morocco.&#13;
Smith, Elder and Co. 1 vol. is.&#13;
Cooke, C. W. Radcliffe, M.P. Four Years in&#13;
Parliament, with Hard Labour. A reprint,&#13;
with additions, of articles which have appeared&#13;
in The Times and National Rwiew. 1 vol.&#13;
W. H. Allen and Co.&#13;
Four Years in Parliament with Hard Labour.&#13;
W. H. Allen. 1 vol. 2s. 6d.&#13;
Copincer, W. A., F.S.A. A Treatise on Pre-&#13;
destination, Election, and Grace. Jas. Nisbet.&#13;
1 vol. 10s. 6d.&#13;
Crawford, T. Marion. Sarinesca. New Edition.&#13;
Messrs. Blackwood and Sons. 1 vol. 6s.&#13;
With the Immortals. New Edition. 1 vol.&#13;
Macmillan and Co.&#13;
Cunningham, Dr. W. Growth of English Indus-&#13;
try and Commerce, Early and Middle Ages.&#13;
Cambridge University Press.&#13;
Davies, Helen. For so Little. Swan Sonnen-&#13;
schein and Co. 1 vol. 6/.&#13;
Edwardes, Charles. Sardinia and the Sardes.&#13;
Richard Bentley and Son. 1 vol.&#13;
Erichsen, J. Eric, F.R.S. The Art of Surgery.&#13;
9th Edition. In 2 vols. Longmans and Co.&#13;
$2S.&#13;
Esler, E. Rentoul. The Way of Transgressors.&#13;
Sampson Low 3 vols. 3 if. 6d.&#13;
Ffoulkes, L. Florence. Sunlight and Shade:&#13;
Poems. Field and Tuer. 1 vol. 6s.&#13;
Frazer, J. G. The Golden Bough : a Study in&#13;
Comparative Religion. Messrs. Macmillan&#13;
and Co. 2 vols. 28^.&#13;
Garnett, Dr. Richard. Iphigenia in Delphi;&#13;
with some translations from the Greek, being&#13;
Vol. IV of the Cameo Series. T. Fisher&#13;
Unwin. 1 vol. 3s. 6d.&#13;
Gilchrist, R. Murray. Passion the Plaything.&#13;
William Heineman. 1 vol. 35. 6d.&#13;
Gosse, Edmund. On Viol and Flute: Lyrical&#13;
Poems. With frontispiece by L. Alma&#13;
Tadema, R.A., and tailpiece by Hamo&#13;
Thornycroft, R.A. Kegan Paul, Trench,&#13;
Triibner and Co. 1 vol. 6s.&#13;
Hake, Dr. J. Gordon. New Day Sonnets.&#13;
Remington and Co. 1 vol. $s.&#13;
Harland, Henry. Two Women or One. Cassell&#13;
and Co.&#13;
Hollingshead, J. Niagara Spray. Chatto and&#13;
Windus. 1 vol.&#13;
"H.R.H." Prince Maurice of Statland. Reming-&#13;
ton and Co. 1 vol. 6s.&#13;
Lothair's Children. Remington and Co. 1&#13;
vol. 6s.&#13;
Huxley, Prof. T. H., F.R.S., &amp;c. Autobiography.&#13;
Swan Sonnenschein and Co.&#13;
Jennings, Hargrave (the late), author of The&#13;
Rosicrucians; their Rites and Mysteries. The&#13;
Indian Religion; or, Results of the Mysterious&#13;
Buddhism: concerning that also which is to&#13;
be understood in the Divinity of Fire. Kegan&#13;
Paul, Trench, Triibner and Co. 1 vol.&#13;
1 os. 6d.&#13;
Jusserand, J. J. (Hon. Member). The English&#13;
novel in the time of Shakespeare. Translated&#13;
by Elizabeth Lee. T. Fisher Unwin. 1 vol.&#13;
21S.&#13;
Keary, C. F. A Mariage de Covenance. T.&#13;
Fisher Unwin. 2 vols. 21s.&#13;
&#13;
&#13;
## p. 55 (#75) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
55&#13;
Kipling, Rudyard. The Story of the Gadsleys.&#13;
Sampson Low, Marston and Co. i vol&#13;
is.&#13;
Lankester, Prof. E. Ray, M.A., LL.D., F.R.S.&#13;
The Advancement of Science. Macmillan&#13;
and Co. i vol. io*. 6d.&#13;
Lawless, Emily. With Essex in Ireland. Smith,&#13;
Elder and Co. i vol. 7.?. 6d.&#13;
Lely, J. M., and Geary, Nevill. Chitty on&#13;
Contracts. 12th Edition. Newly arranged&#13;
in 27 chapters, with much added matter, and&#13;
increased facilities for reference. Sweet Max-&#13;
well, Limited. 1 vol.&#13;
Lytton, Earl, G.C.B. The Ring of Amasis.&#13;
Macmillan and Co. 1 vol. 3*. 6d.&#13;
. McCarthy, Justin H., M.P. The French Revo-&#13;
lution. Chatto and Windus. Vol. I and II.&#13;
12s. each.&#13;
McCarthy, Justin, M.P., and Praed, Mrs.&#13;
Campbell. The Ladies' Gallery. 1 vol.&#13;
2s. 6d.&#13;
Mackail, J. W. The Eclogues and Georgics of&#13;
Virgil. Rivingtons. 1 vol. 5-r.&#13;
Martineau, Dr. James. The Seat of Authority in&#13;
Religion. Longmans and Co.&#13;
Middlemore, S. G. C. Civilization of the&#13;
Renaissance in Italy. A Translation of Buck-&#13;
hardt's work. 1 vol. Swan Sonnenschein and&#13;
Co.&#13;
Montgomery, H. J. B. The British Navy in the&#13;
present year of Grace. Hamilton, Adams&#13;
and Co. 3 vols. Price 6.r. each vol.&#13;
Morrison, W. D. The Jews under Roman Rule.&#13;
1 vol. 5s.&#13;
Murray, D. Christie, and Herman, Henry.&#13;
The Bishops' Bible. Chatto and Windus. 3&#13;
vols. 31s. 6d.&#13;
Nicoll, Dr. W. Robertson, and Macnicoll, A.&#13;
N. Prof. W. G. Elmslie, D.D., Memoirs and&#13;
Sermons. Hodder and Stoughton.&#13;
Oliphant, Mrs. The Duke's Daughter, and the&#13;
Fugitives. W. Blackwood and Sons. 3 vols.&#13;
31 s. 6d.&#13;
Payn, James. Notes from the "News." Chatto&#13;
and Windus. 1 vol. is.&#13;
Pollock, Sir Frederick, Bart. The Law of&#13;
Torts. Stephens. 1 vol.&#13;
"Rita." A Society Scandal. Trischler and Co.&#13;
Robinson, F. Mabel. Irish History for English&#13;
Readers. 4th Edition. Methuen and Co.&#13;
1 vol. If.&#13;
Robinson, F. Mabel. A Woman of the World.&#13;
Smith, Elder and Co. 3 vols. 31J. 6d.&#13;
The Plan of Campaign. Methuen and Co.&#13;
1 vol. 6s.&#13;
"Robert Browning." Personal Notes. Fisher&#13;
Unwin. 1 vol. 4.?. 6d.&#13;
Rossetii, William Michael. Dante Gabriel&#13;
Rossetti, as Designer and Writer. This book&#13;
is divided into four parts: (1), An account of&#13;
Rossetti's Works of Art under their dates; (2),&#13;
A similar account of his Writings; (3), A Prose&#13;
Paraphrase of The House of Life; (4), A&#13;
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Cassell and Co.&#13;
Saunders,E. S. G. Jacob: a Poem. Y.M.C.A.&#13;
6d.&#13;
Seeley, Prof. J. R. Livy. Book I. Clarendon&#13;
Press. 6s.&#13;
Seton-Karr, H. W. Ten Years' Travel and&#13;
Sport in Foreign Lands. A New Edition&#13;
1 vol. Chapman and Hall. $s.&#13;
Stedman, A. M. M. Oxford: its Life and Schools.&#13;
Methuen and Co. 1 vol. 5J.&#13;
Toynbee, William. Lays of Common Life.&#13;
Remington and Co. 1 vol. 35. 6d.&#13;
Traill, H. D. Saturday Songs. W. H. Allen&#13;
and Co. 1 vol. $s. 6d.&#13;
Tytler, Sarah. French Janet. Smith, Elder&#13;
and Co. 1 vol. 2s.&#13;
Vallings, Harkold. The Quality of Mercy.&#13;
Gardner and Co. 2 vols. 21s.&#13;
Vaughan, Very Rev. C. J., Master of the Temple,&#13;
The Epistle to the Hebrews. Macmillan and&#13;
Co. 1 vol.&#13;
Walford, Edward, M.A. Tales of our Great&#13;
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y. 6d.&#13;
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V. White and Co. 1 vol. is.&#13;
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is. 6d.&#13;
Mrs. Bob. New Edition. F. V. White and&#13;
Co. 1 vol. 2s. 6d.&#13;
Yonge, Miss Charlotte. The Reputed Change-&#13;
ling: a Story of the period of James II, and&#13;
William III. Macmillan and Co. 2 vols.&#13;
12s.&#13;
&#13;
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## p. 56 (#76) ##############################################&#13;
&#13;
56&#13;
A D VER TISEMENTS.&#13;
"THE LITERARY HAJYDJWAID OF THE&#13;
CHURCH."&#13;
HENRY GLAISHER, 95, STRAND. Price ONE SHILLING.&#13;
NOW READY.&#13;
This pamphlet is a reply to the invitation' issued by the Publication Committee of the Society for&#13;
the Promotion of Christian Knowledge in their Report of last year, for any suggestions, which they "will&#13;
gladly receive," on the best way of making "the Venerable Society the most efficient literary handmaid&#13;
of the Church of England throughout the world."&#13;
The suggestions offered in these pages contain, first, some of the elementary principles which guide&#13;
honourable men in the administration of literary property. The writer next advances three cases, as&#13;
illustrating the methods adopted by the Society. A copy of this pamphlet will be sent to any member of&#13;
the Society by application to the Office, including two postage stamps.&#13;
THE METHODS OF PUBLICATION,&#13;
BY S. S. SPRIGGE, B.A.&#13;
NEARLY READY.&#13;
This book, compiled mainly from documents in the office of the Society of Authors, is intended to&#13;
show a complete conspectus of all the various methods of publication with the meaning of each; that is to&#13;
say, the exact concessions to publishers and the reservation of the owner and author of the work. The&#13;
different frauds which arise out of these methods form a necessary part of the book. Nothing is advanced&#13;
which has not been proved by the experience of the Society.&#13;
&#13;
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## p. 57 (#77) ##############################################&#13;
&#13;
A D VER TISEMEN IS.&#13;
57&#13;
MESSRS. WHITTAKER'S BOOKS OF REFERENCE.&#13;
Large post Zvot doth js. 6d.; half bound, 9*.&#13;
SOBRIQUETS AND NICKNAMES. By Albert&#13;
Krey. With an Index arranged by True Names.&#13;
'• The first work that has been devoted to the explanation and derivation&#13;
of the numberless witty and sometimes abusive appellations ... it&#13;
deserves the heartiest praise."—Glasgow Herald.&#13;
"More than five thousand subjects are given, and the information&#13;
supplied is trustworthy and often extensive; a close scrutiny of the book&#13;
shows the work to be thoroughly done."—Notes and Queries.&#13;
"Offers an ample fund of information and amusement—deserves a place&#13;
in every well-chosen library."—Morning Post.&#13;
A Dictionary 0/Parisisms and French Slang. Large Post Bcw, ior. &amp;/.&#13;
ARGOT AND SLANG. A New French and English&#13;
Dictionary of the Cant Words, Quaint Expressions, Slang Terms,&#13;
and Flash Phrases used in the High and Low Life of Old and New&#13;
Paris. By A. Bakkere, Officierde PInstruction Publique, Professor&#13;
R. M. Academy, Woolwich.&#13;
The work treats of the cant of thieves; the jargon rf Parisian&#13;
roughs; the military-, naval, parliamentary, academical, legal, and&#13;
freemasons' slang, of that of the workshop, the studio, the stage, the&#13;
boulevards, the demimonde.&#13;
A Companion to the Works op Allan Ramsay, R. Burns, Sir&#13;
W. Scott and all the Scottish Poets.&#13;
Just published* large post Bvo, cloth, 71. 6d., or half bound 8*. 6t£.&#13;
a dictionary of lowland scotch,&#13;
with an Introductory chapter on the Literary History and the Poetry&#13;
and Humour of the Scottish language, and an appendix of Scottish&#13;
Proverbs. By Charles Mack ay, LL.D.&#13;
Also a large paper edition, limited to 125 copies, each numbei ed&#13;
and signed by the Author, of which a few are still on sale, in Vellum,&#13;
at £1 5*., and in Roxburgh, at £1 10s.&#13;
I-ondon: WHITTAKER &amp; Co., Paternoster Square.&#13;
THE SURVEY OF WESTERN&#13;
PALESTINE.&#13;
Only 17 sets of this magnificent work nmv remain. It will&#13;
never be reprinted, with the exception of the two volumes&#13;
"Flora and Fauna " and "Jerusalem." The price of the&#13;
set is 25 guineas. It consists of the following in seven&#13;
uniform and handsomely bound volumes, i/to.&#13;
THE MEMOIRS. Being the Notes taken in the Field&#13;
by Major Conder, D.C.L., R.E., and Colonel Kitchener C. M.G.,&#13;
A.D.C.R.E., re-written and arranged after their return. With&#13;
thousands of illustrations of tombs, ruins, &amp;c, drawn expressly for&#13;
these volumes, and not to be found anywhere else. 3 vols.&#13;
THE NAME LISTS. Transliterated from the Arabic&#13;
with translation by Major Conder, R.E., and edited by Professor E.&#13;
H. Palmer. 1 vol.&#13;
THE VOLUME OF SPECIAL PAPERS. Con-&#13;
sisting mostly of reprints of important papers from the "Quartelly&#13;
Statement," by Col. Sir Charles Wilson, K.C.B., K.C.M.O., F.R.S.,&#13;
D.C.L., LL.D., R.E. ; Col. Sir Charles Warren.G.C.M.G.,K.C.B.,&#13;
F.R.S., R.E.: Major Conder, D.C.L., R.E.; M. Clermont-&#13;
Ganneau, Mr. Greville Chester, &amp;c. 1 vol.&#13;
THE FLORA AND FAUNA OF PALESTINE.&#13;
With many Illustrations (hand-paintedl By Canon Tristram,&#13;
LL.D., F.R.S. 1 vol.&#13;
THE JERUSALEM VOLUME. With a Portfolio&#13;
of 50 Plates. By Col. Sir Charles Warren, G.C.M.G., and Major&#13;
Conder, D.C.L., R.E. 1 vol.&#13;
THE MAPS.&#13;
An ninitmted Circular, giving all information about the above, will be&#13;
lent, post free, on application.&#13;
Published far the Palestine Exploration Fund by&#13;
Alexander P. Watt, 2, Paternoster Square, E.C.&#13;
Sent, post free, upon application.&#13;
A Complete Catalogue of Works published by&#13;
MESSRS. BELL,&#13;
Containing the following Standard Works, which they&#13;
think will be found peculiarly suitable to Authors as&#13;
Works of Reference.&#13;
Bibliotheca Classica. 26 vols. (Onlyfewsetsleft).&#13;
Bohn's Dictionary of Poetical Quotations.&#13;
Fourth Edition.&#13;
Bryan's Dictionary of Painters and&#13;
Engravers. 2 volumes. New Edition, Revised. By&#13;
Walter Armstrong and others.&#13;
Cooper's Biographical Dictionary. 2volumes.&#13;
Denton's England in the Fifteenth Century.&#13;
Dodd's Epigrammatists. The most complete&#13;
work on Epigrams yet issued.&#13;
Gasc's Concise Dictionary of the French&#13;
and English Languages. Fourth Edition, Revised.&#13;
Grimm's Teutonic Mythology. 4 Volumes.&#13;
Guest's History of English Rhythms.&#13;
Lewin's Life and Epistles of St. Paul.&#13;
Illustrated. 2 volumes.&#13;
Long's Decline of the Roman Republic.&#13;
5 volumes.&#13;
Lowndes' Bibliographer's Manual of&#13;
English Literature. In 11 parts or 4 volumes.&#13;
Lupton's Life of Dean Colet.&#13;
Redgrave's Dictionary of Artists of the&#13;
English School.&#13;
Smith's Synonyms and Antonyms.&#13;
Sowerby's English Botany. 12 volumes.&#13;
Cloth, Half Morocco, and Whole Morocco.&#13;
Stevenson's Dictionary of Roman Coins.&#13;
(Republican and Imperial).&#13;
Strickland's Lives of the Queens of England.&#13;
8 volumes.&#13;
Webster's English Dictionary. In Cloth,&#13;
Half Calf, Calf or Half Russia, and Russia.&#13;
Webster's English Dictionary with Appen-&#13;
dices. Cloth, Half Calf, Calf or Half Russia, or Russia.&#13;
Wheeler's Noted Names of Fiction.&#13;
Wright's Dictionary of Obsolete and Pro-&#13;
vincial English. 2 volumes.&#13;
The following Works are offered at Reduced Prices.&#13;
Archer's British Army.&#13;
Bloxam's Ecclesiastical Architecture. 3 vols.&#13;
Burn's Rome and the Campagna.&#13;
Burn's Old Rome.&#13;
Castle's Schools and Masters of Fence.&#13;
Davies's Supplementary English Glossary.&#13;
Dyer's Ancient Athens.&#13;
Palmer's Desert of the Exodus. 2 Volumes.&#13;
(Only 12 Copies left).&#13;
Palmer's Folk Etymology. (Only8ocopies left.)&#13;
Scrivener's Codex Bezae.&#13;
Smith's Synonyms Discriminated.&#13;
London: GEORGE BELL &amp; SONS, York St., Covent Garden.&#13;
&#13;
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## p. 58 (#78) ##############################################&#13;
&#13;
5S AD VER TISEMENTS.&#13;
TYPE-WRITING!&#13;
TO AUTHORS!&#13;
AUTHORS' MSS., LECTURES, SPEECHES,&#13;
ESSAYS, and REPORTS Copied at 1/3 per&#13;
1,000 Words.&#13;
MS. Type-written at ij- per 1,000. Duplicate&#13;
Copies 6d. per 1,000 (for over 10,000 words).&#13;
Plays from 5/- per act. Shorthand Writers and&#13;
Type-writers sent out to Hotels.&#13;
For further particulars write or call at—&#13;
TYPE-WRITING HEADQUARTERS,&#13;
Type-Writers Sold and Let on Hire.&#13;
38, KING WILLIAM STREET, E-C.&#13;
Booh and Jobbing Printers, and Lithographers.&#13;
THE METROPOLITAN SCHOOL OF SHORTHAND, Ltd.,&#13;
27, Chancery Lane, W.C.&#13;
Estimates given for all kinds ok Printing.&#13;
TELEPHONE NO. 2801. TELEGRAMS "SHORTHAND." LONDON.&#13;
MRS. OXXiIi,&#13;
Misses GILL &amp; CARPENTER,&#13;
TYPE-WRITING OFFICE,&#13;
ST. PAUL'S CHAMBERS, 19, LUDGATE HILL, EX.&#13;
TYPE-WRITING OFFICES,&#13;
Authors' MSS. carefully copied from&#13;
i/- per 1,000 words. One additional copy&#13;
(carbon) supplied free of charge.&#13;
6, ADAM STREET,&#13;
References kindly permitted to many&#13;
well-known Authors and Publishers.&#13;
Further particulars on application.&#13;
STRAND, W.C.&#13;
OBJECTS OF THE SOCIETY.&#13;
1. The maintenance, definition, and defence of literary property.&#13;
2. The consolidation and amendment of the laws of Domestic Copyright.&#13;
3. The promotion of International Copyright.&#13;
The first of these objects requires explanation. In order to defend Literary Property, the Society acts as&#13;
follows:—&#13;
a. It aims at defining and establishing the principles which should rule the methods of publishing.&#13;
ft. It examines agreements submitted to authors, and points out to them the clauses which are&#13;
injurious to their interests.&#13;
7. It advises authors as to the best publishers for their purpose, and keeps them out of the hands&#13;
of unscrupulous traders.&#13;
f.. It publishes from time to time, books, papers, &amp;c, on the subjects which fall within its province.&#13;
6. In every other way possible the Society protects, warns, and informs its members as to the&#13;
pecuniary interest of their works.&#13;
WARNINGS.&#13;
Authors are most earnestly warned—&#13;
(1) Not to sign any agreement of which the alleged cost of production forms an integral part,&#13;
unless an opportunity of proving the correctness of the figures is given them.&#13;
(2) Not to enter into any correspondence with publishers, who are not recommended by experienced&#13;
friends, or by this Society.&#13;
(3) Never, on any account whatever, to bind themselves down to any one firm of publishers.&#13;
(4) Not to accept any proposal of royalty without consultation with the Society.&#13;
(5) Not to accept any offer of money for MSS., without previously taking advice of the Society.&#13;
(6) Not to accept any pecuniary risk or responsibility without advice.&#13;
(7) Not, under ordinary circumstances, when a MS. has been refused by the well-known houses,&#13;
to pay small houses for the production of the work.&#13;
&#13;
&#13;
## p. 58 (#79) ##############################################&#13;
&#13;
A D VER riSEMEN TS.&#13;
iii.&#13;
THE BAR-LOCK TYPE-WRITER saves the eyesight.&#13;
THE BAR-LOCK TYPE-WRITER prevents writer's cramp.&#13;
THE BAR-LOCK TYPE-WRITER prevents round shoulders.&#13;
THE BAR-LOCK TYPE-WRITER enables you to keep pace&#13;
with your thoughts, the operation requires less mental&#13;
effort than the use of a pen, allowing you to concentrate&#13;
your mind more fully on the matter you are writing on.&#13;
The writing of the BAR-LOCK TYPE-WRITER is equal to a printed proof, and can be used as&#13;
such for corrections, thus saving large printer's charges which are sufficient in many books to defray the&#13;
cost of a Bar-Lock.&#13;
Supplied for Cash, or on our Hire Purchase System.&#13;
CORRESPONDENCE AND INSPECTION INVITED.&#13;
W. J. RICHARDSON k Co, 12 &amp; 14, Queen Victoria St, E.C.&#13;
40, North John Street, Liverpool; 22, Renfield Street, Glasgow; Guardian Building,&#13;
Manchester; Exchange Building, Cardiff; 385, Little Collins Street, Melbourne.&#13;
PUBLICATIONS OF THE SOCIETY.&#13;
1. The Annual Report. That for January, 1890, can be had on application to the Secretary.&#13;
2. The Author. A Monthly Journal devoted especially to the protection and maintenance oi&#13;
Literary Property.&#13;
3. The Grievances of Authors. (Field &amp; Tuer^. 2.?. The Report of three Meetings on the&#13;
general subject of Literature and its defence, held at Willis's Rooms, March, 1887.&#13;
4. Literature and the Pension List. By W. Morris Colles, Barrister-at-Law. (Henry&#13;
Glaisher, 95, Strand, W.C.) 4s. 6d.&#13;
S The History of the Socidte" des Gens de Lettres. By S. Squire Sprigge, Secretary to the&#13;
Society. is.&#13;
6. The Cost Of Production. In this work specimens are given of the most important forms of&#13;
type, size of page, &amp;c, with estimates showing what it costs to produce the more common kinds&#13;
of books. The work is printed for members of the Society only. 2s. 6d.&#13;
7. The Various Methods of Publication. By S. Squire Sprigge. In this work, compiled&#13;
from the papers in the Society's offices, the various kinds of agreements proposed by Publishers&#13;
to Authors are examined, and their meaning carefully explained, with an account of the various&#13;
kinds of fraud which have been made possible by the different clauses in their agreements. The&#13;
book is nearly ready, and will be issued as soon as possible.&#13;
&#13;
Other works bearing on the Literary Profession willfollow.&#13;
&#13;
&#13;
## p. 58 (#80) ##############################################&#13;
&#13;
IV.&#13;
AD VER TISEMENTS.&#13;
CHEAP PRINTING, A NECESSITY OF THE AGE!!!&#13;
Attention U called to the following important features of this Company:—&#13;
There is no Promotion Money to be paid. There is no Payment for Goodwill or Old and Worn-out Machinery and Plant.&#13;
There are no Founders' Shares, all the Profits belonging to tin Shareholders without preference or distinction&#13;
The ECONOMIC PRINTING &amp; PUBLISHING COMPANY, Limited.&#13;
Incorporated under the Companies Acts, 1862 io 18S6.&#13;
O^.X*XT^.Z. - - - £100,000.&#13;
100,000 SHARES OK £1 EACH UPON WHICH IT IS ANTICIPATED THAT NOT MORE THAN ioj. PER SHARE WILL BE&#13;
CALLED UP AT PRESENT.&#13;
ISSUE OF 100,000 SHARES, payable as follows:-2s. Bd. per SHARE on APPLICATION, 2s. 6d. per SHARE on ALLOTMENT&#13;
Two Months' notice will be given oj subsequent Cells, -which are not Co excxfJ 3s. M. each.&#13;
DIRECTORS.&#13;
JUSTIN MCCARTHY, Esq., M.P., 20, Cheyne Gardens, S.W., Chairman.&#13;
JOSEPH HOULTON, Esq. (Messrs. Joseph Houlton &amp; Co., Limited), Printers and Publishers, Worship Street, E.C.&#13;
A. MONTAGUE HAINES, Esq. (Messrs. Haines &amp; Co.), 155, Fenchurch Street, E.C, and Lloyd's.&#13;
CAMPBELL PRAED, Esq., 30, Norfolk Square.&#13;
HENRY P. WELCH, Esq. (Messrs. Welch, Perrin, &amp; Co.), 7, Mark Lane, E.C.&#13;
And one or two Directors to be chosen by the Board from the first Shareholders.&#13;
Bankers.—Messrs. WILLIAMS, DEACON &amp; Co., 20, Birchin Lane, E C.; Messrs. PRAED &amp; Co., 189, Fleet Street, E.C.&#13;
Solicitors.—Messrs. SAUNDERS, HAWK.SFORD, BENNETT, &amp; Co., 68, Coleman Street, London, E.C.&#13;
Broker.—TAMES GILLISPIE, Esq., 11, Copthall Court, E.C, and Stock Exchange.&#13;
Auditors.—Messrs. PiXLEY it Co., Chartered Accountants, 24, Moorgate Street, E.C.&#13;
Architect.—WILLIAM DAWES, Esq., Manchester and London.&#13;
Secretary {pro /&gt;/».).—A. G. SYMONDS, Esq., M.A. Oxon. Registered Offices (pro tern.).—68, Coleman Street, London, E.C.&#13;
1'&#13;
I;,&#13;
PROSPECTUS.&#13;
The Company is formed for the purpose of engaging in the business of&#13;
cheap printing and publishing on a large scale. The demand for cheaper&#13;
books, magazines, and newspapers, is rapidly on the increase owing to&#13;
the spread of education and the growth of population. Hundreds of the&#13;
best serial publications and standard works are beyond the reach of the&#13;
masses by reason of their virtually prohibitive prices ; whilst the works of&#13;
specialists in the various scientific and learned professions find but a&#13;
limited field amongst those for whom they are intended, because the&#13;
purchasing of books, varying in price from six shillings to thirty shi lings&#13;
a volume, constitutes a severe tax on the fixed incomes of many pro-&#13;
fessional men.&#13;
Recent developments in printing machinery prove that cheap and&#13;
good books, magazines, and general literature is certainly attainable,&#13;
especially if modern plant and appliances be combined under one&#13;
administration and under one roof.&#13;
A Printing Establishment combining all the aforesaid requisites in one&#13;
set of hands, with abundance of the newest plant, and placed in the&#13;
position of a ready cash purchaser of paper, will be enabled to produce&#13;
printed literature—the greatest necessity of the age—cheaply and on a&#13;
large scale, and in a quarter of the time it would otherwise take to turn&#13;
out work.&#13;
Good printing or publishing houses, even in the worst times, are&#13;
hardly ever idle ; and the continuous high dividends declared by them&#13;
attest the solid and profitable nature of the printing and publishing&#13;
industry generally.&#13;
The following are the only firms whose Shares are quoted in the Stock&#13;
Exchange Official List, &amp;c. :—&#13;
Ord. Share&#13;
Capital.&#13;
£363,890&#13;
j£toO|Coo ... 10 ... 10 ... 21&#13;
The Shares in these and other similar Companies are held in high&#13;
repute, and are difficult to obtain, the concerns being in some cases little&#13;
more than private family partnerships, from participation in the profits&#13;
of which both author*, customers, and the general public are shut out.&#13;
Accordingly, the Company will erect entirely new workshops on an&#13;
eligible site near London which the Directors have in view. Some of&#13;
the best modern printing works are now situated at Guildford, Aylesbury,&#13;
Redhill, Kingston, and other places outside I,ondon.&#13;
The Company's workshops will have good railway and cartage facilities.&#13;
They will be erected from the designs of Mr. William Dawes, Architect,&#13;
of Manchester and London. Their estimated cost is moderate, and the&#13;
buildings are designed on such a scale as will admit of gradual expansion&#13;
in sections as business grows. The first sec.ion can be open for business,&#13;
already promised, within a few monthi of the allotment of shares.&#13;
They will be fitted throughout with the electric li.-;ht, a great boon in&#13;
itself to compositors. As they will be new, great expenses for repairs&#13;
will be avoided; and, being practically fireproof, their insurance will be&#13;
at low rates.&#13;
No payments have been or will be mad-i for ' ooodvill' or promotion&#13;
money, or, in fact, initiatory charges of any kind other than the pre-&#13;
liminary expenses incident to the fonnatioq and successful establishment&#13;
of the Company.&#13;
The Directors believe that the value of the shares will at least equal&#13;
CasseU &amp; Co., Limited ,&#13;
Waterlow Bros. &amp; Lay ton&#13;
Limited ,&#13;
Num. value&#13;
uf Shares.&#13;
I*3iu* up.&#13;
9 ••&#13;
Market&#13;
Price.&#13;
those of the Companies mentioned above, and that there is every&#13;
probability of substantial dividends.&#13;
In the selection of the printing plant the Directors have taken into&#13;
consideration the fact that, whereas in all but one of the branches&#13;
connected with the printing of books and newspapers enormous&#13;
economies have in the past fifty years been effected, mainly through the&#13;
increased productive power of various machines, in -the one central and&#13;
essential branch, viz., the composing room, not only have the expenses&#13;
increased, but the modus operandi is almost as primitive as in the days&#13;
of Guthenberg and Caxton.&#13;
The Directors believe that the machine known as the Linotype Com-&#13;
posing Machine is capable of effecting the largest nett economies over&#13;
the present cost of type-setting by hand, and that by adopting it they&#13;
save a large capital outlay for type.&#13;
They have accordingly contracted for a supply of Linotype Machines&#13;
under special conditions, of which the following are among the most&#13;
important:&#13;
The rate of wages paid to ordinary compositors in London varies&#13;
m piece work from 8d. to tod. per 1,000ens of typeset up, corrected,&#13;
and distributed ; but the Linotype Company (Limited), agrees to&#13;
hire to the Economic Printing and Publishing Company Linotype&#13;
Composing Machines, and to charge a Royalty equal to only 2d. per&#13;
1,000 ens of matter set up, corrected, and automatically distributed.&#13;
When machines are unemployed, a small sum only is charged for&#13;
each working hour.&#13;
The Linotype Company also gives to this Company a monopoly&#13;
as regards the use of their machines for London and ten miles round,&#13;
subject only to certain exceptions.&#13;
To make the Company's operations partake as largely as possible of a&#13;
co-operative character, a percentage rebate off the ordinary printing&#13;
tariff" will be allowed to all authors who are shareholders in the Company,&#13;
and all employes will, as far as possible, be chosen first from amongst&#13;
the shareholders.&#13;
It is intended to apply to the Stock Exchange for a quotation.&#13;
The following contract has been entered into:&#13;
Contract dated the 3rd day of June, 1890, made between the Linotype&#13;
Company (Limited) of the one part, and A. G. Symonds, as trustee for&#13;
the Company, of the other part, being the contract referred to above.&#13;
The above is the only contract to which the Company is a party, but&#13;
arrangements have been made with other persons relating to the pre-&#13;
liminary expenses of formation of the Company, and procuring .capital&#13;
which may constitute contracts within the meaning of section 38 of the&#13;
Companies Acts, 1867; but applicants for shares shall be deemed to&#13;
waive their rights to specification of any particulars of such arrange-&#13;
ments or contracts, and to accept the above statements as sufficient&#13;
compliance with Section 38 of the Companies Acts, 1867.&#13;
The Memorandum and Articles of Association and the Contract men-&#13;
tioned above can be inspected by applicants for Shares at the Offices of&#13;
the Company's Solicitors.&#13;
Applications for Shares may he made by letter or on the prescribed&#13;
form, and forwarded, with a remittance for the amount of the deposit&#13;
payable on application, to the Bankers of the Company, or to the&#13;
Secretary, at the Office of the Company. If the whole amount applied&#13;
for by any applicant is not allotted, the surplus paid on deposits will be&#13;
credited to the sum due on allotment, and where no allotment U made&#13;
the deposit will be returned in full.&#13;
PROSPECTUSES AND FORMS OF APPLICATION MAY BE OBTAINED AT THE OFFICES OF THE COMPANY, OR OF EITHER OF THE&#13;
BANKERS, BROKER, OR SOLICITORS OF THE COMPANY.&#13;
Printed for the Society, by HARRISON &amp; SONS, 45, 46, and 47, St. Martin's Lane, in the Parish of St. Martin-in-the-Fields, in the City&#13;
of Westminster.</text>
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              <text>Vol. 1.–No. 3]&#13;
JULY 15, 1890.&#13;
.&#13;
[Price, Sixpence,&#13;
The Author.&#13;
THE ORGAN OF THE SOCIETY OF AUTHORS&#13;
(INCORPORATED).&#13;
CONDUCTED BY&#13;
WALTER BESANT.&#13;
Published for the Society Be&#13;
ALEXANDER P. WATT, 2, PATERNOSTER SQUARE,&#13;
LONDON, E.C.&#13;
-&#13;
1890.&#13;
&#13;
&#13;
## p. 58 (#82) ##############################################&#13;
&#13;
Berton, Sept 1yh1878 anse Mersands of letters.&#13;
Men. Marie, Todd &amp; Co.&#13;
Jene t it as of our one&#13;
..... und and I hohe ou une&#13;
I have seus me of your&#13;
do the beat you can for it&#13;
frius, to have a point meuded . Though I have in the mean&#13;
rough Meu Hoshu, leurs : Trier bought another of qui&#13;
It. of Mencity.&#13;
Ton may like to know that shake - Corrugated mached C.&#13;
Thave and this yeu constantly&#13;
I do not know whether :&#13;
formure than twenty years,&#13;
que caus hin this testimonial&#13;
hine the days of a book of min&#13;
hot'I jul as if the fun when&#13;
called "The Automath of the&#13;
Breakfast talle "1857-8 mutie&#13;
. has cancied out to much of&#13;
muy thought and brought back&#13;
last Friday without repair and&#13;
always with herfect satisfaction To much in banin farms in&#13;
ehun was enlitted to this&#13;
I have written with in halfa&#13;
- Certificat of hinnata tecnica&#13;
dozen or more volumes, a&#13;
lange number of Ennys de&#13;
Mira Wordleli Hermes&#13;
ILLUSTRATED Price List will be sent, free and post paid, on application to MABIE, TODD &amp; BARD, 93, CHEAPSIDE, LONDON.&#13;
&#13;
&#13;
## p. 59 (#83) ##############################################&#13;
&#13;
(The Organ of the Incorporated Society of Authors. Monthly)&#13;
CONDUCTED BY WALTER BESANT.&#13;
Vol. I.—No. 3.]&#13;
JULY 15, 1890.&#13;
[Price Sixpence.&#13;
CONTENTS.&#13;
News and Notes ...&#13;
"The Literary Handmaid of the Church"&#13;
The German Society of Au-hors&#13;
A Hard Case, No. Ill&#13;
La Federation du Livre&#13;
Unauthorized Publication of Sermons—&#13;
I. Note by W. Morris Colles&#13;
II. Note by F. P&#13;
III. IV. Letters reprinted from the Times by the Bishop&#13;
Peterborough {by permission)&#13;
The Inauthorated Corpses&#13;
Leaflet No. III.—On Paying for Publication&#13;
of&#13;
Questions, Cases, and Answers&#13;
A Personal Experience&#13;
Chestnut Bells Encore. By Charles G. Leland&#13;
The Queen's English. By Oswald Crawfurd ...&#13;
The Memorial to the First Lord of the Treasury&#13;
The Pensions of the Year&#13;
A New Guide to Books&#13;
Mr. Bainton on Himself&#13;
At Work&#13;
New Books and New Editions&#13;
Advertisements&#13;
PAGE&#13;
... 7«&#13;
... 78&#13;
... 79&#13;
... 79&#13;
... 80&#13;
... 82&#13;
... 8a&#13;
83&#13;
... 84&#13;
... 85&#13;
... 86&#13;
NEWS AND NOTES.&#13;
TH F. Council of the Society has been strength-&#13;
ened by the accession of the following&#13;
names: — Lord Brabourne, Sir Henry&#13;
Bergne, K.C.M.G., Messrs. Alfred Austin, R. D.&#13;
Blackmore, James Bryce, W. Martin Conway, P. W.&#13;
Clayden, Oswald Crawfurd, Marion Crawford, Eric&#13;
Erichsen, G. R. Sims, and Edmund Yates. Of&#13;
these gentlemen Mr. W. Martin Conway joins the&#13;
Committee of Management.&#13;
The Third Annual Dinner of the Society was&#13;
held on Tuesday, July 8th. The Chair was taken&#13;
by Prof. Jebb. There were 200 present on the&#13;
occasion. A full report will be presented with the&#13;
next number.&#13;
A lady who wishes to be anonymous has offered&#13;
to present to the Committee the sum of ^30&#13;
annually for three years, to be expended in such a&#13;
manner as may appear to be for the best interests&#13;
of Literature. This offer of pecuniary assistance&#13;
is a new thing of this year. It shows that the&#13;
work of the Society is being understood and ap-&#13;
preciated. Another sign of advancing opinion is&#13;
that on the foundation of The Author a good many&#13;
members came forward to give it a start. It isastound-&#13;
ing how much may be effected even in such a Society&#13;
as ours by means of the little cheque. We have never&#13;
yet gone begging, but . Meantime, there would&#13;
be no pecuniary anxieties if we had two thousand&#13;
members instead of six hundred, and if everybody&#13;
would remember the modest annual obligation.&#13;
Amid the general mingled chorus of denunci-&#13;
ation, exasperation, disappointment, satire, and dis-&#13;
gust, caused by the loss of the International Copy-&#13;
right Bill, there has hitherto been lacking—what it&#13;
specially behoves The Author to supply—some&#13;
recognition of the noble efforts made by the leading&#13;
men, the men of culture, in the Eastern States.&#13;
These men have never rested, and are still active,&#13;
in advocating by every means in their power the&#13;
passage of the Bill. They include all the authors&#13;
of America, all the honourable publishers, and a&#13;
great number of editors. The opponents of the Bill&#13;
are the ignorant Western farmers, who know nothing&#13;
about literature, literary property, authors' rights,&#13;
or anything else except their own local interests.&#13;
The education of these men is a slow process; they&#13;
take a great deal of time to grasp new ideas; the&#13;
existence of authors is not suspected by them ; the&#13;
existence of authors' rights is absolutely unknown&#13;
to them. But they are gradually being educated.&#13;
Let us consider our own case before we throw&#13;
stones at the Americans. It is now five years since&#13;
vol. 1.&#13;
E&#13;
&#13;
&#13;
## p. 60 (#84) ##############################################&#13;
&#13;
6o&#13;
THE AUTHOR.&#13;
this Society began its endeavours to educate the&#13;
British world into the perception of the fact that&#13;
there is such a thing as literary property and that&#13;
it is a very real thing. We are not Western farmers.&#13;
Yet we have not learned to grasp this one central&#13;
fact any more than these honest members of Con-&#13;
gress. Still the old ideas cling; still those who talk&#13;
of literary property as if it was a real thing, like&#13;
turnips, are regarded as madmen. Still the leading&#13;
articles talk of the dangers and uncertainties of&#13;
publishing. Still the old belief remains, that authors&#13;
must take whatever their employers choose to bring&#13;
them; still that old Bogey, "Risk," is trotted out to&#13;
frighten us; still men continue to talk about the&#13;
"generosity " of their publishers—as if writers were&#13;
beggars, humbly holding out their hands for doles,&#13;
instead of honest men demanding their just share&#13;
in the proceeds of the work of their hand and brain.&#13;
These ideas will slowly pass away. But meantime&#13;
since they linger in this country, and are every day&#13;
traded upon for their own purposes by interested&#13;
persons, we cannot be surprised at an equal ignorance&#13;
among the narrow-minded and half educated people&#13;
who form the greater part of Congress.&#13;
Consider, again, a special case, recent and&#13;
treated further on in these columns. There is a&#13;
certain great Society called the Society for Promot-&#13;
ing Christian Knowledge. Its President is the Arch-&#13;
bishop of Canterbury: its Vice-Presidents are&#13;
other Archbishops and Bishops: its Publication&#13;
Committee are all clergymen.&#13;
Now, not one of these illustrious men seems as&#13;
yet to have grasped the simple truth that an author&#13;
may be sweated as well as a needlewoman; and&#13;
that in the purchase of literary property there are&#13;
elementary laws of morality based on the Eighth&#13;
Commandment. Not one, so far as I know, up to&#13;
the present moment of writing, when their Society&#13;
has been called upon to compare its methods of&#13;
publishing with these simple principles of truth and&#13;
equity, and has, so far, by its silence, refused to do&#13;
so, has boldly declared that he will no longer pre-&#13;
side—or vicariously preside—over a great Corpora-&#13;
tion, which, unless certain ugly allegations can be&#13;
explained, seems to be little better than a Society&#13;
of Sweaters for the greater glory of Christ.&#13;
With this illustration before them can the authors&#13;
of Great Britain expect from an ignorant Western&#13;
farmer a keener thirst for righteousness than they&#13;
have found at home among the Societies of the&#13;
Anglican Church?&#13;
As for what is said on International Copyright&#13;
by newspapers in the Eastern States, read the&#13;
enclosed from the New York Evening Post. It&#13;
refers to the pirated edition of the "Encyclopaedia&#13;
Britannica."&#13;
"A certain man went from Edinburgh to America&#13;
and fell among thieves, which stripped him of his&#13;
sheets, and electrotyped him, and departed, leaving&#13;
him half dead. And a certain Doctor of Divinity&#13;
passed by on the other side; and when he saw him&#13;
he went over, and came where he was, and said&#13;
unto him: 'How is it with thee, my friend?'&#13;
And he answered him: 'I am in sore distress,&#13;
for that I have been robbed of nearly all that I&#13;
possess.' And the Doctor of Divinity spake and&#13;
said: 'My heart is heavy for thee, my friend; but&#13;
hast thou yet anything left?' And he answered&#13;
him again, saying: 'Yea, the half of what I had is&#13;
left me; but I am in fear least my enemy return&#13;
and carry off the rest!' 'Nay,' said the man of&#13;
God, 'but if others are to have a cast at thee, I&#13;
may as well come in for my share; but, for that I&#13;
have great compassion on thee, I will leave thee&#13;
a portion of what these wicked men have spared.'&#13;
And, so saying, he took what pleased him of the&#13;
man's goods, and having preyed upon him, gave&#13;
him his blessing and went and prayed in the&#13;
temple. Likewise a certain Pharisee, who was&#13;
also a haberdasher and a man of letters, passed&#13;
that way, voyaging from Washington by way of&#13;
Philadelphia; and he came and looked on the man&#13;
and saw that he was helpless, and heard his groans.&#13;
And he also inquired of him what ailed him; and&#13;
when he had heard his story he beat his breast and&#13;
cried aloud: 'This is flat burglary, to take all that&#13;
thou hast, and to leave next to nothing for me!&#13;
Verily, I must protect myself against such wicked-&#13;
ness, and must circumvent the doers thereof; since&#13;
it is expected of me that when circumventing is to&#13;
be done, I shall be there!' And with that he&#13;
seized on the balance of the man's stock, and&#13;
blessed him in the name of his peculiar god, and&#13;
went his way. But a certain Government having&#13;
on his breast a breastplate whereon was writ in&#13;
letters of gold, 'In God We Trust,' came where&#13;
the man was, and when he saw him, he had com-&#13;
passion on him, and went to him, and opened his&#13;
wounds, and rubbed into them salt and vinegar,&#13;
and set him on a wild ass of the desert, and put a&#13;
bunch of nettles under the tail of the beast, and&#13;
cried unto the man: 'Away with thee, thou&#13;
foreigner! What rights hast thou that I need&#13;
respect? I care not twopence for thee or thy&#13;
wrongs; and if ever thou darest come again, I will&#13;
repay thee!"'&#13;
In another place will be found a letter from Mr.&#13;
Bainton on the subject of what he is pleased to call&#13;
a " stab in the dark." Everybody else thinks that&#13;
it has been a stab in the open. But never mind,&#13;
&#13;
&#13;
## p. 61 (#85) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
61&#13;
The point and moral of the correspondence to the&#13;
readers of The Author should be that in future they&#13;
should not allow themselves so easily to be drawn.&#13;
Why should authors alone, of all professions, be&#13;
asked to explain their methods? Why should they,&#13;
when they are asked, be so ready to reply? For&#13;
my own part, I fell into the trap, like my neighbours,&#13;
but fortunately wriggled out again and did not&#13;
explain my methods. In future, let us behave with&#13;
greater reticence. Now what would be thought&#13;
if some enterprising gentleman were to write to&#13;
all the barristers in practice in the following&#13;
terms ?—&#13;
Dear Sir,&#13;
I must speak at last. There comes a time when&#13;
silence is culpable. I have long" considered you&#13;
the most eloquent orator as well as the most accom-&#13;
plished and learned lawyer that at present adorns&#13;
the Outer or the Inner Bar. I read nothing at&#13;
all but your speeches; my wife reads nothing at all&#13;
but your speeches. She takes them after early&#13;
dinner, with a nap; moreover, I have for a long&#13;
time given my mother-in-law, who lives with us,&#13;
and is now in declining spirits, nothing at all to&#13;
read but your speeches; my children learn your&#13;
speeches by heart. My youngest—Teeny Wheeny,&#13;
three—is now learning her alphabet out of your&#13;
speeches. They are, in fact, deeply alphabetic. I&#13;
am going to give a little lecture—just a little lecture&#13;
—to one or two young people. I wish to call my&#13;
lecture the "Art of Demosthenes, or the Ciceronian&#13;
Bag of Tricks." I desire above all things to&#13;
strengthen it by a description of your own Bag of&#13;
Tricks, oratorical and legal. Will you therefore&#13;
kindly tell me where you picked up your method of&#13;
oratory, and how you manage to seem to know so&#13;
much law?&#13;
I remain, Sir,&#13;
Your obedient admirer and respectful&#13;
worshipper,&#13;
Theophilus Swipe.&#13;
Now who would expect a barrister to answer&#13;
this letter, or to take the least notice of the writer?&#13;
Vet the authors, when they receive a similar letter,&#13;
reply all together en masse, without, apparently, any&#13;
exception.&#13;
There was, I learn, an exception. It was an&#13;
American man of letters, and one of great distinction.&#13;
He positively did not reply. It is not generally&#13;
known that a certain fable of ^isop referring to a&#13;
fox and a crow and a piece of cheese, was written&#13;
for authors, who have so far failed to observe the&#13;
moral. The following is a close translation of the&#13;
fable in its first form.&#13;
Amid the leaves—the leaves of bay—■&#13;
The leaves they use for crowns—&#13;
The author sat, the livelong day,&#13;
Above the common clowns;&#13;
Well skilled was he the crafty rhyme&#13;
And artful plot to mix;&#13;
And in his hand he held, meantime,&#13;
His precious Bag of Tricks.&#13;
"Oh! Master, Master, greatest, first—"&#13;
He heard, and blushed to hear—&#13;
"All other bards with envy burst—&#13;
I've seen 'em—that I swear.&#13;
Day in, day out, the week about,&#13;
Thy great works through and through,&#13;
I read and read—I do, indeed;&#13;
So do my children too.&#13;
"Tell me, sweet author, whom I love—&#13;
Ah !head so fitly crowned!&#13;
Thy place so rightly set above,&#13;
The bay leaves circling round!—&#13;
Tell me, sweet author, if thou wilt,&#13;
Oh! condescend to tell-&#13;
How are thy tales romantic built?&#13;
How canst thou rhyme so well?&#13;
"Thy art, thy secret, and thy craft,&#13;
Confide—confide to me."&#13;
The author smiled—the author laughed;&#13;
Yet never a word said he.&#13;
"Oh! by the crown of glory grand&#13;
That on thy pale brow sticks"&#13;
That crown to feel, he raised his hand&#13;
And dropped his Bag of Tricks!&#13;
There is no moral to this fable in the original.&#13;
But La Fontaine's will do—&#13;
"Mon bon Monsieur,&#13;
Apprens que tout flaneur&#13;
Vit aux depens de celui qui lecoute.'&#13;
The Daily News, which has always been on the&#13;
alert to watch any step in the movement for&#13;
International Copyright, reportsadecision which may&#13;
lead to very valuable results. It was delivered on&#13;
June 25th, by Judge Shipman, of the United&#13;
States Circuit Court. Three suits were begun some&#13;
time ago by Messrs. A. and C. Black, cf Edinburgh,&#13;
and the Scribners, their American agents, against an&#13;
American firm which had published a pirated&#13;
edition of the "Encyclopaedia Britannica" from&#13;
photographic plates, charging infringement of the&#13;
American copyright laws because the republication&#13;
contained articles written by Americans and copy-&#13;
righted in this country by them. The defendants&#13;
entered demurrers based on the general ground&#13;
VOL. I.&#13;
E 2&#13;
&#13;
&#13;
## p. 62 (#86) ##############################################&#13;
&#13;
62&#13;
THE A UTHOR.&#13;
that the publishers of the "Encyclopaedia Britan-&#13;
nica," in employing American authors to treat of&#13;
American topics and then publishing their articles&#13;
under copyright, thereby laid a trap for the American&#13;
public and American publishers, and therefore a&#13;
court of equity could not interfere to protect such&#13;
a fraud. Judge Shipman overruled the demurrers,&#13;
and declared that the assignments in no way&#13;
permitted other parties to infringe authors'&#13;
copyrights. This decision has been hailed with&#13;
delight by the advocates of International Copyright,&#13;
who regard it as the most serious check the piratical&#13;
publishers have yet had. There are three photo-&#13;
graphic editions of the "Encyclopaedia Britannica"&#13;
now selling at about a seventh of the price of the&#13;
authorized edition. The decision is likely to alarm&#13;
the publishers, since, if sustained in further&#13;
judgments, Messrs. A. and C. Black will bring suits&#13;
against them for heavy damages.&#13;
"I have never yet had any disagreement with&#13;
my publisher," said a well-known man of letters&#13;
the other day. "Therefore, I have not joined the&#13;
Society." The remark and the inference alike&#13;
illustrate a common disposition to look on the&#13;
Society as one which exists for the purpose of patch-&#13;
ing up or even of creating quarrels and grievances&#13;
with publishers. That is not the case, of course,&#13;
only one is well-nigh tired of repeating the fact.&#13;
It suits certain persons who regard us with natural&#13;
hostility to keep this delusion alive. The Society&#13;
has no quarrel with publishers as such, and never&#13;
has had any. It maintains continually that the&#13;
services which publishers render to Literature are&#13;
solid, and must be substantially paid for. The&#13;
Society exists, however, mainly for the purpose of&#13;
maintaining the rights, the sacredness, and the&#13;
reality of Literary Property. Therefore it fights&#13;
the battle of all authors, and should be supported&#13;
by all who approve of its principles.&#13;
Briefly, they are these :—&#13;
(1) Literary property is created by the author,&#13;
and belongs at the outset to him.&#13;
(2) Literary property must be held as sacred as&#13;
any other kind of property.&#13;
(3) Literary property is ruled by the demand for&#13;
a book just as colliery property means the&#13;
sale of the output. And as the value of a&#13;
colliery depends first on the output in tons&#13;
and their price, so the value of a book can&#13;
only be estimated with reference to the&#13;
number of copies sold.&#13;
(4) The author must not part with his property&#13;
without due consideration, nor without&#13;
understanding exactly what possibilities, as&#13;
well as what certainties, he gives and what&#13;
he receives.&#13;
(5) What the author is entitled to, is, after pay-&#13;
ment of the cost of production and the&#13;
publisher's agency and labour, all the remain-&#13;
ing proceeds. This proportion of the returns&#13;
is the property which he has to sell for a&#13;
lump sum down, or to receive year by year.&#13;
(6) The publisher has to be remunerated for his&#13;
agency and labour out of the returns of the&#13;
book in a certain proportion, which should&#13;
be a fixed proportion recognised by both&#13;
contracting parties and understood by both.&#13;
These principles have long been recognized by&#13;
the French after a good fight, carried on by the&#13;
Socie'te des Gens de Lettres, an association of&#13;
which ours is a successor and an imitator. But how,&#13;
it may be asked, if publishers will not agree to the&#13;
adoption, once for all, of an equitable arrange-&#13;
ment? It is the task of the Society to create&#13;
such a consensus of opinion on the subject as&#13;
will cause all houses which desire to maintain a&#13;
good name to fall in with the Society's views. It&#13;
will also cause all authors of ability and reputa-&#13;
tion to insist upon equitable agreements. How, it&#13;
may be asked again, about the unfortunate begin-&#13;
ners and those who have no name? The scheme&#13;
to be put forward by the Society will cover their&#13;
case as well. But they must, first of all, be protected.&#13;
And for this reason our pages are full of stories of&#13;
the scoundrels who deceive and rob the literary&#13;
beginner. Consider. Is there to be no protection&#13;
for the weak? Is a pickpocket to get off with&#13;
impunity because he has only stolen a girl's purse?&#13;
The Council of this Society does not hold that&#13;
opinion.&#13;
There are many who still maintain that sharks&#13;
and thieves should be free to do as they please—&#13;
devour and destroy—rob and lie with impunity,&#13;
because ignorant and young literary aspirants&#13;
ought to take care of themselves, and because&#13;
most of their work is rubbish. In no branch of&#13;
the industrial community should thieves be per-&#13;
mitted to exist. And even if good quality of work&#13;
were to be the condition of protection, we should&#13;
have to protect a whole hundred because one of&#13;
them—an unknown one—may have in him the gift&#13;
of authorship. As a curious illustration of the&#13;
growing change in opinion on this subject, it may&#13;
be mentioned that in one of the most popular penny-&#13;
papers of the day, a paper which circulates by&#13;
the hundred thousand, there lately appeared an&#13;
article on " Bogus Publishers," written by one who&#13;
knows the gentry and has served under them.&#13;
The article might have been written in this office,&#13;
&#13;
&#13;
## p. 63 (#87) ##############################################&#13;
&#13;
THE A UTHOR.&#13;
63&#13;
so true it is, and so complete in its details. Was it&#13;
conscience or was it revenge which forced this ex-&#13;
perienced person to reveal the secrets?&#13;
"We have taken your new MS. on the old terms,"&#13;
said a certain small publisher recently. "Of course,&#13;
however, you will not join the Society of Authors.&#13;
In fact, we put a black mark against the name of&#13;
every member of that Society." The writer of that&#13;
work is a member. If this remark has been made to&#13;
anybody else, let me hasten to point out that if this&#13;
publisher were to put all the black marks he has got&#13;
against all the names of all the authors, no harm&#13;
whatever would be done because in such a case&#13;
we should immediately find other publishers who&#13;
would do the work of production and distribution&#13;
quite as well, and in this case perhaps much better.&#13;
Fortunately the public cares nothing who publishes&#13;
a book; it is concerned solely with the contents.&#13;
Plenty of men—hundreds and thousands of men—&#13;
are willing and anxious to step into any trade by&#13;
which they can make money. But to the marker in&#13;
black—the black marker—we would point out very&#13;
seriously that the Society itself can do a great deal&#13;
more harm to a publisher than he can do to any&#13;
individual member. We are now, he should under-&#13;
stand, by no means a small, harmless, or a feeble&#13;
body.&#13;
One does not like even the appearance of boast-&#13;
fulness, but the following little fact illustrates some-&#13;
thing approaching to power. There is a certain firm&#13;
in this city of which it is sufficient to say that all the&#13;
worst things ever alleged against the publishing&#13;
trade maybe brought together, and, with the greatest&#13;
truth, alleged against this particular firm. We have&#13;
for a long time kept work out of their hands, and&#13;
we intend to go on doing so until they mend their&#13;
ways. It was reckoned the other day, by one who&#13;
has had the chief conduct of this business, that in&#13;
the space of eighteen months or two years over&#13;
,£2,000 worth of work has been kept from these&#13;
people, and that without reckoning on the chance&#13;
of a big success among the authors kept from them.&#13;
Now as writers learn more and more to distrust their&#13;
own ignorance and to seek advice of those who&#13;
know as to whom they should trust, this branch of&#13;
our business will naturally increase and multiply.&#13;
My statement in last month's Author that there&#13;
are fifty men and women who make a thousand a&#13;
year by writing novels has been questioned. I&#13;
have, therefore, taken the trouble to draw up a&#13;
list, which, however, must not, for obvious reasons,&#13;
be published. I find that I can enumerate almost&#13;
off-hand more than fifty—Americans and English&#13;
—who are called novelists by the world, and make&#13;
over a thousand a year by writing, though the whole&#13;
income may be sometimes derived from other kinds&#13;
of literary work. I know the facts partly from ex-&#13;
perience acquired in the offices of the Society,&#13;
partly from information. A note in the St. James's&#13;
Gazette asks whether these works are worth the&#13;
money. This question denotes some confusion of&#13;
ideas. For what is the actual worth of a book?&#13;
You cannot measure it at all by money. A suc-&#13;
cessful novelist is one who holds the attention,&#13;
commands interest, awakens emotions, amuses or&#13;
terrifies, calls up tears or laughter, and brings&#13;
brightness into millions of dull lives. This great&#13;
power is not to be valued by money at all. If the&#13;
St. James's critic asks whether the books really&#13;
produce by their sale all this money, that is a very&#13;
different question. They really do—and a very&#13;
great deal more.&#13;
Here is an interesting little proposal. A&#13;
"Graduate of Oxford," modestly hiding his philan-&#13;
thropic name, has conceived a theory that there are&#13;
many poets, as yet unrecognized, who would like&#13;
their "best" verses—only their best, mind—to be&#13;
published. He invites them, therefore, to send&#13;
him two or three short poems not exceeding in all&#13;
120 lines. With their best verses is to be forwarded&#13;
a guinea. In return the contributor will receive two&#13;
copies of a handsome volume in which—oh! Joy&#13;
and Glory!—his own best verses will appear. It&#13;
will be like bringing out the best china, or wearing&#13;
the best clothes, or sleeping in the best bed room, all&#13;
these things being among the innocent pleasures of&#13;
our ancestors. "These," will say the glorified bard,&#13;
"are my best verses; others I have, second best,&#13;
for home consumption, and even third best, for&#13;
washing day, but these are my best."&#13;
If the poet is to be made happy, what shall be&#13;
said of the benevolent Graduate? His handsome&#13;
volume contains, we will suppose, 20 sheets, or&#13;
320 pages, with, at the rate of three pages apiece,&#13;
107 contributors. He must print 214 copies at&#13;
least. The cost of the volume will be about ,£35.&#13;
Grateful to their Graduate, the poets will contribute&#13;
^107. Net profit to the Graduate (besides&#13;
gratitude, warmth of heart, and glow of virtue)&#13;
^72. Who will say that he is overpaid?&#13;
The Society does not, as a rule, work for people&#13;
whojare not members, but there are occasions on&#13;
which it is necessary to break this rule. One such&#13;
occurred the other day when a young writer&#13;
sent up a grievous case. He had been writing&#13;
steadily for a certain firm, until their obligations&#13;
amounted to a considerable sum. He therefore&#13;
&#13;
&#13;
## p. 64 (#88) ##############################################&#13;
&#13;
64&#13;
THE AUTHOR.&#13;
wrote for a cheque. He received no answer. He&#13;
wrote again—and again. There was still no answer.&#13;
He wrote therefore to the Society. The firm were&#13;
informed that if they preferred legal proceedings to&#13;
paying their just debts, they could have them.&#13;
They preferred, however, paying the author in full,&#13;
with the statement that they had not received more&#13;
than one letter of application. Now the firm will&#13;
probably never take any more work from the young&#13;
man. But this is the very best thing that could&#13;
possibly happen to him. He will now try to get&#13;
employed by some firm which does pay.&#13;
I give, after these notes, a brief resume of a&#13;
pamphlet addressed to the Publication Committee&#13;
of the Society for Promoting Christian Knowledge.&#13;
I have received other instances of their treatment&#13;
of authors, even more flagrant than those quoted&#13;
in the pamphlet. No answer has been vouch-&#13;
safed to this pamphlet either by the Archbishop of&#13;
Canterbury, the President of the Society, or by the&#13;
Publication Committee. As this worthy body&#13;
will not meet till October, further action in the&#13;
matter is deferred until then, when I hope to&#13;
parade a few more facts to delight the world with&#13;
the "Christian" methods of dealing with other&#13;
people's property.&#13;
—*&#13;
Among the " warnings " which we publish every&#13;
month in Tlie Author, and every year in the&#13;
"Annual Report," is one which cautions writers&#13;
against signing any agreement, in which the alleged&#13;
cost of production forms an integral part, without&#13;
consulting the Society. A little circumstance&#13;
which happened a year or two ago, and was related&#13;
to me the other day by a very well known man of&#13;
letters, illustrates the necessity for this warning.&#13;
It is what mathematicians call an extreme case—&#13;
that is to say, we have never at the Society come&#13;
across one quite so "extreme." Here it is :—A&#13;
person had produced a MS. on a certain subject&#13;
which she—it was a lady—wished to publish. She&#13;
accordingly took it to a man whom she believed&#13;
honest, and asked him if he would produce it. He&#13;
agreed to do so if she would pay the whole cost of&#13;
production. He sent an estimate of this. It&#13;
amounted, according to his showing, to £120 for&#13;
so many copies. She showed the estimate to a&#13;
friend, who submitted the MS. to a printer. He&#13;
offered to print and bind as many copies for the&#13;
sum of ^16—of course it was a very short manuscript.&#13;
This was done and the work published. We have&#13;
often seen the "cost of production" set down at&#13;
double. But to multiply the actual cost by seven&#13;
and a half shows an amount of enterprise which we&#13;
could not previously expect.&#13;
Waltlr Besant.&#13;
"THE LITERARY HANDMAID OF&#13;
THE CHURCH."&#13;
THIS pamphlet appeared in the third week&#13;
of June. A copy has been sent to the&#13;
President and all the Vice-Presidents of the&#13;
Society for the Promotion of Christian Knowledge.&#13;
The following is an abridgment of its contents :—&#13;
"The Publication Committee of the Society for the Promo-&#13;
tion of Christian Knowledge, in their Report for last year,&#13;
announce that they will 'gladly receive any suggestion'&#13;
which may enable them to make * the venerable Society&#13;
the most efficient literary handmaid of the Church of Eng-&#13;
land throughout the world.'&#13;
"A Publication Committee has to do with Literary Property.&#13;
It is therefore desirable first of all to lay down certain pre-&#13;
liminary observations on the nature of Literary Property.&#13;
"(I.) First of all, it is very real property; it has its fluctua-&#13;
tions, like corn, wine, and any other property; but it is a&#13;
species of property which enables a few hundreds to live in&#13;
great comfort, plenty, and luxury, and a great many thousands&#13;
to live simply and carefully.&#13;
"(2.) Literary property is subject to the laws w hich protect&#13;
all property. The simplest and the most comprehensive of&#13;
all these laws is the Eighth Commandment, ' Thou shalt not&#13;
steal.'&#13;
"Applied to literature and addressed to Publishers, Publish-&#13;
ing Societies, and Publication Committees, this Command-&#13;
ment is thus to be interpreted: 'Thou shalt not cheat the&#13;
author while buying his work from him; thou shalt not pay&#13;
the workmen a price which will reserve for thyself the principal&#13;
profit ; thou shalt remember that the work is his—his the&#13;
design of it, his the invention, the fancy, the imagination,&#13;
the learning, the brain, and the hand of it. It is not thine&#13;
at all. If it becomes thine it must be by an equitable agree-&#13;
ment, which shall give thee only a fair reward for labour&#13;
done, and leave to him all the rest.' In no other way can&#13;
this Commandment be read and interpreted by a conscien-&#13;
tious Publication Committee.&#13;
"(3-) What is the value of a book? Clearly it is the price&#13;
which it will fetch in the market. That is say, it depends&#13;
upon the number of copies which the public will buy. An&#13;
author, therefore, can claim his reward solely with reference&#13;
to that number, and a publisher, can, equitably, make his&#13;
offer of remuneration only with reference to that number.&#13;
"(4.) The publisher is an agent ; he must be paid for his&#13;
agency in managing, distributing, and collecting, out of the&#13;
proceeds of the lxx&gt;k. For his trouble he is entitled to a&#13;
reasonable percentage on the proceeds.&#13;
"For example, if a publisher gives an author £yi for a book&#13;
out of which he makes a nett profit of £100, knowing, or&#13;
reasonably expecting, that he is going to make that, or some&#13;
similar amount, he may be a successful trader, but he must&#13;
lie classed as a sweater and a robber in the eyes of honour-&#13;
able men, and especially of a Society which exists for the&#13;
Promotion of Christian Knowledge. For if Christian Know-&#13;
ledge be not promoted on Christian principles, then were it&#13;
better not to be promoted at all. The author may never&#13;
know that he has been robbed. But the fact remains. The&#13;
Eighth Commandment still hangs upon the wall."&#13;
The pamphlet then goes on to speak of the four&#13;
kinds of publishers.&#13;
"First, the upright, or perfect publisher. He, sensitive and&#13;
lender of conscience, will not take from an author one penny&#13;
more than is his own just due. lie has settled with his&#13;
conscience what he should lie paid for what he has done, and&#13;
&#13;
&#13;
## p. 65 (#89) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
65&#13;
he will lake no more. If he pays an author a sum of money&#13;
down, it is considered by this person only as an advance on&#13;
what may become due to him afterwards if his work succeeds.&#13;
He will not publish bad work, or work that will not succeed.&#13;
To have that publisher's name at the foot of a title-page is a&#13;
hallmark of excellence. To be in his hands is to rest easy in&#13;
the assurance that he will do the best for the book and be&#13;
honest, that is, just, with the author.&#13;
"Where is that publisher to be found? Surely, we should&#13;
look for him first in the Society for Promoting Christian&#13;
Knowledge. It is a Society whose President is the&#13;
Primate of all England ; whose Vice-Presidents are all the&#13;
Archbishops and Bishops; whose General Literature Com-&#13;
mittee contains nine clergymen out of twelve members; and&#13;
whose three Secretaries are also Clergymen.&#13;
"There, if anywhere, should we expect to find the upright&#13;
publisher.&#13;
"The second kind of publisher is he who belongs to a house&#13;
well established and desirous to be considered as honourable.&#13;
The distinction, let us remember, between the 'honourable'&#13;
houses and those which are not honourable is well known and&#13;
perfectly understood by all who have studied the business of&#13;
publishing. Now when we divide publishing houses into&#13;
those which are honourable and those which are dishonour-&#13;
able, there cannot, surely, be a doubt or a question on which&#13;
side we ought to place the Literature Department of the&#13;
Society for Promoting Christian Knowledge—the 'Literary&#13;
Handmaid of the Church.' The gentlemen who form the&#13;
Publication Committee shall themselves, if they please,&#13;
when they have inquired into the conduct of their own&#13;
business, answer that question, each in turn, after the manner&#13;
of the House of Lords, every man his hand on his heart—&#13;
'Upon my Honour.'&#13;
"The third class is that of the knavish publisher. These&#13;
gentry, of whom there are many, are those who rob and&#13;
cheat the ignorant author in every account that they produce,&#13;
who chea-t and lie in their statements of the cost of produc-&#13;
tion, of t he sums spent in advertising, in the moneys they&#13;
have received, and, in fact, in every way that can suggest&#13;
itself to the ingenuity of man.&#13;
"The fourth class is that of the sweating publisher.&#13;
"The Select Committee of the House of Lords, on the&#13;
sweating system, of which the Archbishop of Canterbury,&#13;
President of the Society for Promoting Christian Know-&#13;
ledge, was a member, reports that the first evil of the&#13;
sweating system is 'A rate of wages inadequate to the&#13;
necessities of the workers or disproportionate to the work&#13;
done.' Let us accept this definition, and apply it to this&#13;
class of publishers.&#13;
"The sweating publisher, then, is one who grinds down the&#13;
faces of his unfortunate authors, who offers a miserable sum&#13;
for work which is going to bring him in a hundredfold&#13;
profit—who scruples not to toss an author a ten-pound&#13;
note for his labour, and without a pang of shame or&#13;
remorse makes ^50 or .£100 or £$oo profit for himself;&#13;
who knows no law but the cruel law of supply and demand,&#13;
and recognises no other right in an unfortunate author&#13;
but his right to receive meekly the highest sum that he can&#13;
obtain.&#13;
"There are many of these people abroad. They deal&#13;
largely with the productions of women. The sweater, it is&#13;
well known, works more comfortably by means of women.&#13;
They are helpless, they are ignorant of business, they are&#13;
yielding; if they cannot be frightened they can be cajoled.&#13;
And literary women, again, are timid about their own work,&#13;
not knowing what amount of stability they have achieved&#13;
or what is the extent of their popularity. Therefore the&#13;
sweater can do what he pleases with them. If they venture&#13;
gently to remonstrate, he bullies them; if they weep and&#13;
entreat, he threatens. He enjoys making them feel that he&#13;
is their master; he is never so happy as when he has them&#13;
at his feet, humiliated and submissive. The sweater is always&#13;
a bully as well as a sweater.&#13;
"He has got all kinds of excuses for his sweating. His first&#13;
excuse—in fact, the words are seldom out of his mouth—is&#13;
that there is perfect freedom of contract between himself&#13;
and his authors. 'It is take it or leave it. Here is a sum&#13;
of money, there is the MS.' That is all. There is no other&#13;
consideration.&#13;
"Freedom of contract! It is freedom of contract w hen the&#13;
wretched seamstress toils all day long—a day of sixteen&#13;
hours—for 11 hi.—or less. She is free to take it or to leave it.&#13;
It is freedom of contract when the poor woman who writes&#13;
for her bread submits a manuscript which has cost her weeks&#13;
and months of labour; yes, and that of a kind which requires,&#13;
before it can be produced, a pure heart, a lofty soul, a brain&#13;
rich with knowledge and a-glow with ideas, fancies, and a&#13;
imaginings, and a trained hand. Such a woman is a most&#13;
precious gift and blessing to the generation in which she&#13;
lives and works. She may lie a most potent force in the&#13;
advancement of humanity. But she is also a most sensitive,&#13;
and delicate instrument. And she has to deal with a sweater!&#13;
She goes to him trembling, because she knows what to expect.&#13;
He will toss her j£\0, £20, ^30, £$o, whatever it may be.&#13;
And out of her book he will make to himself a profit of ten,&#13;
twenty, fiftyfold.&#13;
"Freedom of contract! No greater mockery, no greater&#13;
cruelty than to speak of such a woman driven to such&#13;
necessities, as free to choose—free to accept or to reject.&#13;
She is not free, she is the slave of the sweater."&#13;
After these preliminary considerations, the&#13;
pamphlet quotes three several cases and describes&#13;
the treatment received by the author in each, and&#13;
the sums received.&#13;
In the first of these cases the Society bought,&#13;
outright, the copyright of a small biographical&#13;
work for the stupendous sum of £12! There was&#13;
also a promise, as affirmed by the author, of future&#13;
payment should the book prove "a success."&#13;
\Vhat constitutes a success? The book is now in&#13;
its seventh thousand—perhaps by this time in its&#13;
eighth or ninth. The Secretary, while denying the&#13;
promise, owns in his letters to a profit of about six&#13;
times that of the author! This he states without&#13;
a word of shame. Just as if it was a right and&#13;
proper thing, a thing in accordance with the highest&#13;
Christian ethics, that the Society should make this&#13;
enormous proportion of profit!&#13;
In a second case, the author, a lady, wrote ten&#13;
books for the Society. She received, on an average,&#13;
£50 a-piece for them. They were historical books&#13;
and works of fiction. Taking one of the books as&#13;
an example, it is shown that if 6,000 copies have&#13;
been sold this just and generous Society has made&#13;
a profit of about ^330 to the author's £50, i.e.,&#13;
£Z2&gt; 5s- &gt; so that taking the whole ten books the&#13;
profits of this Christian Society seem to stand at&#13;
the figures of ,£2,739 10 ^4rS—tne actual sum—&#13;
given to the author.&#13;
Who are the authors who write for this Society?&#13;
"I turn next to the list of authors. Setting aside the&#13;
clergymen who have written religious books and still keeping&#13;
to the department of belles lettres and fiction, I find among&#13;
the writers hardly one single name of those who at present&#13;
&#13;
&#13;
## p. 66 (#90) ##############################################&#13;
&#13;
66&#13;
THE AUTHOR.&#13;
stand in the first rank, of those in the second rank'half a&#13;
dozen. The rest are wholly unknown and obscure. Why is&#13;
this? Why does not this venerable Society, with its enormous&#13;
prestige, its immense clientele, its unparalleled power of selling&#13;
books, command the services of the best writers? Have all&#13;
the authors of Great Britain and Ireland abandoned the&#13;
Kaith of their Fathers? No bruit or rumour of so deplorable&#13;
an apostacy has reached my ears. How, then, can we&#13;
account for their absence?&#13;
"Is not the reason proclaimed—shouted aloud—by the facts&#13;
quoted above? Does the needlewoman continue in her&#13;
bondage when she has found a door of escape? Does she&#13;
return to her old employer unless she is compelled by famine?&#13;
"Let us, however, consider another imaginary scene. I see&#13;
before me a Society which has a department devoted to the&#13;
publication of books of all kinds; it defends, in the first in-&#13;
stance, the tenets and doctrines of the Christian religion, and&#13;
in the second place those of the Church of England. Besides&#13;
these books it publishes, on terms and methods prepared&#13;
with the most scrupulous attention to justice and righteous&#13;
dealing, a vast mass of general literature. It is an honour to&#13;
write for the Society ; it is a voucher of the value of the work,&#13;
only to have the name of the Society on the title-page; no&#13;
books have so wide a circulation. Hither come the historians,&#13;
the scholars, the poets, the essayists, the novelists, the writers&#13;
on science, art, music, everything. All the best men&#13;
come to this Society. Its corpus of literature contains all&#13;
that is best and noblest of the work of each generation.&#13;
Those who are authors by profession long to get into the lists&#13;
of the Society. If a clergyman of the Church writes such a&#13;
lxx&gt;k as Farrar's ' Life of Christ,' it is to the Society that&#13;
he goes with it quite naturally, and as if it was the only thing&#13;
to do. If another writes such a book as Green's ' History&#13;
of the People,' it is to the Society that he offers it. If a&#13;
novelist has a finished work, it is to the Society that he takes&#13;
it. This Society leads all other publishers, and is an example&#13;
for them; fair and honourable dealing is rendered necessary&#13;
to all by the bright and shining example of the 'Literary&#13;
Handmaid of the Church.' Nor is the money received the&#13;
only thing. This Society, while it continues to defend the&#13;
Church, regards literature from a broad and comprehensive&#13;
point of view. The Church is better served by those who&#13;
write for men, than by those who write for girls."&#13;
This "Reply" to the invitation of the Publica-&#13;
tion Committee of the S.P.C.K. has created&#13;
a certain amount of interest, as was to be ex-&#13;
pected from the nature of the subject and the&#13;
position of the venerable Society concerned. The&#13;
principles laid down in the pamphlet as to the&#13;
Ethics of Publishing are simple, and will probably&#13;
command general acceptance by all but persons&#13;
interested in keeping up the old fictions.&#13;
Among other letters received upon the subject is&#13;
one from a Bishop which so remarkably and so&#13;
fully (though in small space) illustrates a common&#13;
attitude of mind that I venture to quote from it.&#13;
His Lordship writes as follows :—&#13;
(i) "I do not find any reason to suppose that&#13;
the publishing department of the S.P.C.K..&#13;
act otherwise than other publishers."&#13;
One is sorry, indeed, that the Bishop thinks&#13;
so badly of other publishers. The pamphlet&#13;
shows some of the prices given by the S.P.C.K.&#13;
and some of the profits made out of the unfortu-&#13;
nate authors. Now, the good Bishop would boil&#13;
with indignation were he to read or hear of&#13;
sweaters in other trades. Yet he can find no tear,&#13;
no sympathy, for the sufferings of the man or woman&#13;
who writes and is sweated.&#13;
(2) "Nor am I convinced that there is any&#13;
injustice in a publisher who has purchased&#13;
an author's copyright making a larger&#13;
profit on the particular work than he seems&#13;
to have paid for. All publishers risk losses&#13;
by books that do not pay, and take their&#13;
chance of profit or loss. The author will&#13;
not share the loss. He has made his own&#13;
bargain and receives the money. I do not&#13;
see that he is entitled to claim a share in&#13;
the gain unless indeed that is part of the&#13;
bargain."&#13;
The Bishop has here confused two or more&#13;
points of importance which should have been kept&#13;
separate. Let us divide the word.&#13;
a. No risk need ever be incurred by the S.P.C.K.&#13;
Let us repeat this over and over again, be-&#13;
cause of all the Bogies, Spectres, and Ghosts&#13;
ever raised by interested persons this is the&#13;
hardest to lay. No Risk. No Risk at&#13;
ALL NEED BE INCURRED BY THE S.P.C.K.&#13;
In the old days, in fact down to very recent&#13;
times, the business of publishing was specu-&#13;
lative and risky. It is so no longer. That&#13;
is to say, the area of the reading public is so&#13;
vast; the book trade is so enormous; the&#13;
demand is so varied; the knowledge of&#13;
markets and the demand is so much in-&#13;
creased, that no publisher who knows his&#13;
business need ever undertake a risk. In&#13;
other words, having regard (i) to the&#13;
literary worth of a MS. (ii) to the subject;&#13;
(iii) to the name of the author; (iv) to his&#13;
own machinery—the publisher who knows&#13;
his business knows very well before he&#13;
consents to publish a book that he can&#13;
"plant" such a minimum number of copies&#13;
as will repay the cost of production, in-&#13;
cluding a certain profit for himself.&#13;
p. In the case of the S.P.C.K. their machinery&#13;
for the disposal of books is unrivalled.&#13;
They have shops and agents all over the&#13;
country; they have an immense number of&#13;
subscribers; and they have the invaluable&#13;
reputation of publishing only books that&#13;
are doctrinally "sound." Another reason&#13;
why the S.P.C.K. need never actually pub-&#13;
lish a book which results in a loss.&#13;
7. "The author will not share the loss."&#13;
First, there is, as I have said above, no&#13;
loss except such as is caused by an error of&#13;
judgment.&#13;
&#13;
&#13;
## p. 67 (#91) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
67&#13;
Next, apply this principle to other&#13;
branches of production. A man makes a&#13;
beautiful desk. He takes it to a shopkeeper&#13;
who sells desks. The shopkeeper says, "My&#13;
friend, this is an admirable desk. It should&#13;
be worth three pounds to you. But as I&#13;
was a fool yesterday, and bought a desk&#13;
which is too bad for me to sell again, I&#13;
can only give you thirty shillings. You&#13;
must share in the loss."&#13;
The Lord Bishop's ears shall not be&#13;
shocked by hearing the reply of that&#13;
cabinet-maker.&#13;
i. The principles laid down by this Society are&#13;
few and simple. For our part we contend&#13;
that they are based upon a commandment&#13;
which is read in the Churches every Sunday&#13;
once and sometimes in the week.&#13;
It is contended by the defenders of the Society&#13;
that they give away their books largely. Perhaps&#13;
they do—but perhaps their gifts are not so very&#13;
large. In one of the cases quoted the Secretary&#13;
did not claim to have given any away: he only&#13;
owned that the profits made by the Society&#13;
amounted to something like six times the sum paid&#13;
to the author. Now to repeat the Archbishop's&#13;
own definition, "The first evil of the sweating&#13;
system is a rate of wages inadequate to the neces-&#13;
sities of the workers or disproportionate to the&#13;
work done." Six times the author's profit! Six&#13;
times! My Lord Archbishop, late of the Com-&#13;
mittee on the Sweating System, will you produce&#13;
that sweating cabinet-maker, that sweating shoe-&#13;
maker, that sweating shirt-maker who sweats his&#13;
workmen to the tune of a profit six times the men's&#13;
wage? And there are other cases behind even&#13;
worse than those quoted in the pamphlet which&#13;
shall be produced in good time.&#13;
It remains to be said that as yet no reply at all&#13;
to this pamphlet has been issued by the Publication&#13;
Committee, nor has any answer been received by&#13;
the author from the President of the Society.&#13;
*&#13;
THE GERMAN SOCIETY OF&#13;
AUTHORS.&#13;
AS at present constituted the Deutsche Schrift-&#13;
steller Verbund originated from a fusion of&#13;
the old Schriftsteller Verbund (founded in&#13;
1878) and the former Schriftsteller Verein, a fusion&#13;
which took place some three years ago, and it&#13;
comprises now about 700 literary men and women&#13;
of Germany, Austria, and German Switzerland.&#13;
Its objects are :—&#13;
{a.) To look after the members' interests as to&#13;
their calling in general.&#13;
(6.) To support them in case of need and in old&#13;
age, as well as to provide for those they may&#13;
leave behind.&#13;
The constitution of the Society under the&#13;
Presidency of Herr Robert Schweichel in Berlin,&#13;
is similar to that of the English Society of Authors,&#13;
but it is at the same time sub-divided into branch&#13;
societies at Berlin, Breslau, Hamburg, Leipsic,&#13;
Frankfort-on-Maine, Munich, Stuttgart, Vienna,&#13;
Prague, and Gratz.&#13;
Rather important factors in the working order of&#13;
the General Society are :—&#13;
(a.) The "literary bureau," a kind of agency&#13;
established with a view to placing literary&#13;
work of the members, to providing situa-&#13;
tions (in editorial offices, &amp;c), and to find&#13;
out pirated reprints.&#13;
(d.) The "Syndikat," under a lawyer, to give&#13;
advice gratis on all questions regarding&#13;
their literary interests.&#13;
(c.) Courts of Arbitration, settling any disputes&#13;
between the members who, it must be&#13;
remembered, consist of editors as well as&#13;
contributors, and even as regards publishers,&#13;
I should think he would be a rash man&#13;
who would not readily submit to it.&#13;
The official organ of the Society is the "Deutsche&#13;
Presse," which comes out weekly.&#13;
All this may look satisfactory enough, but I am&#13;
afraid I must add that all is not yet in such perfect&#13;
working order as it might be, and I feel sure, one&#13;
day—will be.&#13;
As a special feature of our Society, however, I&#13;
should like to mention also the facilities for social&#13;
intercourse afforded thereby, and which by drawing&#13;
kindred—or may be sometimes even the reverse—&#13;
spirits of the same calling together, constitute&#13;
perhaps the greatest advantages cf all. There are&#13;
not only frequent meetings all through the year ot&#13;
the members of the different branch societies—some&#13;
having even special "Vergniigungs" Committees&#13;
for arranging entertainments, excursions, &amp;c.—but&#13;
once a year a particular place is chosen, to which&#13;
a goodly number of the members always flock from&#13;
all sides for several days' fete, and of course for the&#13;
transaction of some important business of the&#13;
Society. The place chosen for this summer is&#13;
Breslau, and if you, or any of your members, should&#13;
like to have any further information on the&#13;
"Schriftsteller Tag" of this summer, I should be&#13;
happy to give it as soon as the programme is out.&#13;
If any of the members of your Society should be&#13;
anywhere near Breslau at the time and care to be&#13;
present at the gathering, I feel sure they would be&#13;
heartily welcomed by my friends in Germany.&#13;
Wilhelm F. Brand.&#13;
&#13;
&#13;
## p. 68 (#92) ##############################################&#13;
&#13;
68&#13;
THE AUTHOR.&#13;
A HARD CASE.&#13;
No. III.&#13;
THIS was certainly a hard case, but it was&#13;
also one where the author's negligence&#13;
largely contributed to his own mishaps.&#13;
For this was a publishing transaction undertaken&#13;
without any agreement at all.&#13;
The publisher approached the author with&#13;
regard to the production of a technical work.&#13;
According to his proposal the author was not only&#13;
to contribute to the work, but was also to obtain&#13;
and edit the other material necessary, and to pay&#13;
towards the cost of production of the first edition&#13;
^150; it being understood that all other monies&#13;
necessary for the issue should be found by the&#13;
publisher. Any profits that might result were to&#13;
be equally divided between the author and the&#13;
publisher. These terms, however, were never&#13;
embodied in any agreement.&#13;
It is easy to see what they might mean.&#13;
When the cost of production is left entirely in&#13;
the publisher's hands, he can make it as high as he&#13;
likes. He can make it as low as he likes. He can&#13;
advertise to what extent he chooses. He need not&#13;
even advertise at all. He can receive money for&#13;
advertisements to be inserted in the work—it was&#13;
an annual of the nature of an almanac, appealing to&#13;
a very large body of scientific men, and especially&#13;
likely to be used as a medium of advertisement by&#13;
many tradesmen—and he can settle the scale at&#13;
which such advertisement shall be charged for.&#13;
He can print as many, or as few copies as he chooses.&#13;
He can, in fact, if he pleases, put off the author's&#13;
chance of a share of profits indefinitely, because it&#13;
is in his power so to manage matters that there&#13;
shall never seem to be any profit to share. He&#13;
can, almost without fear of detection, add what&#13;
sums he likes to the various items of the cost of&#13;
production; he can receive from tradesmen and&#13;
from advertisers whatever commission they may&#13;
choose to give him: he can, in fact, so arrange&#13;
a system of secret profits for himself, that he shall&#13;
receive at least six times as much as the author,&#13;
even should he allow the author ever to receive&#13;
anything at all. Of course he would always and&#13;
in all cases do such things at the risk of a law-suit&#13;
or a criminal prosecution, and, if the author had&#13;
provided himself with an agreement, having in it&#13;
a clause giving him the right to demand an audit&#13;
of the account, with the examination of the actual&#13;
charges incurred by the publisher, it is clear that&#13;
the publisher—though as unjust as the steward of&#13;
Scripture—would not be able to render "cooked"&#13;
accounts.&#13;
Whether or no some such "cooking" took place&#13;
in the case before us, cannot be certainly stated,&#13;
but the publisher asserted that the first three annual&#13;
editions only just covered the expenses, so that&#13;
there were no profits to divide, while it came to&#13;
the author's ears that considerable profits had really&#13;
been made. He then directed his solicitors to&#13;
apply for a statement of accounts.&#13;
Then a strange thing happened. The publishers&#13;
wrote repudiating the author's claim on the grounds&#13;
that they had nothing to do with the matter at all!&#13;
They were, they said, only issuing the annual on&#13;
commission for another gentleman—naming one of&#13;
their own employes, whose Christian name was par-&#13;
tially, andsurname entirely identical with those of the&#13;
head of the firm—and that to him all application for&#13;
redress must be made. They reminded the author&#13;
that all the correspondence concerning the business&#13;
had been transacted between himself and this&#13;
gentleman, who had, it appeared, represented him-&#13;
self as the firm.&#13;
Shortly afterwards the publishers went into bank-&#13;
ruptcy. The trustees then communicated with the&#13;
author, telling him that the accounts of his publish-&#13;
ing transaction with the bankrupts were open to&#13;
his inspection, but refusing to recognise his claim"&#13;
against the estate upon the grounds alleged by the&#13;
bankrupts.&#13;
Considerable profits were then found to have&#13;
been obtained upon the first three editions. The&#13;
employe^ whom the publishers declare to be their&#13;
client, and responsible to the author for the author's&#13;
share of profits, then wrote and denied his liability.&#13;
He asserted that the book was issued by the firm,&#13;
and not hy himself, and that it was ridiculous for&#13;
the firm to attempt to set up such a plea. He&#13;
promised to give the author every assistance in his&#13;
power, and, further, said that the accounts opened&#13;
for inspection did not reveal the true state of the&#13;
case, but that the profits were really larger than&#13;
they were there made to appear.&#13;
There was nothing to be done. The offenders&#13;
were bankrupt, and the author had no agreement&#13;
whereby to substantiate his claim.&#13;
The want of a proper agreement has often, to&#13;
our knowledge, been the source of great loss to an&#13;
author in various ways, but this is the only case&#13;
that has come before us in which the author was&#13;
not able to prove with whom he had made a con-&#13;
tract, having no written contract at all to show.&#13;
This book, treated with such a contemptuous&#13;
want of formality, seems to have been a fairly&#13;
valuable property. Would tlie author have allmved&#13;
a pig-stye of his to be hired of him without knowing&#13;
who his tenant actually was, and without taking the&#13;
trouble to record on paper the terms of the trans-&#13;
action?&#13;
&#13;
&#13;
## p. 69 (#93) ##############################################&#13;
&#13;
THE A UTHOR.&#13;
69&#13;
It remains to be stated that the author, who&#13;
only came to the Society when he thought it might&#13;
help him, retired when he found that nothing could&#13;
be done for him. This was, in fact, a Hard Case&#13;
for the Society. There have been many such, of&#13;
writers who keep aloof till they are in trouble, then&#13;
get proposed and elected, pay the first year's sub-&#13;
scription, sometimes entail upon the Society legal&#13;
expenses amounting to many years' subscription,&#13;
and then resign.&#13;
*&#13;
LA FEDERATION DU LIVRE.&#13;
To the Editor of'The Author.&#13;
I have read the " Literary Handmaid" with much&#13;
interest; the correspondence in the Guardian I&#13;
had seen at the time. I hope the Authors' Society&#13;
will keep up the discussion, and give an eye also&#13;
toother Religious Societies, which I do not imagine&#13;
to behave much better to their authors than the&#13;
S.P.C.K. This question of the duty of charitable&#13;
or religious institutions, as employers of labour, is&#13;
not new ; it must be thirty years or more since the&#13;
Bookbinders' Union appealed to the dignitaries at&#13;
the head of the Bible Society not to cheapen Bibles&#13;
to such a point as to make them hateful to the&#13;
starving folders and sewers. But in those days&#13;
good people were afraid of labour questions and&#13;
the operatives got no satisfaction.&#13;
Has it occurred to you that in this matter the&#13;
author, the printer, the binder—and even the ink&#13;
and paper-makers—are more or less in the same&#13;
boat? The unprincipled publisher, who grows&#13;
rich by grinding the faces of poor authors, also&#13;
has his binding and printing done cheap by the&#13;
houses which the Workmen's Unions call "unfair."&#13;
And these employers of cheap labour undersell&#13;
liberal publishers, and make it more difficult for&#13;
them to deal fairly by all grades of book pro-&#13;
ducers.&#13;
Now as authors—I won't say are—but are sup-&#13;
posed by an indulgent public to be—a superior&#13;
race of intellectual beings, would it not be appro-&#13;
priate for them to take the initiative in organizing&#13;
the industry with which they are connected dc fond&#13;
en cortbic, in a reasonable and righteous manner?&#13;
Should we not have a better position, as regards&#13;
the public, when trying to convince the " Literary&#13;
Handmaid " that the labourer is worthy of his hire,&#13;
if we spoke on behalf of all those who get their&#13;
living by assisting in the manufacture of books as&#13;
well as in the interests of the writers? Is it even&#13;
fair for the author to take a high moral ground and&#13;
lecture the publisher on his duties unless he him-&#13;
self is careful not to have any share in the profits&#13;
of iniquity?&#13;
But unless there is some concert and co-opera-&#13;
tion between authors and operatives, through their&#13;
respective organizations, how can the most scrupu-&#13;
lous writer be secure against a partnership in the&#13;
very evils, perhaps denounced in his book? At&#13;
present there is nothing to prevent authors who,&#13;
by position or principles ought to be most secure&#13;
against such dangers, from falling a victim to them.&#13;
There must be something rotten in the state of the&#13;
book trade when it is possible for the works of a&#13;
great and honourable writer to be printed at—what&#13;
the mass of workmen call—an "unfair " house : or&#13;
when the journal of a certain most illustrious&#13;
Authoress (who does not depend for maintenance&#13;
on her pen) narrowly escapes causing a strike&#13;
among the women sewing it. (The book referred&#13;
to was on extra thick paper, and the firm of binders&#13;
employed by the publisher refused to pay extra on&#13;
this account; the sore fingers produced by the&#13;
hard work required in a short time are still well&#13;
remembered in the trade.)&#13;
On the other hand, supposing the printing trade&#13;
to be hampered by any unreasonable or ignorant&#13;
prejudices among the operatives, who could medi-&#13;
ate with more effect than writers, who have an&#13;
interest in cheap printing, controlled by the con-&#13;
scientious desire to secure fair wages throughout&#13;
the trade?&#13;
Some slight approach has been made in Paris&#13;
towards recognizing this natural solidarity among&#13;
all workers in the book industry. I do not know&#13;
whether the Soci^ti; des Gens de Lettres is in any&#13;
relation with the Federation du Livre, which last&#13;
year had between 5,000 and 6,000 members in&#13;
Paris, including, besides ordinary compositors and&#13;
bookbinders, highly-paid lithographers and various&#13;
classes which have not yet learnt to act together&#13;
in England.&#13;
In the printing trade the State is not a better&#13;
employer than the Church, and while State, Church,&#13;
and competing private publishers continue to en-&#13;
force the "Law of elevenpence ha'penny," what&#13;
avails it for one eloquent author to lift up his voice&#13;
against it?&#13;
No doubt some people will say, authors have&#13;
enough to do to fight their own battles without&#13;
troubling about the operatives, who can take care&#13;
of themselves.&#13;
But it is often easier to do a big thing than a&#13;
small one. Suppose there are six sets of work-&#13;
men employed in turning out a book, including&#13;
the humble functionary who writes it. Each of&#13;
the six has to do with an employer or entrepreneur,&#13;
with an interest in keeping down his wages; and&#13;
all six, author included, are more often defeated&#13;
A&#13;
&#13;
&#13;
## p. 70 (#94) ##############################################&#13;
&#13;
70&#13;
THE AUTHOR.&#13;
thrm victorious in their bargains with this opponent.&#13;
But let the six interests be allied, and they are&#13;
stronger than any one adversary; and as a disin-&#13;
terested alliance is only possible in a good cause,&#13;
there is nothing to be feared from a rival federation&#13;
of sweaters.&#13;
If you object that the plea for extended organi-&#13;
zation comes with a bad grace from a scribbler&#13;
who has not joined the Society, I plead guilty and&#13;
am willing to amend, but the fact is, I have been&#13;
waiting for an occasion to ask your views on this&#13;
point first, as one feels now-a-days that any or-&#13;
ganization partaking of the character of a Trade&#13;
Union is particularly bound to recognize the rights&#13;
and interests interwoven with its own, and to sus-&#13;
tain rather than endanger their just claims.&#13;
Edith J. Simcox. *&#13;
UNAUTHORIZED PUBLICATION&#13;
OF SERMONS.&#13;
I.&#13;
SIR FREDERICK POLLOCK in your June&#13;
number criticises my note on "Copyright in&#13;
Lectures " which you published in May. I&#13;
hope you will permit me, as the writer of the note,&#13;
to point out that the common law only gives protec-&#13;
tion to lecturers so long as their lectures are not&#13;
published by being publicly delivered. This protec-&#13;
tion is afforded by the Courts in a practical way&#13;
by issuing an injunction against infringers. But&#13;
directly there is publication (as when a clergyman&#13;
preaches a sermon in church or a public lecture&#13;
open to all without condition is delivered) the&#13;
common law protection is at an end, and the&#13;
lecturer is left to such protection as the statute gives&#13;
him. I am glad of an opportunity to make this&#13;
distinction clear, although as my note only referred&#13;
to public lectures I did not before allude to the&#13;
common law rights in unpublished lectures.&#13;
Sir Frederick Pollock cites the case of "Caird&#13;
v. Sime" (12 App. Ca. 326) but it was there held&#13;
by the Lord Chancellor and Lord Watson (Lord&#13;
Fitzgerald dissenting) that Professor Caird's lec-&#13;
tures to the students of Glasgow University were&#13;
not public but private, and that, therefore, he was&#13;
entitled to a "perpetual interdict" against their&#13;
publication. Moreover, Lord Watson in his&#13;
judgment remarks :—" On the other hand I do not&#13;
doubt that a lecturer who addresses himself to the&#13;
public generally without distinction of persons or&#13;
selection or restriction of his hearers has, as the&#13;
Lord President observes in this case, abandoned&#13;
his ideas and words to the use of the public at&#13;
large." The preamble of the Statute 5 and 6,&#13;
Will. IV, c. 65, runs:—"Whereas printers, &amp;c,&#13;
have frequently taken the liberty of printing and&#13;
publishing lectures delivered upon divers subjects&#13;
without the consent of the authors, &amp;c, to the&#13;
great detriment of such authors, &amp;c." This, I&#13;
suppose, was true. As Lord Watson puts it in&#13;
"Caird v. Sime," the purpose of the Act is to&#13;
secure their right of property to the authors of such&#13;
lectures, notwithstanding their having been pub-&#13;
lished by delivery. Nor are all University, &amp;c,&#13;
lectures private, for, as Lord Watson was careful to&#13;
add, "there may be lectures delivered within the&#13;
walls of such institutions which do by their delivery&#13;
become public property just as there may be others&#13;
which do not." It was pointed out by the Copy-&#13;
right Commissioners, 1878, that these are denied&#13;
statutory protection. It was, as Lord P'itzgerald&#13;
observes in his dissenting judgment in the same&#13;
case, thought desirable by the House of Commons&#13;
of the day that these lectures should remain public&#13;
property, and that their authors should be denied&#13;
statutory copyright.&#13;
My authority for the statement that " a lecturer&#13;
is powerless to prevent unauthorized re-delivery," is&#13;
in the Report of the Copyright Commission, 1878,&#13;
pp. xvi, xvii. "The present Act of Parliament," the&#13;
Report runs, "which gives copyright in lectures,&#13;
seems only to contemplate one kind of copyright,&#13;
namely, that of printed publication, whereas it is&#13;
obvious that for their entire protection lectures&#13;
require copyright of two kinds, the one to protect&#13;
them from printed publication by unauthorised&#13;
persons, the other to protect them from re-delivery."&#13;
The Report goes on to suggest that an author's&#13;
copyright should extend to prevent re-delivery. If&#13;
the Commissioners are right, I am correct in stat-&#13;
ing that "there is no such thing as" performing&#13;
right "in a species of literary production in which&#13;
this may be really valuable."&#13;
Sir Frederick Pollock further remarks:—"There-&#13;
fore, a person acting on the commentator's opinion&#13;
that sermons 'seem to be clearly public property,'&#13;
would be more likely to make practical acquaint-&#13;
ance with the nature and operation of an injunction&#13;
than to make his fortune by unlicensed reprints of&#13;
pulpit eloquence." But I contend that it is a fact&#13;
that the piracy of pulpit eloquence is a systematic,&#13;
and, perhaps, a profitable trade. Lord Eldon, in&#13;
Abernethy v. Hutchinson [3 L. J. (Ch.) 214], distin-&#13;
guished the case of a clergyman as one in which&#13;
there was no remedy by injunction, and Copinger&#13;
remarks (Lmv of Copyright, p. 35), "it would appear&#13;
that sermons by Clergy of the Established Church,&#13;
&#13;
&#13;
## p. 71 (#95) ##############################################&#13;
&#13;
THE A UTHOR.&#13;
7i&#13;
in endowed places of public worship, are deemed&#13;
public property." The Bishop of Peterborough,&#13;
to whose case I referred, in complaining of the&#13;
unlicensed publication of his sermons by the Editor&#13;
of the Contemporary Pulpit, remarked (Times, June&#13;
14th, 1888):—"I am aware that for this kind of&#13;
literary assassination an unhappy preacher has no&#13;
redress; he is completely at the mercy of penny-&#13;
a-liners and enterprising editors who make 'per-&#13;
nicious nonsense ' of his discourses, and then vend&#13;
them for their own gain." A story is told of the&#13;
late Canon Henry Melvill to the effect that, on&#13;
one occasion, he paused in the middle of a sermon,&#13;
and exclaimed, pointing an indignant finger at a&#13;
reporter, "There is a thief. He is stealing my&#13;
property." Sir Frederick Pollock writes with&#13;
authority, but it is more than singular that an&#13;
injunction was never sought by any injured and&#13;
outraged preacher; and I venture to think that&#13;
the explanation is to be found in the fact that&#13;
sermons, like public lectures, are, in Lord Eldon's&#13;
phrase, "communicated urbi et orbi by the mere&#13;
act of delivery."&#13;
W. Morris Collet&#13;
II.&#13;
The point is certainly unsettled. I have little&#13;
doubt that a generation or two ago Mr. Colles's&#13;
opinion was the commonly received one. But, in&#13;
addition to disclaiming any pretension of writing&#13;
with authority myself (which would be superfluous&#13;
if I were writing for lawyers only), I may point&#13;
out that there is no real authority on the other&#13;
side. The opinion of the Copyright Commissioners&#13;
could not be referred to in a Court of Justice, and&#13;
the dicta in Caird v. Sime are extra-judicial, not&#13;
being at all necessary to the decision. It may be&#13;
a long time before we get a legislative declaration,&#13;
and meanwhile case-law can be improved only by&#13;
those who have the courage to dispute current&#13;
opinions. Many opinions quite as current as this,&#13;
and having more show of authority, have been&#13;
over-ruled in our own time. There would be a&#13;
fair chance, to the best of my judgment, of inducing&#13;
the Court of Appeal to throw on the unauthorized&#13;
reproducer the burden of proving an unlimited&#13;
dedication to the public. I do not know why&#13;
authors should acquiesce more than other men in&#13;
that view of a doubtful point which is least favour-&#13;
able to themselves, and I only wish the Bishop of&#13;
Peterborough had been advised to stand in the&#13;
breach. At all events the author who publishes a&#13;
revised text of his discourse has the protection of&#13;
ordinary literary copyright for his additions and&#13;
corrections. F. P.&#13;
III.&#13;
[Reprinted from The Times, June 14th, 1888. By permission&#13;
of the Bishop of Peterborough.]&#13;
To the Editor of The Times.&#13;
Sir,&#13;
I have just received a copy of a publication&#13;
purporting to be a series of sermons on the Church&#13;
Catechism by the Bishop of Peterborough, re-&#13;
printed, apparently, from the Contemporary Pulpit.&#13;
I ask your permission to state that this publication&#13;
has been made without my consent or knowledge;&#13;
and that (with the exception of the first sermon of&#13;
the series, which was partially corrected by me) I&#13;
am in no way responsible for its contents.&#13;
The facts of the case are interesting as an illus-&#13;
tration of what preachers, who, like myself, do not&#13;
use manuscript, have to suffer at the hands of re-&#13;
porters and editors of religious periodicals. I have&#13;
preached lately a series of short sermons in Peter-&#13;
borough Cathedral on the Church Catechism.&#13;
These were reported in the local newspapers; and&#13;
the editor, I think, of the Contemporary Pulpit, or,&#13;
if not, some other editor, sent me shortly after a&#13;
proof of the first of these for correction, with a&#13;
view to publication in his magazine. I found it,&#13;
as might have been expected, both imperfect and&#13;
inaccurate. I could not afford the time, even if I&#13;
had the ability, to reproduce the sermon from&#13;
memory. I was obliged, therefore, to content&#13;
myself with rendering into English a good many&#13;
sentences which were certainly not printed in that&#13;
language, and with erasing one or two amazing&#13;
doctrinal statements which were the reporter's and&#13;
not mine.&#13;
The remaining sermons were published in the&#13;
Contemporary Pulpit without any revision or cor-&#13;
rection from me, and are now republished in a&#13;
permanent form for the profit of the publisher or&#13;
editor, with the heading "Magee Extra; price&#13;
sixpence.&#13;
I am aware that for this kind of literary assassina-&#13;
tion an unhappy preacher has no legal redress; he&#13;
is completely at the mercy of penny-a-liners and&#13;
enterprising editors, who make "pernicious non-&#13;
sense" of his discourses and then vend them for&#13;
their own gain. I do not grudge them their gains,&#13;
though, if I might be allowed the choice, I would&#13;
gladly pay them what they might think their&#13;
venture worth on condition that they would forego&#13;
it. But what I do complain of is that, because I&#13;
will not, and indeed cannot, reproduce for them&#13;
my sermons, I must submit to the publication&#13;
and circulation of all the bad English and worse&#13;
theology which they think fit to give to the public&#13;
as mine. I complain, too, of the further annoyance&#13;
of having to answer numerous letters from per-&#13;
&#13;
&#13;
## p. 72 (#96) ##############################################&#13;
&#13;
72&#13;
THE AUTHOR.&#13;
plexed, and occasionally angry, correspondents,&#13;
who ask, "Did you really say this?" "Can it be&#13;
possible that you said that ?"and of having to write&#13;
to each one an assurance that I never said "this"&#13;
or "that," and an explanation—sometimes a long&#13;
one—as to what I really did say.&#13;
I know that these complaints of mine will fall—&#13;
so far as enterprising editors are concerned—upon&#13;
deaf ears. Preachers are their natural prey and&#13;
diet. But, as a matter of common honesty, I think&#13;
it only due to any intending purchaser of this&#13;
particular "Magee Extra "to apprise him that, if&#13;
he expends upon it the sum of sixpence, he will get&#13;
for his money a good deal more of the "Extra"&#13;
than of the " Magee."&#13;
I am, Sir,&#13;
Faithfully yours,&#13;
W. C. Peterborough.&#13;
Palace, Peterborough, June nth.&#13;
—»&#13;
IV.&#13;
[Reprinted from The Times, June 25th, 1888. By permission&#13;
of the Bishop of Peterborough.]&#13;
To the Editor of The Times.&#13;
Sir,&#13;
The editor of the Contemporary Pulpit alleges&#13;
that "misunderstanding has been caused" by my&#13;
not having "communicated with him" on the&#13;
subject of his " Magee Extra," about which I lately&#13;
wrote to you. I confess that I see no reason why&#13;
I should have communicated with him on the&#13;
matter. The injury of which I complained—&#13;
namely, the publication of a volume of sermons as&#13;
mine without my consent or knowledge and with-&#13;
out any correction or revision from me—was done&#13;
and could not be undone by means of any com-&#13;
munication of mine to the doer of it. It seems to&#13;
me that it would be as reasonable to expect me to&#13;
"communicate " with a person who had assaulted&#13;
me in the street in order to prevent any misunder-&#13;
standing that might arise from my giving him into&#13;
custody. Might I suggest to the editor of the&#13;
Contemporary Pulpit that previous communication,&#13;
in either of these cases, from the intending assailant&#13;
to his intended victim, would be the more reason-&#13;
able course of the two? It would prevent some&#13;
pain to one of the parties concerned, and a good&#13;
deal of trouble to both.&#13;
I hasten, however, to correct, as far as possible&#13;
to make amends for these "misunderstandings"&#13;
that I have caused. I was "mistaken," it appears,&#13;
in thinking "that my sermons were reprinted from&#13;
the Contemporary Pulpit." That periodical, it&#13;
seems, is none of your "penny dailies," nor six-&#13;
penny weeklies even. It is nothing less—so please&#13;
you—than a quarterly, which "publishes every&#13;
quarter full reflexes of the best preaching of the&#13;
day"—obtained in my case, at least, by printing off&#13;
a bundle of uncorrected newspaper cuttings—&#13;
edited with no greater pains or cost than is implied&#13;
in the use of the scissors and the paste pot. I&#13;
admit and apologise for my ignorance as to the&#13;
rank and dignity of this youngest of the "quarterlies."&#13;
Possibly, however, some of the editor's elder breth-&#13;
ren may think that, under the circumstances, and&#13;
for the credit of the family, some apology is due to&#13;
them from him. I was also wrong, I am told, in&#13;
believing that the editor was guilty of the weakness&#13;
of allowing me to revise the proof of even one of&#13;
my sermons. As a matter of fact, I did not assert&#13;
this. I gave him the benefit of the doubt, and&#13;
said that this was done either by him or " by some&#13;
other editor." I admit, however, my mistake in&#13;
crediting him with even this small amount of fair-&#13;
ness and courtesy, and I apologize accordingly.&#13;
Having now, I trust, sufficiently explained my&#13;
"mistake," I proceed briefly to comment on the&#13;
remainder of the editor's letter. He is evidently a&#13;
person who, in conducting his business, is in the&#13;
habit of "supposing" a good deal. For (1) he&#13;
"supposed " (he does not say why) that I revised&#13;
all the reports of my sermons for the newspapers in&#13;
which they appeared." (2) He " supposed" that&#13;
the necessarily hurried and rough correction of&#13;
reporters' errors and mistakes of the Press, which&#13;
alone is possible in such a case, was really equiva-&#13;
lent to the careful revision and to the supply of&#13;
omitted passages which a preacher might not un-&#13;
reasonably desire to make in a re-publication in a&#13;
permanent form of newspaper reports of bis sermons.&#13;
(3) He "supposed" that I had no "intention of&#13;
publishing these sermons myself." For, as he&#13;
assures us that it is his rule in such a case never to&#13;
publish, and as he certainly never said a word to&#13;
me on the subject, he must have either taken for&#13;
granted that I had no such intention, or he must&#13;
(4) have "supposed" that it was my business to&#13;
notify such intention to every religious editor in&#13;
the country, and that failing such notification they&#13;
were free to publish the sermons on their own&#13;
account.&#13;
In the next place, I observe that this editor&#13;
measures out his civilities to preachers in the&#13;
same way that railway servants are sometimes&#13;
accused of measuring theirs to railway passengers&#13;
—namely, according to their rank. To a "more&#13;
eminent preacher" than myself, it seems, "any&#13;
terms " for the right to publish his sermons revised&#13;
and corrected by himself." To second class&#13;
preachers like myself he offers no terms whatever,&#13;
&#13;
&#13;
## p. 73 (#97) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
73&#13;
and no opportunity for revision or correction. He&#13;
roundly claims the right to republish our sermons&#13;
as a literary speculation, uncorrected and unrevised,&#13;
when and how he pleases, unless, indeed, we in-&#13;
form him beforehand of our intention to publish&#13;
them for ourselves. How he treats third-class&#13;
preachers I hardly dare to imagine. It may be&#13;
that he does not publish their sermons in any&#13;
shape. If so, I should be infinitely obliged to him&#13;
if he would henceforth put me in the third class.&#13;
Probably, however, if we had the opportunity of&#13;
interviewing the eminent preacher above referred&#13;
to, he would tell us that, having been offered the&#13;
uncomfortable alternative either of devoting much&#13;
valuable time and pains to revising and correcting&#13;
his sermons for another man's profit, or of allowing&#13;
them to go forth unrevised, he chose, as the least&#13;
of two evils, the latter course. So should I, were&#13;
I given the choice, of which, however, it appears I&#13;
am not worthy.&#13;
The editor adds that "it is impossible for him&#13;
to yield to any further claim of mine." Let me&#13;
assure him that I made and make no claim upon&#13;
him whatsoever. I fully anticipated, as I said in&#13;
my former letter, that any claim of mine on him,&#13;
either for justice or mercy, would "fall on deaf&#13;
ears." Preachers are, as I said, "the natural prey&#13;
and diet of religious editors;" and I have never&#13;
heard that the carnivorous animals are much&#13;
affected by the sufferings of the creatures upon&#13;
which they dine.&#13;
All that I claimed was the right to disclaim all&#13;
responsibility for the "bald, disjointed trash,"&#13;
which he has published as mine, and to warn in-&#13;
tending purchasers of it as to what they would get&#13;
for their money.&#13;
One word more on the general subject. I make&#13;
no complaint of reporters. They do their best,&#13;
often under very difficult circumstances, and it is&#13;
no discredit to a country reporter if he is not as&#13;
deft and practised as one of the staff of The Times,&#13;
nor so well skilled in divinity as to qualify him for&#13;
detecting doctrinal misstatements in his reports,&#13;
which nevertheless may be distressing to a preacher.&#13;
Nor do I in the least complain of the editors of&#13;
local newspapers for publishing such reports. I&#13;
am not so absurd as to expect that editors of&#13;
newspapers should send me, even if it were always&#13;
possible to do so, the proofs of my sermons or&#13;
speeches, and still less that they should find space,&#13;
to the exclusion of other matter, for sermons in&#13;
extenso. I am quite content in this respect to&#13;
share "neighbours' fare," and to suffer, as every&#13;
public speaker must, the passing annoyance of&#13;
some misquotation, which I can correct, if I care&#13;
to do so, in the next day's paper, or the suppression&#13;
of what I might wish had been published, but&#13;
which the editor, probably quite rightly, thought&#13;
might not interest his readers. I know that all&#13;
such reports will, in a day or two, find decent in-&#13;
terment and oblivion in the common grave of&#13;
speeches and sermons, the back files of old news-&#13;
papers.&#13;
But it is quite another matter when some re-&#13;
ligious editor exhumes the mangled corpse, labels&#13;
it as mine, and displays it in an exhibition, "ad-&#13;
mission sixpence," in order that he may turn what&#13;
I suppose he calls an honest penny at my expense.&#13;
To protest against this may appear to the editor a&#13;
"claim " so outrageous that he "declines to com-&#13;
ment on it." To me it appears a perfectly just and&#13;
reasonable protest against a practice which I had&#13;
rather not describe by its proper name.&#13;
I am, Sir,&#13;
Yours faithfully,&#13;
W. C. Peterborough.&#13;
The Palace, Peterborough, June 22nd.&#13;
*&#13;
THE INAUTHORATED CORPSES.&#13;
TWO Congresses, fifteen Legislatures, one&#13;
House of Commons, and several hundred&#13;
newspapers had sat upon the question of&#13;
International Copyright for years; and nothing&#13;
beyond pirated editions were ever hatched of it.&#13;
As the honourable member for Lower Idaho&#13;
pointed out in Congress: "If we can hike down&#13;
the fruit of the centuries from the moss-gnarled&#13;
trunks of an effete civilization over the sea, why in&#13;
Paradise should we pay a dollar for a book when we&#13;
can hook it for a dime? Let the good work go on."&#13;
In England every vestryman knew that there were&#13;
no votes to be obtained from authors, and no one&#13;
could quite understand what it was the gang&#13;
wanted, or why they should actually own what&#13;
they had " made out of their heads, y' know," and&#13;
the situation crystallued itself into a round game&#13;
of grab. The American publishers began by giving&#13;
an English author ten pounds for advance-sheets&#13;
of a book which they brought out for fifty cents.&#13;
Then the Sad Sea Wave Library would undercut&#13;
the first firm, and produce a thirty cent edition;&#13;
and last of all the "Bowery Bloodsucker Serials"&#13;
would set a muzzy German to abridge and adapt&#13;
the book and would issue the mutilated fragments&#13;
for a dime or ten cents. When a man had taken&#13;
some trouble over his book and put perhaps one&#13;
or two ideas into it, and was feeling happy, his&#13;
friends would post him American variorum edi-&#13;
tions of that book to make him happier. Later&#13;
&#13;
&#13;
## p. 74 (#98) ##############################################&#13;
&#13;
74&#13;
THE A UTHOR.&#13;
on the American publisher discovered that it was&#13;
not worth while to pay the author for advance-&#13;
sheets at all. The syndicates established an agency&#13;
for appropriation, and their agents moved among&#13;
the English printing-houses and turned the handle&#13;
of a printing press four or five times more than&#13;
was necessary, and went away with the advance-&#13;
sheets. That was called Enterprise, and it made&#13;
both the British and American reading public&#13;
laugh.&#13;
Then the authors borrowed some writing-paper&#13;
and wrote a petition to Parliament asking that the&#13;
fight might be made if not a fair, at least a free one.&#13;
They respectfully prayed that all the laws were on&#13;
one side, but, they said, if the matter of copyrights&#13;
were "left to be fought out by such instruments as&#13;
your petitioners' resources allow they would ever&#13;
pray, &amp;c." Parliament being then extremely busy&#13;
with a new scheme for Local Self-Government&#13;
in Cornwall (which county had discovered that it&#13;
was Phoenician and not British), said, "Let it be&#13;
law as it is desired," and it was law.&#13;
Three days after it came into effect, the London&#13;
representative of the great "publishing" firm of&#13;
Fibbs and Glew met an author-man by appoint-&#13;
ment in the former's rooms.&#13;
"How is the Legend of the Spotted Death getting&#13;
on ?" said the representative, with a grin.&#13;
"Gone to press," said the author. "What are&#13;
you going to do about it?"&#13;
"Nothing much. One of our men photoed&#13;
the MS. page by page in the office, with a button-&#13;
hole camera. I've mailed the enlarged films to&#13;
America, and I guess we've got the drop on your&#13;
English lirm this time."&#13;
"But I'm going to knock the thing about in proof&#13;
a great deal," said the author. "There's more bad&#13;
work in the last chapter than I care to think of."&#13;
"'Can't help that," said the representative.&#13;
"We must be first in the market if you wrote a&#13;
revised edition of the alphabet with twenty-six&#13;
misprints. However, we've dealt with you from&#13;
way back. Here's a tenner. Take it or leave it."&#13;
He turned to his desk to get the money. When&#13;
he faced round he was looking directly down the&#13;
barrel of a '440 Derringer. His hands stiffened&#13;
above his head, the bank note in the right fist.&#13;
"Who has the drop now?" said the author.&#13;
"It's a fair fight at last—with such resources as we&#13;
can command. Keep your hands up, please."&#13;
"Don't be an ass," said the representative.&#13;
"This isn't a theatre."&#13;
"Quite right. It's a court of law. Understand,&#13;
I'm not in the least angry with you. You had a&#13;
perfect right to steal my work, which is about all&#13;
the property I have or ever shall have. You were&#13;
entitled to insult me with the sort of 'tip' his&#13;
uncle gives to a boy going to Eton, as well as to&#13;
make hay of my sentences to suit your con-&#13;
venience. There was no law, and so you reverted&#13;
to the primitive man. Quite right. Now you're&#13;
going to learn the law just as a horse-thief in Idaho&#13;
learns it—through fear of death and physical pain."&#13;
He took the bank note from the uplifted hand.&#13;
"Lie down on the hearth-rug with your hands&#13;
behind you. I'm going to take all the money I&#13;
can find in the office. Drop!"&#13;
The representative obeyed, and the author made&#13;
investigations which repaid him for two years'&#13;
sales of unauthorized editions.&#13;
"Now it's not safe," he concluded, "to leave you&#13;
with a fighting hand. I should be within my right&#13;
if I killed you as your countrymen kill horse-thieves.&#13;
And let us be moral. Why do they kill horse-&#13;
thieves?"&#13;
"Because," said the representative, his face on&#13;
the hearth-rug, "the assumption is that when you&#13;
steal a horse you dismount a man, and the man&#13;
may die in the wilderness."&#13;
"Exactly. How do you know where I wish to&#13;
ride on these my books, and why do you try to&#13;
dismount me before I dismount myself?"&#13;
"There was no law," said the representative.&#13;
"The law has come now. It's primitive for the&#13;
nineteenth century, but I think it will work. Hold&#13;
your right hand over the fender-rim; I don't want&#13;
to spoil your carpet. There! Through the right&#13;
wrist. That will cripple you for life. If you can&#13;
shoot me with your left next time we meet, well and&#13;
good. Then you can go on stealing without fear.&#13;
Let me tie your hand up. We must all learn the&#13;
Law with pain and sorrow. Good bye!"&#13;
The author departed while the representative lay&#13;
fainting with his head in the fender. He came of&#13;
a nation eminently just at heart, so he brought&#13;
neither a civil nor a criminal suit against the&#13;
author, but went to the very best doctor and the&#13;
best gunmaker in all London, and made arrange-&#13;
ments to bring out an edition as soon as possible&#13;
of that author—in boards—limited to one copy.&#13;
&#13;
&#13;
&#13;
## p. 75 (#99) ##############################################&#13;
&#13;
THE AUTHOR.&#13;
75&#13;
LEAFLET No. III.&#13;
On Paying for Publication.&#13;
THOSE who pay for the publication of their&#13;
works are young poets, travellers, novelists,&#13;
essayists, and clergymen who bring out&#13;
their sermons. The number of poets who at the&#13;
present moment can dispense with the ceremony of&#13;
pre-payment for publication is certainly small,&#13;
probably not more than eight or nine. And there&#13;
appears no indication of an immediate increase in&#13;
their number. The handsome illustrated books of&#13;
travel appear also, for the most part, and judging&#13;
from the agreements sent to this Society, to be&#13;
largely paid for by the author, who is asked to&#13;
"guarantee," that is, to take and pay for, at a&#13;
certain price, so many copies. The greater number,&#13;
however, of those who pay for the production of&#13;
their books are novelists. Now in the year 1889&#13;
lhere were 828 new novels published and 353 new&#13;
editions of novels. (Let us here remark that both&#13;
writing and publishing of novels ought to be in a&#13;
healthy condition since so many new editions are&#13;
called for.) Out of the 828 new works of fiction&#13;
at least one-half are children's books or goody books,&#13;
of which the output is enormous. Of the remaining&#13;
half between two and three hundred are three volume&#13;
novels; the rest are either six shilling one volume&#13;
novels, or shilling stories. In any case at least&#13;
two-thirds, and perhaps three-fourths, of this long&#13;
list of novels are books paid for by the author.&#13;
The following is the invariable process. The&#13;
author has written the book—perhaps with im-&#13;
mense pains and trouble; perhaps he has " dashed"&#13;
it off at odd moments when there was nothing else&#13;
to do. In any case the MS. is at last ready. The&#13;
writer of it now begins to send it round. He&#13;
looks at the advertised lists of books. He selects&#13;
a firm: if he is wise, he begins with a big house:&#13;
and he sends off his manuscript. He then waits&#13;
with a beating heart for a reply. Presently he&#13;
receives a polite answer declining the work. He&#13;
tries another publisher with the same result. And&#13;
a third —being rejected again. At this point he&#13;
generally commits a fatal error. For, if he were a&#13;
wise man, he would argue that (1), these firms all&#13;
vol.. 1.&#13;
ardently desire to publish good work which they&#13;
can sell; that (2), the fact of their refusal to pub-&#13;
lish his work shows that it lacks at least com-&#13;
mercial value, if not literary merit; and that (3),&#13;
he should now revise it and submit it to some third&#13;
person, say one of the readers for this Society, for&#13;
an independent opinion as to the cause of these&#13;
repeated failures. But he does not take this line at&#13;
all. He says, "Perhaps, if a great house will not&#13;
take my MS., a smaller house will." Now, there&#13;
are small houses of various kinds. Most of them&#13;
mainly live by bringing out books which are paid&#13;
for by the authors. Some of them do this work,&#13;
which can hardly be called the highest class of&#13;
publishing, honourably and honestly. Others, to&#13;
put it mildly, do not. He goes to one of these&#13;
and he pays for production.&#13;
Whether the author pays a large sum or a small&#13;
sum need not here be considered. The question&#13;
is, why he pays anything at all.&#13;
Consider. There are many authors and many&#13;
publishers. But there is only one public. It is&#13;
true that there are many branches of the public.&#13;
One branch, for instance, likes sporting books, and&#13;
another likes religious books; some like love&#13;
stories and others like murders. Still only one&#13;
public, wherever the author goes—for all publishers&#13;
alike.&#13;
Let him ask this question then. If this public&#13;
should refuse to buy this MS. if published—say&#13;
—by Longman or Bentley, of what other pub-&#13;
lisher would they buy it? and for what reason ? .&#13;
In other words:—If a MS. is offered to all the&#13;
respectable houses in vain, it is refused because&#13;
all the respectable houses are agreed in thinking&#13;
that the public will have none of it. Where, then,&#13;
is that other public which will demand it when it&#13;
is published elsewhere?&#13;
In this Society, cases by the score—by the&#13;
hundred—have been examined in which the author&#13;
has had to pay for the production. Nay, in look-&#13;
ing down the lists of new books advertised in the&#13;
papers, we are able to name the books which are&#13;
paid for because we know the houses which publish&#13;
in this way. Seldom, indeed, does a case come&#13;
before us in which the writer gets any of his money&#13;
back. Never does he get any kuIo* at all. He&#13;
1&#13;
&#13;
&#13;
## p. 76 (#100) #############################################&#13;
&#13;
76&#13;
THE A UTHOR.&#13;
gets contemptuous reviews, his friends snigger at&#13;
his failure, he writhes under the shame and pain&#13;
of the plain truth : and when his accounts come&#13;
in there prove to have been no sales.&#13;
Only yesterday I read a letter from a young lady.&#13;
She had paid ^50, being deluded by glowing&#13;
hopes, but not actual promises, of large profits&#13;
to divide. The sales amounted to £1 2s. gd.&#13;
Sometimes, however, there are absolutely no sales&#13;
at all.&#13;
Literary vanity is, of course, at the bottom of&#13;
this folly. All the writer asks for is to be in print,&#13;
only to be printed; if he can obtain this, as he&#13;
always can on such terms, he will pay anything&#13;
and sign anything. No rebuffs, no reader's&#13;
opinions, no rejections can persuade him that his&#13;
MS. is worthless, and that, whatever he pays, he&#13;
will meet with nothing but disappointment, vexa-&#13;
tion and shame. He is quite sure that his work is&#13;
brilliant and certain to succeed.&#13;
There are instances on record of books, after-&#13;
wards successful, having been refused by one pub-&#13;
lisher after the other. The famous and leading&#13;
case of Vanity Fair is one. These instances do&#13;
mightily comfort the rejected author. He feels&#13;
himself a possible Thackeray // only he can get&#13;
printed. Mistakes, he says, have occurred before&#13;
now. Readers are fallible. Mistakes may occur&#13;
again. And perhaps the reader is also himself a&#13;
novelist. We all know that jealousy is a common as&#13;
well as a hateful vice. Or perhaps the reader knows&#13;
some private enemy of the author and bears a grudge.&#13;
What more likely than that the jealous reader&#13;
should wish to smother a dangerous rival? Or&#13;
perhaps the perfidious reader has not even taken&#13;
the trouble to look at his work. Anyhow, since&#13;
the best firms are so foolish as to refuse to make&#13;
money by his work, some other shall have the&#13;
chance. He will get it printed even though he&#13;
has to pay for it. And so the output of worthless&#13;
books is increased by one more, and the reviewers&#13;
grow more and more savage over the swelling&#13;
flood of rubbish, and the noble art of fiction is&#13;
degraded and insulted. Will not the readers of&#13;
this paper join in dissuading, by all means in&#13;
their power, their friends from paying for produc-&#13;
tion? Editor.&#13;
QUESTIONS, CASES, AND&#13;
ANSWERS.&#13;
"Some years ago I wrote a biographical paper&#13;
for a magazine. It was accepted and published.&#13;
When I wrote for payment I had no reply. I&#13;
wrote another paper also on an historical subject for&#13;
a weekly newspaper. The editor returned it, ask-&#13;
ing me to enlarge it. This I did, and he printed&#13;
it. But he never paid me.&#13;
"I recently sent an article of a similar character,&#13;
on which I had expended a considerable amount&#13;
of trouble and time, to a monthly magazine. The&#13;
editor has now lost it. I have kept no copy, and&#13;
must write it again. Is there no redress?&#13;
"A publisher lately signed an agreement in which&#13;
he covenanted to bring out a written work in a&#13;
certain series at a certain price. He has printed&#13;
the work and now refuses to bring it out, alleging&#13;
that he believes it would be a failure. He offers&#13;
the author the printed sheets for the price of set-&#13;
ting up the work. What should the author do?" ♦&#13;
If such a thing should now occur of an editor&#13;
accepting a MS., publishing it in his paper, and&#13;
refusing payment, the author has only to bring the&#13;
case before the Society and he will get redress.&#13;
But the Society cannot take up old cases.&#13;
As for losing a MS. most editors find it necessary&#13;
to warn authors that they will not be responsible&#13;
for losing MSS. If contributors could see the piles&#13;
of MSS. offered to every editor they would not be&#13;
surprised at this stipulation.&#13;
The third question is one for a lawyer to con-&#13;
sider. The proposer of the case should sent up&#13;
all the agreements and letters to the Secretary.&#13;
"When an author has paid for the publication of&#13;
a book is it fair on the part of the publisher to sell&#13;
the remainder of the edition as waste paper without&#13;
consulting the author, without giving him the choice&#13;
of buying up the remaining copies, which he would&#13;
assuredly in many cases be glad to do at a price&#13;
even above that of waste paper?&#13;
"If the publisher is entiiled to do this can the&#13;
poor author lay no claim to a share in the proceeds&#13;
of this melancholy transaction?"&#13;
The reply to the last question is that the agreement&#13;
generally contains a clause giving the publisher&#13;
such power. It is for the author before signing&#13;
the agreement to make a stipulation that he shall&#13;
first be consulted If he has paid for the publi-&#13;
cation all the copies should be his own, and the&#13;
remainder of the stock should be sent to him as&#13;
soon as the sale is finished.&#13;
&#13;
&#13;
## p. 77 (#101) #############################################&#13;
&#13;
THE A UTHOR.&#13;
77&#13;
Up to the present, authors have always felt that&#13;
to have an MS. published in a magazine was to&#13;
ensure payment according to the scale of the maga-&#13;
zine. This prop appears about to be knocked from&#13;
under them. An enterprising publisher has now&#13;
hit upon the ingenious plan of getting work into&#13;
his magazine for nothing. His method and the&#13;
generosity of his soul are shown in a letter addressed&#13;
to an author. He says that he has been in con-&#13;
sultation with the editor of the Magazine&#13;
since he received the writer's MS. The Editor is&#13;
willing to insert this story as a serial, if it is illus-&#13;
trated. This the Firm would be willing to do at&#13;
their expense, "if you are willing to make over the&#13;
story to us free of charge." Should the Firm, in&#13;
the future, think to bring out the work as a volume,&#13;
they should perhaps be able to offer some small&#13;
sum. The pages of the magazine, he says, are full&#13;
for twelve months to come, but the Firm will retain&#13;
the MS. and insert it after that period if the writer&#13;
wishes. "It would have the effect of placing your&#13;
name before the public at all events."&#13;
He goes on to say, "The Firm feel that the&#13;
publication is such a speculation, that considering&#13;
that a great deal of money will have to be spent&#13;
upon illustration and advertising before its publica-&#13;
tion, no payment can be offered to the author until&#13;
the work appears in book form." The letter con-&#13;
dudes with these words: "We have really only&#13;
made the offer to insert the story in the magazine&#13;
so as to try and give you some encouragement to&#13;
continue writing."&#13;
Observe upon this:—i. The publisher, con-&#13;
sidering the vast sums he spends on illustrating and&#13;
advertising his magazine, cannot pay for the work&#13;
at all. The same reasons apply to all other con-&#13;
tributions. Therefore, we suppose, he has a good&#13;
reason for paying nobody. 2. The author is to give&#13;
him the copyright of the work. If he chooses, he&#13;
is to give her " some small sum," whether it succeeds&#13;
or not. Even if it turns out to be a great success,&#13;
he is not bound to give the author anything.&#13;
3. This noble offer is wholly disvnteresttd and&#13;
prompted by nothing but a disposition to help a&#13;
struggling author! Generous, large-hearted, whole-&#13;
souled Patron of Letters! One other observation&#13;
presents itself. How enviable is the lot of the&#13;
editor of such a magazine!&#13;
"In your last number, quoting Mr. Rider Hag-&#13;
gard's letter to Messrs. Rand, McNally &amp; Co., you&#13;
very justly denounce what you call a 'new terror&#13;
to literary men.' But this piratical liberty of&#13;
mutilating as well as stealing literary property is by&#13;
no means new. It must be some fifteen years ago&#13;
that I picked up by chance on an American book-&#13;
vor. 1.&#13;
stall a little book of my own, which, without my&#13;
knowledge, had been fitted for theft by the altera-&#13;
tion of phrases likely to wound transatlantic sus-&#13;
ceptibilities. I fancy such a process of judicious&#13;
editing of stolen matter is far from uncommon.&#13;
Has no enterprising American firm thought of&#13;
bringing out a revised edition of the Bible, with&#13;
desirable omissions—for instance, of the eighih&#13;
commandment! We can sympathize with Mr.&#13;
Rider Haggard; but he must not expect from all&#13;
robbers the courtesy of a Claude Duval."&#13;
A. R. H. M.&#13;
"Do warn," a lady writes, "all young authors of&#13;
the folly of doing all or nearly all their work for&#13;
one editor. Editors die, or, as in my case, take&#13;
up another paper or magazine, and the faithful old&#13;
contributor finds her position changed.&#13;
"Ten years ago I did an immense amount of&#13;
work for a certain paper, which we will call the&#13;
Strand Circus—essays, stories, &amp;c. It was then&#13;
edited by the eldest son of the proprietor, and I&#13;
was given to understand that it would be worth my&#13;
while to work away at the Strand Circus, to study-&#13;
its interests, and not go roving here and there&#13;
with MSS. Therefore I declined offers of work from&#13;
other papers, and never sought new openings. All&#13;
went well for many years. Then the father died;&#13;
his son had to take over other work, and a new&#13;
editor was appointed." The sequel may be guessed.&#13;
The warning, however, is serious. Let no young&#13;
author be contented with one magazine or journal.&#13;
In every fresh opening he should find another&#13;
pillar of support, and another body of readers and&#13;
friends.&#13;
♦&#13;
Bad authors create bad publishers. This fact, once&#13;
fully apprehended, should be an inceniive to the&#13;
production of good work. But perhaps the state-&#13;
ment wants explanation. A correspondent fur-&#13;
nishes an illustration.&#13;
"A lady once wrote to me 'as a successful&#13;
author'—I had at that time published one in-&#13;
different novel, which had been gently reviewed—&#13;
asking my advice under the following conditions.&#13;
She had published three novels at her own expense,&#13;
not one of which had attracted any attention.&#13;
What did I think she had better do now? The&#13;
style of her stationery, as well as this confession,&#13;
pointed to her being wealthy, while the literary&#13;
style of her letter proved that she had no idea of&#13;
writing at all.&#13;
"This experience directed me in certain inquiries,&#13;
and I discovered how- the idiotic three volume&#13;
novels which are found in circulating libraries at&#13;
F 2&#13;
&#13;
&#13;
## p. 78 (#102) #############################################&#13;
&#13;
7«&#13;
THE A UTHOR.&#13;
seaside places get beyond the MS. stage. They&#13;
are written by well-to do women who are ready to&#13;
pay £200 to get a novel published.&#13;
"Does not the existence of 'authors' of this&#13;
kind account in some measure for the existence of&#13;
low class publishers? May we not go even further&#13;
and call this fact a justification of their existence?&#13;
Honourable publishers refuse books which .ire&#13;
foregone failures; they will not allow their names&#13;
to appear on the title-page of such rubbish. Where,&#13;
then, are the poor rich things to go with their MSS.&#13;
and their money, save to such a friendly gentleman,&#13;
who will kindly take £200 for publishing a book&#13;
which costs less than £100 to produce?"&#13;
My correspondent is a little too hasty. It is not&#13;
only the rich woman but the poor woman as well&#13;
who is responsible for the existence of these persons.&#13;
It is any one, man or woman, who believes that a&#13;
MS., refused by those who only publish books&#13;
certain to be in demand, will be accepted by the&#13;
public when they are issued by those who publish&#13;
any rubbish brought to them. In another part of&#13;
this number we deal with the question of paying for&#13;
publishing at greater length.&#13;
"I think," says a correspondent, "that you do&#13;
not realise that small authors really get a great&#13;
advantage in selling their copyright. In this way&#13;
we get the money at once, without waiting for a&#13;
year, and we have no risk or anxiety as to whether&#13;
the book will sell or not." Well, if there is any&#13;
risk or anxiety on that score the publisher will not&#13;
buy the MS. at all. At the same time there are&#13;
very few writers who would not rather take a lump&#13;
sum down than the same or a little more spread&#13;
over a term of years. The hardship is that the&#13;
lump sum down is too often such a very little lump&#13;
indeed. One fair and honest way would be for the&#13;
publisher to buy an edition of so many copies, a&#13;
new arrangement to be made when these were&#13;
gone.&#13;
*&#13;
A PERSONAL EXPERIENCE.&#13;
MY remarks arise out of one made by Mr.&#13;
Max Miiller :—" Find a respectable pub-&#13;
lisher and stick to him." It has been&#13;
the ambition of my literary life to do so, but I shall&#13;
have to postpone it, I fancy, to another and a better&#13;
world! I began full of hope ten years ago, deter-&#13;
mined to give the public the best work of which I&#13;
was capable as a novel writer. I loved the work&#13;
and spared no pains to make it good. I sent what&#13;
I had written to a firm of leading publishers, who&#13;
accepted my novel. Terms—half profits. I&#13;
accepted the offer with joy, thinking myself fortu-&#13;
nate th:it I had not been asked to take any risks.&#13;
My book was well launched and excellently re-&#13;
viewed by all but the Athenceum, Academy, and the&#13;
Saturday Revieiv. The Athenceitm called it "a&#13;
wealth of nonsense," whereupon I asked the&#13;
editor—when I told him it had been accepted on&#13;
its merits by the firm in question, who, he admitted,&#13;
would not have accepted "a wealth of nonsense "—&#13;
how he permitted such an unjust criticism in the&#13;
pages of a journal supposed to guide literary&#13;
opinion. The Academy critic cast odium on his&#13;
paper by uttering an opinion on the book and the&#13;
writing which a subsequent critic in the same paper&#13;
emphatically contradicted. He spoke of the book&#13;
as "beneath criticism," while my next critic&#13;
in the same referred to it as a book of " distinct&#13;
merit." The Saturday Review danced upon it.&#13;
The result of this handling by the three leading&#13;
papers then, was, that the short three months'&#13;
existence enjoyed by a three volume novel, by an&#13;
unknown author, was insufficient to sell the number&#13;
of copies published, and my publishers, while&#13;
admitting that I had written a good book, found&#13;
me a non-financial success, and bade me go else-&#13;
where. The consequence of their decision was&#13;
that other firms fought shy of my next book, which&#13;
took three years in finding a publisher and was&#13;
refused by twelve, one of whom took twelve months&#13;
to consider it, and finally refused it "regretting—"!&#13;
It was published at length and favourably reviewed.&#13;
But all this came too late. The three years lost in&#13;
finding a publisher made me practically once more a&#13;
beginner after the lapse of five years between my&#13;
first and second book. I lost heart after this, and&#13;
tried no more "leading firms," since I found it was&#13;
not good work they wanted so much as quick&#13;
financial returns.&#13;
Last year, ten years after my first work appeared,&#13;
I went casually and as a stranger into a first class&#13;
library in a fashionable watering place. I asked for&#13;
a small shilling story I had just brought out—not&#13;
by a leading firm. Of course it had never been&#13;
heard of, so I humbly said, "It is by the author of and "naming my books. "Oh," ex-&#13;
claimed the librarian, brightening up, "I know&#13;
those books well, they are among the best read in&#13;
our library." This after ten years!&#13;
Moral:—Would it not be well for leading firms&#13;
to be a little more patient with the slow sales of an&#13;
unknown author's work ripening into "profits." My&#13;
difficulty has been not so much in not being able&#13;
to find a publisher I could stick to, but in finding&#13;
one who would stick to me. I think I have proved&#13;
that the adhesive properties are not lacking in&#13;
&#13;
&#13;
## p. 79 (#103) #############################################&#13;
&#13;
THE AUTHOR.&#13;
79&#13;
consequence of bad work, or work that is short-&#13;
lived. Where is the remedy for such a case as&#13;
mine?&#13;
Editor's Note.—Perhaps the author is wrong,&#13;
and the three leading literary papers were right.&#13;
That is to say, they were probably right when they&#13;
condemned the book from a literary point of view,&#13;
and in regard to style or artistic construction. In&#13;
such matters these papers do not often go wrong.&#13;
But there are readers in plenty who regard neither&#13;
style nor artistic construction. For them the&#13;
story—that is the leading situation—is everything.&#13;
And the leading firms do publish many books every&#13;
year the sale of which is necessarily slow.&#13;
*&#13;
CHESTNUT BELLS ENCORE.&#13;
APROPOS of Chestnut Bells. We often see the&#13;
hand-bell in grotesque sculptures of the&#13;
middle ages used in a manner which clearly&#13;
indicates that it is intended to impose silence, oras an&#13;
intimation that what one person is saying is not&#13;
believed in, or is ridiculed by another. Thus on the&#13;
grand portal of St. Stephen's Church, Vienna, there&#13;
is a sp;rited stone-picture of a rollicking witch and a&#13;
reprobate priest (perhaps a sorcerer), engaged in&#13;
a tussle, he holding her by one leg, while she with&#13;
the right hand pulls his head back by the capote,&#13;
and with the other rings a bell in his ear—as if to&#13;
silence his love-making, and say, "Yes, I have&#13;
heard all that before—enough—shut up!"&#13;
A copy of this will appear as a vignette in my&#13;
work on gypsy sorcery now in the press. On more&#13;
than one bas-relief of the fourteenth century, we&#13;
see a goat dressed as a monk, and in one instance,&#13;
a sow, ringing a small bell. The allusion here is&#13;
to telling coarse tales, since in modern German&#13;
phrase doing this is called ringing the Sauglocke,&#13;
or sow-bell, and I possess an outrageous little old&#13;
work bearing that name, with the picture of a bell&#13;
on the cover depicted in a manner "which could&#13;
convey little joy to either moralist or Christian."&#13;
The Lumpenglock, or blackguard's bell, is a term&#13;
applied in Germany to the bells in steeples, rung&#13;
at eleven o'clock p.m., as a signal to close all the&#13;
beer-houses. So we are told of that veteran rois-&#13;
terer, the Herr von Rodenstein, that when he died—&#13;
"The blackguard's l&gt;ell in the old Town Hall,&#13;
Began of itself to ring."&#13;
A man who is always telling coarse and rude tales&#13;
—or a Zotenreisser—is commonly said to be contin-&#13;
ually ringing the sow-bell. And I think it very probable&#13;
that at a time when symbolism entered into every-&#13;
thing, there was something of all this implied by the&#13;
bells on the cap of the professional jester or fool.&#13;
There was mockery in their sound, as in the words&#13;
of their wearer, and both were like the ring of the&#13;
chestnut bell, and the tinkling of brass pots of&#13;
yore—all synonyms for vain repetition and idle&#13;
chatter.&#13;
It may be here observed that the primary object&#13;
of church bells was not so much to call the faithful&#13;
together to worship, as to drive away and avert&#13;
evil influences, especially devils, concerning all&#13;
which there is a deeply learned chapter in Southey's&#13;
Doctor. The primitive Christian church bell was&#13;
very truly what Mr. William Sikes called a " tinkler,"&#13;
since it was precisely of the shape, material, and&#13;
make of the same which, in America especially, is&#13;
hung to the necks of cows. Their object is to&#13;
keep the cows from straying afield too far—that of&#13;
the chestnut bell to recall men from wandering in&#13;
discourse.&#13;
When I was a schoolboy, I once invested my&#13;
last cent in the purchase of a black letter Latin&#13;
folio—the " Moralization of the entire Bible," by&#13;
Petrus Berchorius, all of which I perused faithfully&#13;
and admiringly many times. By the way, my copy&#13;
had belonged to Melancthon. It just occurs to&#13;
me that the spirit of the old monk Pierre Bercheur&#13;
is living again in these disquisitions on the true&#13;
inwardness of the chestnut bell, and the esoteric&#13;
mysteries of the Sauglocke. "Oh, good old man—&#13;
even from the grave thy spirit" comes over thy&#13;
disciple, into the year eighteen hundred and ninety,&#13;
prompting him to find preaching in pebbles and&#13;
sermons in grains of sand ; of which "making great&#13;
amount of small things," all that can be said is that&#13;
it is better than making no account of or be-littling&#13;
great ones, which is the vice of our day.&#13;
Chari.es G. Leland.&#13;
*&#13;
THE QUEEN'S ENGLISH.&#13;
'"T^ HE enrolment into a single company of&#13;
I so numerous and influential a body of&#13;
English writers as composes the Society&#13;
of Authors, may perhaps be profitably utilized in a&#13;
manner which, if it be a little outside the scope&#13;
of its foundation, would interest and benefit every&#13;
reader and writer of the English language.&#13;
There has never yet existed in this country any&#13;
academic body, any authoritative company of edu-&#13;
cated Englishmen qualified to pronounce judgment&#13;
upon moot points connected with the writing of&#13;
English. It has been questioned whether the&#13;
formal institution of such an Academy would be&#13;
&#13;
&#13;
## p. 80 (#104) #############################################&#13;
&#13;
8o&#13;
THE AUTHOR.&#13;
for the lasting benefit of literature, and I doubt&#13;
myself if the ex cathedra pronouncements of an&#13;
official Board of Letters would ever carry much&#13;
weight with Englishmen. We are too impatient of&#13;
law and precedent; but in a humble way some nse-&#13;
ful work might surely be done. An expression of&#13;
the consensus of opinion of so influential a body&#13;
as our Society, can never be without influence and&#13;
effect, and a resolution of the doubts and uncer-&#13;
tainties that exist on manypoints in syntax, spelling,&#13;
prosody, and phraseology would be welcomed by&#13;
every educated man and woman in the land inside&#13;
and outside of our own circle. I venture to sug-&#13;
gest therefore that the Society of Authors should&#13;
from time to time hold an inquest upon some one&#13;
or other of the aforesaid moot points, and that their&#13;
deliberation should issue in the shape of verdicts&#13;
to be arrived at by unanimity, or by a large&#13;
majority of votes; the verdicts to be published to&#13;
the world at large in the columns of The Author.&#13;
There is another and perhaps a still greater service&#13;
which our Society and its new organ might confer&#13;
upon English letters, and that is by their sanction of&#13;
the admission of useful provincial words into general&#13;
usage. Many an admirable English word has no&#13;
circulation beyond a limited district, many a word&#13;
expressing ideas that can only be rendered else-&#13;
where by a clumsy paraphrase. More competent&#13;
persons than myself could cite many local words,&#13;
which, if they were made general, would enrich the&#13;
language. I will give but one example at present.&#13;
In parts of the West and of the North of England&#13;
backword signifies a refusal to comply with a&#13;
pomise made or to fulfil some intention declared.&#13;
The following telegram was recently offered at a&#13;
London Post Office: "Dine with me on Saturday.&#13;
A sends me a backword." The telegraph clerk&#13;
refused "backword" as a single word, properly&#13;
observing that it was in no dictionary, and the&#13;
recipient of the message—a cockney—had no&#13;
notion of its meaning. Now surely such a word&#13;
deserves to pass into circulation, to enjoy the&#13;
approval, to be stamped with the mint mark of&#13;
some academic body, and to become at once&#13;
current coin of full weight and value in the realm&#13;
of English literature.&#13;
Oswald Crawfurd.&#13;
&#13;
THE CIVIL LIST.&#13;
I.&#13;
The following is the Memorial which it was&#13;
proposed to submit to Mr. W. H. Smith :—&#13;
"This Memorial Sheweth as follows:—&#13;
"(a) It was enacted by section 5 of 1 Vict., c. 2.&#13;
That your Memorialists respectfully submit that&#13;
further Legislation is urgently needed on the&#13;
grounds and for the following purposes :—&#13;
"(b) Section 6 of 1 Vict., c. 2, declared that it&#13;
is the bounden duty of the responsible advisers of&#13;
the Crown to recommend to her Majesty, for grants&#13;
of pensions of the Civil List, such persons only as&#13;
have just claims on the Royal beneficence, or who&#13;
by their personal services to the Crown by the&#13;
performance of duties to the public, or by their&#13;
useful discoveries in science or attainments in&#13;
literature and the arts, have merited the gracious&#13;
consideration of their Sovereign and the gratitude&#13;
of their country.&#13;
"(c) The Select Committee appointed in 1837&#13;
to inquire into the then existing pensions, classed&#13;
them under the following heads:—(i)Army; (2)&#13;
Navy; (3) Diplomatic; (4) Judicial and Legal; (5)&#13;
Political; (6) Civil and Revenue; (7) Colonial;&#13;
(8) Services to Royal Family and in Household;&#13;
(9) Rewards for Literary and Scientific Attain-&#13;
ments; (10) Royal Bounty and Charity; (11)&#13;
Compensation for Forfeited Estates; (12) Mis-&#13;
cellaneous.&#13;
"The said Select Committee also reported as&#13;
follows :—The operation of the Superannuation&#13;
Acts, the system of retired allowances, the military&#13;
and naval pensions for good services, the pensions&#13;
granted by 57 Geo. iii, c. 65, for pensions holding&#13;
high political offices, and the pensions for the&#13;
diplomatic and consular services, have to a great&#13;
extent superseded one of the original purposes of&#13;
the Pension List. These Acts have also substi-&#13;
tuted a strictly-defined and regulated system of&#13;
reward for a system which depended on the&#13;
arbitrary selection of the Crown or the recommen-&#13;
dation of the existing Government exposed to the&#13;
bias of party or personal consideration.&#13;
"(d) The said regulated system of reward has&#13;
since the passing of 1 Vict., c. 2, been confirmed,&#13;
amended, and extended by the following statutes:&#13;
The Superannuation Act, 1859 ; The Naval and&#13;
Marine Pay and Pensions Act, 1865 ; The Colonial&#13;
Governors' Pensions Act, 1865; The Superannua-&#13;
tion Act, 1866; The Diplomatic Salaries Act,&#13;
1869; The Political Offices Pensions Act, 1869;&#13;
The Colonial Governors' Pensions Act, 1872;&#13;
&#13;
&#13;
## p. 81 (#105) #############################################&#13;
&#13;
THE AUTHOR.&#13;
81&#13;
The Superannuation Act, 1876; The Pensions&#13;
and Yeomanry Pay Act, 1884; The Pensions&#13;
(Colonial Service) Act, 1887.&#13;
"(e) Notwithstanding the said Statutes, and the&#13;
Report of the said Select Committee, pensions on&#13;
the Civil List have been granted for services per-&#13;
formed in the (1) Army; (2) Navy; (3) Diplo-&#13;
matic Service; (4) Civil and Revenue Services;&#13;
and (5) Colonial Service.&#13;
"(J) It appears from the 'Returns of all Per-&#13;
sons now in receipt of Pensions charged on the&#13;
Civil List' (1889), that of the ,£25,221 13*. 4*/.&#13;
(the total annual charge of the pensions payable at&#13;
the date of the said Return) £8,625 was payable&#13;
at the date of the said Return in the following&#13;
proportions for services in the (1) Army (.£2,710);&#13;
(2) Navy (£1,335) j (3) Diplomatic Service&#13;
(£9°°); (4) Civil Service and Revenue (£3,455) J&#13;
(5) Colonial Service (.£225).&#13;
"And your Memorialists respectfully submit&#13;
that further Legislation is urgently needed for the&#13;
following purposes :—&#13;
"(a) The restriction of the grant of pensions on&#13;
tie Civil List within ascertained limits.&#13;
"(b) The allocation of pensions amounting to&#13;
ru t less than £800 in each year to those who by&#13;
th.iir useful discoveries in Science or attainments&#13;
in Literature and the Arts have merited the gra-&#13;
cious consideration of their Sovereign and the&#13;
gratitude of their country, or their widows and&#13;
children.&#13;
"(c) The increase of the Royal Bounty Fund&#13;
and the Civil List Pension Fund so that her&#13;
Majesty may be enabled to relieve distress and&#13;
reward merit in a manner worthy of the dignity of&#13;
the Crown."&#13;
The Memorial speaks for itself and requires&#13;
little further elucidation here. It places on record&#13;
the following facts :—(1) That notwithstanding the&#13;
wording of the Civil List Act, and notwithstanding&#13;
the Report of the Select Committee, pensions on&#13;
the Civil List have been improperly granted; (2)&#13;
That of the £25,221 13*. ^d. (the total annual&#13;
charge of the pensions payable in May, 1889),&#13;
.£8,625 was paid to the classes of persons not&#13;
contemplated by the Act or the Report of the&#13;
Committee.&#13;
Mr. VV. H. Smith remarks in his letter to Mr.&#13;
S. S. Sprigge, which we published last month, " that&#13;
the figures in the Memorial, accepting them as&#13;
fairly correct, show that the practical administration&#13;
of the Fund is almost identical with the distribu-&#13;
tion proposed by the Societies, namely, one-third&#13;
to services rendered to the Sovereign, and two-&#13;
thirds to the representatives of Science, Literature,&#13;
and Art" From this it appears that the First&#13;
Lord of the Treasury defends the grant of pensions&#13;
on the "Civil List" for services performed in the&#13;
Army, Navy, Diplomatic, Civil and Revenue, and&#13;
Colonial Services on the grounds that these are&#13;
"services to the Sovereign." The Act, however,&#13;
only empowers the grant of pensions for " personal&#13;
services to the Crown," and it is, we imagine,&#13;
merely idle to pretend that this expression was&#13;
ever intended to have any such meaning as that&#13;
which it is now sought to give it. It was no&#13;
doubt one of the original purposes of the Pension&#13;
List to reward all these classes of public servants,&#13;
but as the Report of the Select Committee (cited&#13;
in the Memorial) points out, various statutes have&#13;
been passed "substituting a strictly-defined and&#13;
regulated system of reward " in all these cases fcr&#13;
a system which depended on the caprice of the&#13;
Crown and of Her Majesty's advisers. It was&#13;
clearly not the intention of the Act or the desire of&#13;
the Committee-—and it is necessary to remember&#13;
that it was a Select Committee of Inquiry into this&#13;
very question appointed in deference to a loudly&#13;
expressed public opinion—that any pensions for&#13;
these services should in future be charged on the&#13;
Civil List. We think, then, that we have fully&#13;
established the irregularity of all these pensions,&#13;
and we regret that the First Lord of the Treasury,&#13;
who admits that he enjoys "that discretion which&#13;
must in such cases finally rest with some one res-&#13;
ponsible minister," has attempted to evade the&#13;
conclusion.&#13;
Mr. W. H. Smith further remarks that" to make&#13;
such changes as the Memorial suggests would&#13;
necessitate a new Act of Parliament." This we&#13;
are not prepared to deny. The Memorial prays&#13;
for " further legislation " for certain specified pur-&#13;
poses. We feel some diffidence in making any&#13;
rejoinder to Mr. Smith's expression of opinion that&#13;
there has not been "any such expression of dis-&#13;
satisfaction either in the House or outside of it as&#13;
would justify the proposal." But we think it due&#13;
to ourselves to say that the Incorporated Society&#13;
of Authors and the Institute of Journalists do&#13;
not stand alone in objecting to the present&#13;
administration of the Civil List Pension Fund.&#13;
The press has almost without distinction or&#13;
exception condemned the existing system in no&#13;
measured terms, and we are not aware that a single&#13;
voice has been raised in its defence. If the Fund&#13;
were administered strictly within its proper limits,&#13;
it would, it is universally admitted, be impossible&#13;
to satisfy the just claimants. Restrictions, it&#13;
appears, already exist. It will be seen from the&#13;
correspondence published in the current report of&#13;
the Executive Committee that literary pensions&#13;
can only be granted to the writers of "historical&#13;
novels and technical and useful books," owing&#13;
&#13;
&#13;
## p. 82 (#106) #############################################&#13;
&#13;
82&#13;
THE AUTHOR.&#13;
to the unexpected existence of certain regulations,&#13;
or, as Mr. Smith denned them in the House of&#13;
Commons, "notes on practice." The Society has&#13;
already placed on record a protest against the&#13;
"permanent exclusion of any class of Literary,&#13;
Scientific, or Artistic production from the just&#13;
claims on the Royal beneficence contemplated by&#13;
section 6 of i Vict., c. 2." The Society has already&#13;
demanded that "the regulations, if any, under&#13;
which the Civil List Pension Fund is administered&#13;
should be communicated to the public." The&#13;
case for reform is now complete. It cannot be&#13;
left to private secretaries to draw up rules which&#13;
vary the meaning and affect the application of an&#13;
Act of Parliament. It is high time that genuine&#13;
regulations were framed, if necessary by statute,&#13;
which should restrict the grant of pensions not upon&#13;
an artificial theory but in accordance with public&#13;
opinion. Mr. Smith "fears that Parliament would&#13;
be very unlikely to agree to an increase of the sum&#13;
annually set apart for the Pension List." We, on&#13;
the other hand, believe that if the necessity were&#13;
shown to exist, the popular representatives would&#13;
ungrudgingly support such a use of public money.&#13;
And there is only too little doubt as to the urgent&#13;
character of the necessity. It is the unanimous&#13;
testimony of every First Lord of the Treasury that&#13;
he is year by year deluged with applications for&#13;
pensions which he is unable to grant. Many of&#13;
those cases which now, perhaps, "lie forgotten in&#13;
the cupboards of the Treasury," were, we do not&#13;
doubt, sad and saddening, although no whisper&#13;
of them reached the unofficial world. There are&#13;
moreover, few years that pass by without the&#13;
country being startled by the announcement that a&#13;
pension has been refused to some distinguished&#13;
man of letters or his surviving widow and children.&#13;
We do not doubt, we repeat, that the public&#13;
would support even an increase of the Pension&#13;
List, but be that as it may, it cannot be denied&#13;
that the country at large would welcome a re-&#13;
form in the administration of the Pension Fund,&#13;
which would ensure it being devoted to the pur-&#13;
poses for which it was founded.&#13;
II,&#13;
The Pensions of the Year.&#13;
The Civil List Pensions granted during the last&#13;
twelve months have now been published. They&#13;
are as follows:—William Muggins, LL.D., a pension&#13;
of ^150 (very good). Ellen S. Scott, widow of&#13;
(General H. Scott, R,E., a pension of j£iqo (very&#13;
bad). The widow of a soldier does not fall within&#13;
the limits of the grant. Bessie Hatch (widow of&#13;
Rev. Edwin Hatch, a pension of £100 (very good).&#13;
Ellen Isabella Tupper, daughter of Martin Tupper,&#13;
a pension of ^75 (very good). Rosamond Bur-&#13;
nard, daughter of Gen. Sir H. W. Burnard, a pension&#13;
°f £lS- 1"ne daughter of a soldier has no business&#13;
in the list at all, unless that soldier was also dis-&#13;
tinguished for service, art or literature. Henrietta&#13;
Elizabeth Wood, widow of the late J. T. Wood, a&#13;
pension of £,!$■ Augusta Theresa Motteram,&#13;
widow of the late Judge Motteram, a pension 0^75.&#13;
l&gt;ady Wilde, a pension of ^70. Pensions of ^50&#13;
each to Mrs. Caroline Blanchard, Mr. John&#13;
Absolon, Rev. E. Cobham Brewer, Dr. William&#13;
Spark, Mrs. Kate Livingstone, Miss Catherine&#13;
Shilleto, Mrs. Jane Eleanor Wood (widow of Rev.&#13;
J. G. Wood). Pensions of ^25 each have been&#13;
granted to the Misses Eliza and Mary Maquire,&#13;
daughters of the late Dr. Thomas Maquire, of&#13;
Trinity College, Dublin, and of £20 each to the&#13;
four unmarried daughters of the late Rev. M. J.&#13;
Berkeley, F.R.S. General verdict. On the whole,&#13;
a great improvement on many recent lists.&#13;
*&#13;
A NEW GUIDE TO BOOKS.&#13;
AGUIDE to Books should be found in any&#13;
review. That is to say, the reader should&#13;
be able to depend upon the review which&#13;
he reads regularly to guide him in the ordering of&#13;
books from the library. And, no doubt, the&#13;
reader of the Saturday Review, for instance, would&#13;
find no difficulty in understanding what is promis-&#13;
ing in the way of new literature. But one can&#13;
very well understand that there may arise cases in&#13;
which the most perfect review may fail to inform&#13;
the reader as to the best books on special subjects.&#13;
For instance, the Saturday Review may be acknow-&#13;
ledged by its best friends to be weak in the&#13;
Department of Surgery, or of Pure Mathematics,&#13;
or of Electricity. Therefore, a certain compilation&#13;
which will first appear in the autumn may prove of&#13;
great use to specialists, if not to the general reader.&#13;
The object of the editors is to "place at the&#13;
service of the reader the opinions of those who&#13;
may be trusted to give sound advice upon the&#13;
books which are of value in each department of&#13;
knowledge." A great many people—specialists-&#13;
have promised to assist. Among them—members&#13;
of the Society—we find the names of William&#13;
Archer, Courthope Bowen, James Bryce, John&#13;
Earle, Richard Gamett, J, W. Hales, E. Ray&#13;
Lankester, J. Norman Lockyer, Erikr Magnusson,&#13;
Max Miiller, Sir Frederick Pollock, Burden San-&#13;
derson, J. R. Seeley, Sir Henry Thompson, Andrew&#13;
Tuer, and Sir Charles Wilson,&#13;
&#13;
&#13;
## p. 83 (#107) #############################################&#13;
&#13;
THE AUTHOR. 83&#13;
MR. BAINTON ON HIMSELF.&#13;
To the Editor of The Author.&#13;
Sir,&#13;
I deeply regret I should have been the cause of so serious&#13;
an amount of feeling and annoyance as the correspondence&#13;
in your paper reveals—a correspondence which comes upon&#13;
me as a most painful surprise. I must ask your corres-&#13;
pondents to believe me when I say that my fault or folly,&#13;
whichever it may be, was wholly unintentional ; and that how-&#13;
ever carelessly I may appear to have acted in certain instances,&#13;
I have had no other than the purest purpose in view, and have&#13;
been moved by no mean or dishonourable motive. Un-&#13;
fortunately the book in question was quite an after-thought.&#13;
When preparing my address I had no idea of so extended a&#13;
compilation. I simply desired my lecture to be issued in&#13;
pamphlet form, shoul 1 it stem likely to answer the purpose&#13;
for which it was designed. My fault has been in changing&#13;
the form of publication without first acquainting all my&#13;
generous correspondents of what I purposed doing. But I&#13;
acted under the impression that this was not necessary after&#13;
having solicited their consent to use their words in print.&#13;
That in this I committed a serious over-ight I now learn to&#13;
my bitter cost, and I deeply regret it should have happ ned.&#13;
But that I have been guilty of the unfairness, the wilful&#13;
discourtesy, and other outrageous sins which some of your&#13;
correspondents—and especially yourself—are anxious to fasten&#13;
upon me, I most earnestly and indignantly deny.&#13;
After the first portion of the address was given here in the&#13;
Old Grammar School, to a united meeting of the Young&#13;
Men's Associations of the City, and largely reproduced in&#13;
the columns of our local papers, I was repeatedly urged to&#13;
return to the subject, and put the matter I had already&#13;
spoken into print. Through lack of time long delays inter-&#13;
vened before I could make any attempt to compile a&#13;
promised second part of the same address, or before I could&#13;
do anything towards remoulding what I had roughly sketched&#13;
out. When I did the contributions with which I had to&#13;
deal were so many, and the interest attaching to them so&#13;
great, that my MS. quickly exceeded the limits of an ordinary&#13;
pamphlet. It was then, and not till then, the idea of the&#13;
book occurred to me. Had I for a moment conceived that&#13;
in this I was exceeding the bounds of a strict courtesy and&#13;
integrity, I should most certainly have communicated again&#13;
with the authors who had generously sent me the items of&#13;
their experience. Indeed the book would have been at once&#13;
abandoned had I known it would have given pain to any. I&#13;
had no interest to serve by concealment, and nothing what-&#13;
ever to lead me to act in the spirit Mr. Hall Caine insinuates.&#13;
Some of your correspondents, and several critics outside&#13;
the columns of The Author, have Hung the ungenial sneer at&#13;
my supposed sordid desire for gain. The imputation is most&#13;
unjust, and does not speak well for the spirit of those by&#13;
whom it is made. I have not received one penny from the&#13;
book. When towards the close of last year I finished the&#13;
MS. and submitted it to the publishers, I did not stipulate&#13;
for any payment, I did not ask for any terms on my own&#13;
behalf, but gladly accepted their suggestions, with the&#13;
assurance I should be only too pleased and grateful if the&#13;
book repaid them the cost of production, and proved of some&#13;
real in erest and value to its readers. Should anything ever&#13;
come to me from its sale it will be hea tily at the disposal of&#13;
those who made the book possible. I prepared the book&#13;
with a good motive, and it was not the motive of personal&#13;
gain.&#13;
I notice in many of the letters you have reproduced your cor-&#13;
respondents speak of their communications to me as private.&#13;
They quite overlook the fact that I wrote to them upon a&#13;
matter for a pitblic and not a private purpose. Letters sent&#13;
expressly for use in illustrating a lecture can hardly be&#13;
regarded as ordinary private correspondence. A lecture is&#13;
not usually private ami confidential. It is liable to be&#13;
reported and reproduced in print, with or without the&#13;
lecturer's consent ; and as a matter of fact the lecture in&#13;
question, which Mr. Hall Caine angrily infers was never&#13;
given, was in great part printed in the columns of a local&#13;
paper,* portions of the same appearing three successive&#13;
weeks, with Ion*; extracts from the most interesting and&#13;
useful letters, Mr. Hall Caine's not excepted. The com-&#13;
munications were not sent to me as private, or for a private&#13;
purpose ; they were not requested for any private aim, else&#13;
they would have been treated strictly as such. A few of the&#13;
most helpful letters I received and retain, were not used at&#13;
all, because the writers expressly objected to their contents&#13;
being made public.&#13;
You mention several persons and say they were all ignorant&#13;
that I intended to print their remarks. That is not correct.&#13;
I wrote to almost every person you name, to almost every&#13;
correspondent in your columns, asking permission to use&#13;
their words in print. Only in two instances am I uncertain&#13;
of having done so. To Mr. Allen, then in Italy, I wrote&#13;
twice, to make sure he should receive my request, and neither&#13;
letter was returned. Several like Mr. Allen did not reply.&#13;
Was I wrong in assuming that such silence meant either&#13;
indirierence or consent? If Mrs. Parr, Mr. Gilbe rt, and&#13;
others had the opportunity to refuse and did not, where is&#13;
the breach of faith of which they speak? Surely if they had&#13;
felt so serious an objection to the use of their words they&#13;
would at least have given expression to it. But though&#13;
opportunity was afforded they did nothing of the kind; they&#13;
left me, therefore, free to act as I thought best, and I inter-&#13;
preted silence as consent. The majoiity did reply, and gave&#13;
the consent I asked. How then can they have been ignorant&#13;
of my intention to print their remarks? One of the most&#13;
eminent of your correspondents assures you I acted in his&#13;
case with perfect frankness and consistency throughout. In&#13;
no instance have I sought to be less open and (rank. Why&#13;
should I i What had I to gain by such concealment with&#13;
one person more than another? Whatever you or others&#13;
may affirm to the ontrary I am at least guiltless of any&#13;
intention to deceive.&#13;
Memory does not serve some of your correspondents with&#13;
any great fidelity. Miss Yonge mvy perhaps recall her&#13;
assurance that I could make the use I asked of what she had&#13;
written, when I remind her that such consent was given upon&#13;
condition that no mention should be made of a statement&#13;
concerning a recent writer. I was careful to respect her&#13;
wish. Mr. Blackmore too was asked and consented to the&#13;
use of his letter in print ; and only a few weeks since, May&#13;
3rd, 1890, wrote in acknowledgment of acopyof his printed&#13;
letter, "Am glad to hear of the appearance of your book,&#13;
which I hope to procure at the first opportunity. With all&#13;
good wishes for its success, &amp;c." Yet this gentleman&#13;
"'objects to the use Mr. Bainton has made of the reply&#13;
procured through the good will due to a clergyman, and lor&#13;
clerical purposes." Mrs. Kennard also joins in the protest&#13;
that she did not know, though her letter was printed with&#13;
her consent ; while writing on May 5th, 1890, she says,&#13;
"My poor remarks scarcely deserved such prominence as&#13;
you have been g'&gt;od en ugh to give them. Thanking you&#13;
for the compliment you have paid me, &amp;c." To Mr. Rider&#13;
Hagyaid I owe a special word of explanation and apology.&#13;
The proof he requested when consenting to mv use of his&#13;
letter would have been submi'ted, but for a statement I saw&#13;
at the time that he was travelling in the Erst. I trust he&#13;
will accept the expression of my sincere regret that for this&#13;
reason his desire was not complied with.&#13;
* Coventry Times.&#13;
&#13;
&#13;
## p. 84 (#108) #############################################&#13;
&#13;
«4&#13;
THE AUTHOR.&#13;
Permit me to add in conclusion that only this week have I&#13;
learned, and that quite casually, of this painful corres-&#13;
pondence. No copy of The Author was sent me, and no&#13;
intimation was given that you were endeavouring so seriously&#13;
to injure my good name. Is it fair dealing to stab a man in&#13;
the dark? Is it fair dealing to seek to destroy a man's&#13;
reputation without a word of warning, and without so much&#13;
as a hint of the course of action you have taken? Is this the&#13;
spirit in which the Society of Authors is conducted? If so&#13;
it is the spirit of a ruthless cruel'y. I do not for a moment&#13;
doubt that your purpose is just and your motive pure; but&#13;
surely before seeking fataby to injure the reputation and&#13;
character of another, you might at least have had sufficient&#13;
considerate feeling to give him a chance to vindicate himself&#13;
and explain his conduct in the same issue of the journal in&#13;
which you have printed your hard and harsh judgment. You&#13;
have not done so, and I now claim the right that my letter&#13;
shall appear in the following number of the paper, the&#13;
columns of which have been used to do me so grievous a&#13;
wrong.&#13;
Gf.orgf. Bainton.&#13;
Coventry, /tine 26/h, 1890.&#13;
P. S.—When writing the above letter more than a week&#13;
since, I could discover scarcely any of the replies I had re-&#13;
ceived frc-m authors giving me permission to use their&#13;
communications in print. 1 can now put my hands upon&#13;
several, and I may even yet find others. Unfortunately I&#13;
did not conceive the matter would ever be called in question,&#13;
and, therefore, never thought it necessary to preserve them.&#13;
But it would have been strange had I been so punctilious&#13;
about the consent of some, and so careless about that of others&#13;
of my correspondents. An impartial judge would surely&#13;
admit the strong probability that what was done in so many&#13;
cases was haidly neglected in the bulk cf the others. When&#13;
I have used no more than a sentence or two I did not trouble&#13;
the writers with a note of request ; but if I missed any others&#13;
the omission was purely accidental. My complaint of the&#13;
lady who opened this painful controversy is, that she printed&#13;
two of my letters, and said not a word about the letter in&#13;
which I responded to and thanked her for her communica-&#13;
tion. It was in that I asked her to do me the kindness to&#13;
consent to the use of her letter.&#13;
Much has been made of the fact that I used in many cases&#13;
the same form of request. After writing to the first author I&#13;
retained a rough copy of the letter sent, and used it whenever&#13;
its terms made it possible, or altered it as the circumstances&#13;
of the case rt quired. This was done to save unnecessary&#13;
trouble, and I cannot think in doing so I did wrong. I spoke&#13;
in some of those letters of the author's books as having given&#13;
me very special pleasure and help. After twenty-five years&#13;
constant reading, a man may well have very many pleasant&#13;
companions amongst the authors of the day—it would be&#13;
strange if he had not. In my own case I think the book&#13;
itself will sufficiently show I hardly deserve the suspicious&#13;
comments you have made. It is easy for a critic to indicate&#13;
a special point in the speech or conduct of another, and then&#13;
draw from it a general adverse conclusion.&#13;
At first I only purposed securing the aid of a few favourite&#13;
authors, and wrote to that end. The words, which I fain&#13;
hope were not often used, to which you so seriously and&#13;
justly object, formed part of the draft of the earliest commu-&#13;
nication sent out, and were not written with any attempt to&#13;
mislead.&#13;
All the correspondence I hold relating to the matter in&#13;
question is freely open to the inspection of anyone concerned&#13;
in it.&#13;
George Bainton.&#13;
July 5th, 1890.&#13;
To the Editor of The AUTHOR.&#13;
Sir,&#13;
Mr. Bainton has only himself to thank for our change of&#13;
tone towards him.&#13;
Many may have wished him success—as I did—through&#13;
misconception of his purpose. W ho could foretell from a&#13;
page of his book what the nature of the volume was to be?&#13;
It proves to be a piece of patchwork, collected from fifty&#13;
quarters; and the patches, though not exactly pilfered, were&#13;
procured for a very different use.&#13;
If Mr. Bainton had said at first—" I am writing to all the&#13;
English authors I have heard of, to ask them how they do&#13;
their work; I shall use their replies for my own pupils first,&#13;
and then (if I see my way) make a book out of them "—how&#13;
many answers would he have got?&#13;
Later on, when he had obtained replies (by writing to&#13;
scores of authors, as if to each exclusively and for a benevolent&#13;
purpose), in fairness he should have explained to each the&#13;
character of his forthcoming volume, instead of describing it&#13;
as a mere expansion of his lecture. In that case, how many&#13;
would have allowed him to pour on the literary world&#13;
(instead of his Coventry class) their off-handed replies?&#13;
Faithfully yours,&#13;
R. D. Blackmore.&#13;
[Mr. Bainton's letter only shows the justice of those who&#13;
complained of his conduct. He asked certain questions,&#13;
the answers to be used for a lecture. That he admits. He&#13;
then used them for a book. That he also admits. If a man&#13;
prints a communication for one purpose which was intended&#13;
for another it is not enough ;o write for permission—he must&#13;
also obtain permission. A letter is a private document,&#13;
unless the contrary is stipulated expressly. As for the spirit&#13;
in which this Society is conducted, it is one of continued&#13;
hostility to all who invade or attack the rights of authors.&#13;
Having printed Mr. Bainton's reply, we can now leave the&#13;
matter as between Mr. Bainton and his correspondents and&#13;
between him and The Author to be judged by our readers.&#13;
—Editor.]&#13;
*&#13;
AT WORK.&#13;
This column is reserved entirely for Members of the Society,&#13;
who are invited to keep the Editor acquainted with their&#13;
work and engagements.&#13;
&#13;
R. J. NORMAN LOCKYER, F.R.S., is editing&#13;
Am£dee Guillemin's work, "The Heavens."&#13;
Mr. J. E. Gore, F.R.A.S., has presented to the Royal&#13;
Irish Academy a "Catalogue of binary Stars for which&#13;
orbits have been computed." The Catalogue, which will be&#13;
published by the Academy, contains the elements of all the&#13;
orbits hitherto calculated, the magnitudes and colours of the&#13;
components, spectra, "hypothetical," and measured parellax,&#13;
the relative brightness of each compared with a standard star,&#13;
and data for computing the velocity in the line of sight, for&#13;
use in the spectroscopic method of measuring the star's&#13;
distance from the earth. The Catalogue is followed by a&#13;
series of notes giving further details and the most recent&#13;
measures of position of the component stars.&#13;
There has been a change in the Editorship of the&#13;
Publishers' Circular"; Mr. J. A. Steuart is the new Editor.&#13;
Mr. Steuart has in the press a work of Criticism and a&#13;
novel, both of which will be published in the autumn by-&#13;
Messrs. Sampson Low, Marston &amp; Co.&#13;
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## p. 85 (#109) #############################################&#13;
&#13;
THE A UTHOR&#13;
85&#13;
Mr. Charles Leland is now preparing a work on "Gypsy&#13;
Sorcery and Fortune Telling." There will be an Edition de&#13;
Luxe. 150 copies only, and all numbered. The publisher,&#13;
Mr. Fisher Unwin, receives names of intending subscribers.&#13;
Mrs. Cashel Hoey has this year written the summer&#13;
number for Household Words. It is a complete story called&#13;
"His Match and More."&#13;
In last month's "At Work," two mistakes were left&#13;
uncorrected. The name of William Westall appeared as&#13;
"William Werlah," and Mr. Watt wis announced as the agent&#13;
for The Author under Ithe heading of Mr. W. F. Smith's&#13;
new version of "Rabelais." The author should not be in&#13;
italics. It refers to the translation of "Rabelais," not the&#13;
Journal.&#13;
Mr. E. M. Edmonds will contribute an English edition of&#13;
the "Autobiography of Koloko Kenes," with an historical&#13;
introduction on the Klephts for Mr. Fisher Unwin's "Adven-&#13;
ture Series." His biography of Klugas, the Protomartyr of&#13;
Greece (Longman), has already shown his knowledge of&#13;
kindred subjects.&#13;
Mr. Oscar Wilde's story, " The Picture of Dorrin Grey,"&#13;
which constituted the July number of LippincotCs Magazine,&#13;
will shortly be issued as a one volume novel by Messrs.&#13;
Ward and Lock.&#13;
Mr. Robert Louis Stevenson will shortly issue, through&#13;
Messrs. Chatto and Windus, "Father Damien: an open&#13;
letter to the Kev. Dr. Ande."&#13;
A second edition is ready of Mr. Eustace A. R. Ball's&#13;
"Mediterranean Winter Resorts." It is a handbook to the&#13;
principal health and pleasure resorts on the shores of the&#13;
Mediterranean (London, L. Upcott Gill, 170, Strand; and&#13;
Paris, The Galignani Library, 224, Rue de Rivoli).&#13;
The article on "Alexandria," in Nos. 9 and 10 of Cassell's&#13;
"Picturesque Mediterranean," is by Mr. Eustace A. R. Ball,&#13;
who is also the author, under the pseudonym of Evelyn&#13;
Ballantyne, of the article called "The Pit and Its Critic."&#13;
Rev. James J. Hillock has issued the third edition of his&#13;
"Hard Battles for Life and Usefulness" (Houlston and&#13;
Sons). Crown 8vo. 3*. 6d.&#13;
Miss Frances Armstrong begins a story for the young&#13;
called "Changed Lots; or, Nobody Cares," in the July-&#13;
Number of Newbery House Magazine.&#13;
Miss BIyth's new story is entitled " Adolphus Etherton ; or,&#13;
the Boy who was Always Amused."&#13;
Mr. Edric Vredenburg has recently completed a new story&#13;
which will be published in the Weekly Times and Echo,&#13;
beginning January 3rd of next year.&#13;
Mrs. Elizabeth Harcourt Mitchell's book on Palestine,&#13;
called " Forty Days in Holy Land," is in the press, and will&#13;
be published by Messrs. Kegan Paul &amp; Co.&#13;
A new edition of Mr. Justin McCarthy's " History of the&#13;
Four Georges" is being issued by the same publishers.&#13;
Volumes I and II are now ready.&#13;
Esme Stuart commences a new serial tale in the July&#13;
number of the Newbery House Magazine.&#13;
It is now stated that Mr. Christie Murray is not lost at all.&#13;
He has sailed for Samoa vid Sydney with the intention of&#13;
joining Mr. Robert Louis Stevenson.&#13;
The author of "Thoth" (Blackwood), and of " Toxar"&#13;
(Longman) is Professor Nicholson of Edinburgh, a member of&#13;
this Society.&#13;
NEW BOOKS AND NEW EDITIONS.&#13;
Aubyn, St. Alan. A Fellow of Trinity. Chatto and&#13;
Windus. 3 vols. Crown 8vo. (Shortly.)&#13;
Author ok "Thoth." Toxar, a romance. 1 vol. 6s.&#13;
Longmans.&#13;
BESANT, W. H., D.Sc, F.R.S. Notes on Roulettes and&#13;
Glissettes. Second Edition, enlarged. Messrs. Bell.&#13;
8vo. 5/.&#13;
Collins, M. The Blossom and Fruit: A True Story of a&#13;
Black Magician. Crown 8vo. 2s.&#13;
Conway, H. Martin. Climber's Guide to Central Alps.&#13;
I vol. 10s. T. Fisher Unwin.&#13;
Conway, W. M. Climbers' Guide to the Central Pennine&#13;
Alps. i8mo. lew.&#13;
Crommelin, May. Midge. Trischler and Co. 6s.&#13;
Dowden, Professor. The Poetry of John Donne. Chap-&#13;
man and Hall.&#13;
Farrar, F. W. The Passion Play at Oberammergau,&#13;
1890. W. Heinemann. 4to. 2s. 6d.&#13;
James, C. T. C. The New Faith. 3 vols. 31*. 6d.&#13;
Ward and Downey.&#13;
"John Strange Winter." Dinna Forget. Trischler&#13;
and Co. Paper, is. ; cloth boards, Is. 6d.&#13;
Kennard, Mrs. G. Matron or Maid: A Novel. Crown&#13;
8vo. 2s. td.&#13;
Lange, F., Ph. D. Elementary German Reader: A Gra-&#13;
duated Collection of Readings in Prose and Poetry.&#13;
With English Note and a Vocabulary. Messrs. Bell.&#13;
8vo. is. 6d.&#13;
Linton, E. L\ nn. Sowing the Wind: A Novel. Crown&#13;
8vo. 3s. 6d.&#13;
Murray (C), and Herman (H.). Wild Darrie. i2ino. 2s.&#13;
Murray (D. Christie) and Herman (Henry). Paul&#13;
Jones's Alias. Chatto and Windus. is.&#13;
"Nemesis." By Seyton Crewe. Eden, Remington and&#13;
Co. 6s.&#13;
Oliver, Cai'T. P. Madagascar; or, Robert Deury'sJournal&#13;
during Fifteen Years' Captivity on that Island. T. Fisher&#13;
Unwin. 5*.&#13;
Powell, F. York, M. A. History of England, Part I,&#13;
From the Earliest Times to the Death of Henry VII.&#13;
Rivington. 2s. 6d.&#13;
Robinson, F. W. The Keeper of the Keys. Hurst and&#13;
Blackett. 3 vols.&#13;
Ruskin, John, D.C.L., LL.D. The Seven Lamps of&#13;
Architecture. New cheap editions. George Allen.&#13;
Small post 8vo. p. 6d. each.&#13;
■ Aratra Pentelici. Seven Lectures on the Elements of&#13;
Sculpture.&#13;
Val D'Arno. Ten Lectures on Art of the Thirteenth&#13;
Century in Pisa and Florence.&#13;
Salmone, H. Anthony. An Arabic-English Dictionary&#13;
on a New System. 2 vols. Triibner &amp; Co.&#13;
Symonds, John Addingto.n. Essays, Speculative and&#13;
Suggestive. Chapman and Hall. 2 vols.&#13;
Warden, Florence. St. Cuthbert's Tower. Popular&#13;
Edition. Cassell and Co. $s.&#13;
Westall, William. Strange Crimes. I vol. 6s. Ward&#13;
and Downey.&#13;
Whistler, J. McN. Gentle Art of Making Enemies. W.&#13;
Heinemann. 4th thousand, ioj. 6d.&#13;
&#13;
&#13;
## p. 86 (#110) #############################################&#13;
&#13;
86&#13;
AD VER TISEMENTS.&#13;
THE LITERARY HAJYDJHAID OF THE&#13;
CHURCH"&#13;
J3 -V -%KT AIiTBB 3B E S A T.&#13;
HENRY GLAISHER, 95, STRAND. Price ONE SHILLING.&#13;
NOW READY.&#13;
This pamphlet is a reply to the invitation issued by the Publication Committee of the Society for&#13;
the Promotion of Christian Knowledge in their Report of last year, for any suggestions, which they "will&#13;
gladly receive," on the best way of making "the Venerable Society the most efficient literary handmaid&#13;
of the Church of England throughout the world."&#13;
The suggestions offered in these pages contain, first, some of the elementary principles which guide&#13;
honourable men in the administration of literary property. The writer next advances three cases, as&#13;
illustrating the methods adopted by the Society. A copy of this pamphlet will be sent to any member of&#13;
the Society by application to the Office, including two postage stamps.&#13;
THE METHODS OF PUBLICATION.&#13;
BY S. S. SPRIGGE, B.A.&#13;
READY IN OCTOBER.&#13;
This book, compiled mainly from documents in the office of the Society of Authors, is intended to&#13;
show a complete conspectus of all the various methods of publication with the meaning of each; that is to&#13;
say, the exact concessions to publishers and the reservation of the owner and author of the work. The&#13;
different frauds which arise out of these methods form a necessary part of the book. Nothing is advanced&#13;
which has not been proved by the experience of the Society.&#13;
&#13;
&#13;
## p. 87 (#111) #############################################&#13;
&#13;
87&#13;
NEW BOOKS.&#13;
RABELAIS.&#13;
A New Translation. liy W. F. Smith, M.A., Fellow&#13;
and Lecturer of Saint John's College, Cambridge.&#13;
Issued to Subscribers in a limited Edition of 750&#13;
copies, all numbered, of which 500 copies are for&#13;
this country and 250 for America. In two hand-&#13;
some 8vo vols. Price 2$s the set. The aim of&#13;
the al&gt;ove translation has l&gt;een to render more&#13;
accessible, to explain and illustrate a book which&#13;
has exercised a wide influence on the French&#13;
language as well as on European literature.&#13;
A system of marginal reference has been&#13;
introduced. Great attention has been paid&#13;
to the historical aspect of the book, and&#13;
points bearing on the political and religious&#13;
affairs of the times have been carefully&#13;
noticed. As the work must be presented as&#13;
a whole, and as certain passages and parts&#13;
can no longer l&gt;e presented in English, these&#13;
have been left in the original old French, where&#13;
they can lie read by such as desire it. The work&#13;
will be accompanied by a life of Rabelais, a notice&#13;
of the translators, Urquhart, and Motteux, a map of&#13;
the environs of Chinon, the part of France where&#13;
Ra!&gt;elais was brought up, notes on the language and&#13;
style, and on other points. It will be, in fact, an entirely&#13;
new and complete presentation of the great French master.&#13;
Prospectus giving /nil details ami all information to lie had OH&#13;
a/plication from the Publisher.&#13;
A HOOK NECESSARY TO EVERY AUTHOR.&#13;
SLANG AND ITS ANALOGUES — Past and&#13;
Present. By John S. Fakmkk, Author of "Americanisms—Old&#13;
and New," &amp;c. A new and absolutely unique -Slang Dictionary,&#13;
In three volumes, foolscap 4to, primed antique style, on thick paper,&#13;
large margin, to the number of 500 copies for England and 250 for&#13;
America, each copy being numbered and signed, to Subscribers&#13;
only as follows: The Set (3 vols.) £5 51. net. In hall-calf, parch-&#13;
ment sides. The price will be raised 011 completion as in the case'of&#13;
"Americanisms—Old and New." A Dictionary, Historical and&#13;
Comparative (011 the lines of Dr. Murray's New Ivnglish Dictionary)&#13;
of the Heterodox Speech of all Classes of Society for more than&#13;
300 years, the whole presenting a Curious Picture of Social Life&#13;
and Manners of the English People.&#13;
Sotes and Queries says—" For the first time in a dictionary the subject&#13;
of English Jantf is seriously treated. Recent works liavu been catchpennies,&#13;
and Mr, Farmer is the first to treat the subject of slant in a manner com-&#13;
mensurate with its importance. . . . Very full is Mr. Farmer s list, the&#13;
first volume extending- to mer four hundred double columnct panes. . . .&#13;
His book commends itself warmly to our readers, and its progress cannot be&#13;
otherwise th.ui inUTi-^ttnif. As it is issued in a limited edition it can scarcely&#13;
fail of becoming a prized possession."&#13;
Prospectus and all information to be hadfrom the Publisher,&#13;
AMERICANISMS: OLD AND NEW. By John&#13;
S. Fakmeh. In 1 vol. Foolscap 4tot printed in antique style, and&#13;
bound in vellum, £2 2s,&#13;
A book for the library, desk, or general reading; for journalists.&#13;
Members of Parliament, public speakers, and all professional men. It is&#13;
a dictionary of words, phrases, and colloquialisms peculiar to the United&#13;
States, British America, the West Indies, &amp;e, &amp;c, together with their&#13;
derivation, meaning, and application.&#13;
"Certainly the best and completes! dictionary of Americanisms at&#13;
THREE NEW BOOKS ON THE&#13;
HOLY LAND.&#13;
PALESTINE UNDER THE MOSLEMS. liy&#13;
GUY LE Strange, With Map, and numerous Plans and Drawings&#13;
specially executed for this work. Handsome post 8vo, pp. 604.&#13;
Cloth extra, 12s. txl.&#13;
"A work intended to render the mass of interesting iiiN'niiatiun about&#13;
Palestine, which lies buried in the Arabic texts of the Moslem geographers&#13;
and travellers of the middle ages, available to the English reader."&#13;
".... is written throughout with a sort of luting care which&#13;
proves how thoroughly the author nas lelt the fascination of his subject."—&#13;
Saturday Review,&#13;
Third Edition, now ready.&#13;
THE BIBLE AND MODERN DISCOVERIES.&#13;
By Henry A. Hakier. With an Introduction by Walter liesant.&#13;
Coloured Map and numerous Illustrations, demy 8vo, 16*.&#13;
"Instructive, interesting, and in many ways admirable . . . enables&#13;
the reader so to revise his impressions of Scripture typography as in many&#13;
caser, to throw quite a flood of new light upon a hitherto obscure narrative."&#13;
—Manchester hxamintr%&#13;
"Supplies .1 long-felt want by connecting in a popular and vivid manner&#13;
the work which has been done by the Society with the Bible narrative."—&#13;
Christian Leader,&#13;
NORTHERN AJLUN, "Within the Decapolis,"&#13;
liy Hkrk Schumacher, Author of "Across the Jordan," &amp;c.&#13;
With Maps, Plans, and over 60 Illustrations, crown 8vo, 3.1. 6*/.&#13;
"Altogether we have to thank Mr. Schumacher for an important&#13;
addition to ojt knowledge of what has long remained a terra incognita,"—&#13;
Saturday A'eriert'.&#13;
THE SURVEY OF WESTERN&#13;
PALESTINE.&#13;
Only 17 sets of this magnificent work now remain. It will&#13;
ttevtr be reprinted, ~&lt;&lt;ith the exception of the two volumes&#13;
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set is 25 guineas. It consists of the following in seven&#13;
uniform and handsomely bound volumes. $to.&#13;
THE MEMOIRS. Being the Notes taken in the Field&#13;
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A.D.C.R.E., re-written and arranged after their return. With&#13;
thousands of illustrations of tombs, ruins, &amp;c, drawn expressly for&#13;
these volumes, a'id not to be found anywhere else. 3 vols.&#13;
THE NAME LISTS. Transliterated from the Arabic&#13;
with translation by Major Conder, R.E.,and edited by Professor K.&#13;
H. Palmer. 1 vol.&#13;
THE VOLUME OF SPECIAL PAPERS. Con-&#13;
sisttug mostly of reprints of important p.ipers from the "Quartet ly&#13;
Statement," by Col. Sir Charles Wilson, K..C.B., K.C.M.G., F.K.S.,&#13;
D.C.L., I.L.D., K.E. ; Col. fcir Charles Warren, G.C.M.G., K.C.U.,&#13;
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1 Ganneau, Mr. Greville Chester, etc. 1 vol.&#13;
THE FLORA AND FAUNA OF PALESTINE.&#13;
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THE MAPS.&#13;
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sent, post free, on application.&#13;
Published for the Palestine Exploration Fund by&#13;
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&#13;
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## p. 88 (#112) #############################################&#13;
&#13;
88&#13;
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## p. 88 (#113) #############################################&#13;
&#13;
AD VER TISEMENTS.&#13;
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from the papers in the Society's offices, the various kinds of agreements proposed by Publishers&#13;
to Authors are examined, and their meaning carefully explained, with an account of the various&#13;
kinds of fraud which have been made possible by the different clauses in their agreements. The&#13;
book is nearly ready, and will be issued as soon as possible.&#13;
Other works bearing on the Literary Profession will follow.&#13;
&#13;
&#13;
&#13;
## p. 88 (#114) #############################################&#13;
&#13;
The Society of Authors (Jncorporated).&#13;
PRESIDENT.&#13;
The Right IIon. The LORD TENNYSON, D.C.L.&#13;
Sir Edwin Arnold, K.C.S.I.&#13;
ALFRED AUSTIN.&#13;
ROBERT BATEMAN.&#13;
Sir HenRY BERGNE.&#13;
WALTER BESANT,&#13;
R. D. BLACKMORE.&#13;
REV. Prof. BONNEY, F.R.S.&#13;
LORD BRABOURNE.&#13;
JAMES BRYCE.&#13;
P. W. CLAYDEN.&#13;
J. Comen's CARR.&#13;
EDWARD Clodd.&#13;
W. MARTIN CONWAY.&#13;
MARION CRAWFORD.&#13;
OSWALD CRAWFURD.&#13;
THE EARL OF DESArt..&#13;
A. W. DUBOURG,&#13;
ERIC ERICHSEN, F.R.S.&#13;
PROF. Michael Foster, F.R.S.&#13;
HERBERT GARDNER, M.P.&#13;
RICHARD GARNETT, LL.D,&#13;
COUNCIL.&#13;
EDMUND Gosse.&#13;
II. RIDER HaggarD.&#13;
THOMAS HARDY.&#13;
PROF. E. RAY LANKESTER, F.R.S.:&#13;
Rev. W. J. LOFTIÉ, F.S.A.&#13;
GEORGE Meredith.&#13;
HERMAN C. MERIVALE. .&#13;
T. C. PARKINSON..&#13;
THE EARL OF PEMBROKE AND MONTGOMERY.&#13;
Sir FREDERICK POLLOCK, Bart., LL.D.&#13;
WALTER HERRIES POLLOCK..&#13;
A. G. Ross.&#13;
GEORGE AUGUSTUS Sala.&#13;
W. BAPTISTE SCOONES.&#13;
G. R. Sims.&#13;
J. J. STEVENSON.&#13;
JAS. Sully.&#13;
WILLIAM MOY THOMAS.&#13;
H. D. TRAILL, D.C.L.&#13;
EDMUND YATES.&#13;
-&#13;
Hon. Counsel-E. M. UNDERDOWN, Q.C.&#13;
Auditor-Rev. C. H. MIDDLETON-WKAE, F.L.S.&#13;
COMMITTEE OF MANAGEMENT.&#13;
Chairman-WALTER BESANT.&#13;
I&#13;
ROBERT BATEMAN.&#13;
W. MARTIN COYWAY..&#13;
EDMUND Gosse.&#13;
H. RIDER HAGGARD.&#13;
A. G. Ross.&#13;
J. M. LELY,&#13;
Sir FREDERICK POLLOCK.&#13;
Solicitors.&#13;
Messrs. FIELD, Roscoe, &amp; Co., Lincoln's Inn Fields.&#13;
Secretary-S. SQUIRE SPRIGGE.&#13;
OFFICES.&#13;
4, PORTUGAL Street, LINCOLN's Inn Fields, W.C.&#13;
Printed for the Society, by HARRISON &amp; SONS, 45, 46, and 47, St. Martin's Lane, in the Parish of St. Martin-in-the-Fields, in the City&#13;
of Westminster.</text>
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