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journalists, even if they loaf about the bar, always possess a certain smartness: not a clerk, that is, not a clerk in a berth: not a tradesman, or a working man, or an artist of any kind. A certain cunning, of the kind harshly called low, lurked in his eyes and on his lips. He might certainly be set down as one who lived by his wits, and that in spite of his character and reputation. Now when you have lost your character it is a good thing to have some

wits to fall back upon.

"Seems to me," said the young man, "that there is not a single berth left in the whole of London." "Not without a hundred fighting for it," said the elder.

"I've stumped round every place of business in London and I can find nothing."

"What might be your line, young man ?" "Why, when I came up to town I thought that something in the publishing line"

"Publishing?" echoed the other. "Ah! that is a line and no mistake-if you're fly to the dodges. Publishing? Ah!" he heaved a deep sigh. "If I

SOMETHING LIKE A PUBLISHER. only had the capital-ever so little capital-I say

Н HE

I.

E was a young man, and he was from the country. He stood in the bar of a Camden Town public-house, and he turned about a glass of stout in his hand with anxious countenance. Many young men of anxious countenance may be seen in London bars all day long. He had the customary cigarette of vile paper and bad tobacco between his lips.

Beside him, also with a glass of stout in his hand, stood an older man, upon whom fifty springs, at least, had smiled in sunshine and in shower. His face showed the soft influences of the former, but in patches, as one on the right cheek, one on the end of the nose, and one on the forehead. Thus will flowers grow in my lady's garden, here a few and there more, for Nature loves not regularity. His coat also showed by its appearance that many springs had distilled upon it many showers. The habits of the man could be easily inferred from his appearance he was one of those who look upon wine when they can get it, but not for long, because they make haste to swallow it; when there is no wine, such a man looks upon, and swallows, any other kind of drink that is ardent and intoxicating; such an one also loves tobacco, the society of men, and the flare of gas lamps. As for his profession, that was more difficult to discuss. Not exactly a sporting man, though probably ready to get a "bit upon a cert."-his eyes lacked the shrewdness of the sporting man, and he was too shabby: not a journalist--he was too slow in his movements, and his speech;

-ever so little capital," he repeated meaningly, "there is a fortune in it-for self and partner-a fortune, I say. Easy living after the first fortnit, and a fortune afterwards."

"Why? Are you a publisher, then?" "Do I look like it in this get up? No. But I wish I was. Young man, there isn't a trick on the cards but I know it. There isn't a dodge in the trade that I ain't up to."

"Where did you learn it?"

"Never mind that. Perhaps I had a berth in a publisher's house. Perhaps I hadn't. That's my business. Young man, have you got any capital ?" "Mighty little."

"Let's go partners. I'll find the business and you shall find the money. How much have you got?"

The young man emptied his waistcoat pocket, There was a small heap of silver. "That's all I've got," he said. He counted it. "Comes to thirtyfour shillings and thruppence." He put back the money in his pocket. Capital? I wish I had

any."

The eyes of the other man twinkled with greed. "Thirty-four shillings?" he cried. "Why there's enough and more than enough. Keep the four and thruppence for yourself. Miss, two fours of Scotch-I'll stand. Good Lord! man, your fortune's made. Hands upon it, partner." "Why

"Hands upon it, I say. I'll land the first Juggins in a week. Then the way they'll come in will astonish you. It will indeed. Here's success to the firm.”

In this way, and on a capital of thirty shillings, was founded the Imperial and Colonial Publishing Company, Limited. You may, however, look in vain for the registration of the Company, because it never was registered.

II.

The advertised offices of the Company were in a small street leading out of a main thoroughfare. Those who called upon the manager, if they worked their way up the stairs, found that the offices consisted of one room at the back of the second floor; there was no brass plate; publicity was not courted in any way; and the manager was out.

Two girls rang the bell. A woman came up from the depths below.

"He's out, Miss," she said to their enquiry. "We have called every day at different times and he is always out."

"He is generally out, Miss. Business takes him out. But he comes for his letters. There's lots of letters and parcels- -" At that moment a red cart stopped at the door and delivered three bulky parcels. "They're always coming. You write to him and you'll get an answer. Better write than call." The girls turned away. They were gentlewomen, but not rich. One glance at their gloves showed so much. Another at their jackets confirmed the first impressions. They were, however, gentlewomen, and they were sisters.

"Nell," said one, "the man is a rogue, I am sure of it. No one but a rogue would hide himself away. He is a rogue."

"Oh!" she

The other one sighed heavily. said, "who is to keep ignorant girls like us from the hands of rogues? What shall I do? What shall I do?"

"Have you sent him all he wanted, dear?"

"All. He asked first for £45. He said if I would give him £45 that would be the whole of my risk, and he would take the rest. He said that I should have three-fourths of all the money that the book produced. He said that his reader reported so favourably that its success was certain. know how I got the money, dear."

You

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"Yes, dear. But who is to pay the lawyer?" "Can you write it all over again?" "What's the use when the man has got the right of publishing it?"

Nell, sit down and write another."

"No," she answered, "I have no heart to write another. Let us go home, dear. I will take that place of cashier in the draper's shop-fifteen hours a day and eight shillings a week; that will be better-anything will be better than meeting another McAndrew. Oh! I have no heart," her voice choked, "I have no heart to try again."

66

III.

'My name is Trencher, and if you'll give me only five minutes, I should take it kindly."

"I will give you those five minutes," said the Secretary, with affability. "Now, Mr. Trencher, what is your business?"

Mr. Trencher was a young man of fashionable get up, yet, as nasty particular persons would say, not quite. In fact, certainly nowhere near. His manner, however, at this moment betrayed anxiety. He was jumpy in certain circles, it would be whispered that it looked like "having 'em again."

He produced, with trembling fingers, a card on which was written this legend "Imperial and Colonial Publishing Company, Limited. Manager, Mr. A. McAndrew."

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"I don't know. It's about him," he said mysteriously. "It's about A. McAndrew. If you can run him in I don't care what happens."

"I know a good deal about this gentleman already," said the Secretary.

"I'll tell you all about him. He got my money first-thirty shillings he had off o' me. That's how we began. We were to go partners and he was to manage. First he put an advertisement in the papers." "It is here," said the Secretary, laying his hand on a book.

66

Country papers at first-saying that all MSS. would be carefully considered, and that the Company were prepared to offer most liberal terms. We had a dozen replies to that first batch of advertisements. Lucky we had, because there was no more money for a second batch. Out of the dozen we got ten MSS. sent up. Out of the ten three stood in with our terms. In a week we divided a hundred and five pounds between us." "Your terms," said the Secretary, "were contained in this letter. He opened the book and read. Our reader has reported so favourably on your MSS. that we are prepared to offer you the following liberal terms. You will send us the sum

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'P.S.-The present is the best time of year for publishing.""

"That's the letter," said Mr. Trencher; "always the same letter. No occasion ever to alter that letter, except the figures, sometimes."

"And with that single letter you bagged your prey ?"

"Yes. Oh! He knew what he was about. No Juggins like a liter'y Juggins, he used to say, and I'm sure he was right. Believe all you tell 'em, they will-anything you tell 'em. You can't pile it up too high. Well, sir, three year ago that game begun."

"I see. And how many works did you actually have sent you?"

"First and last there was more than a hundred." "And how many did you publish?"

The fellow grinned.

"Well, what with putting off and telling lies, and not answering letters, he didn't actually print more than three. Sometimes a first sheet would be struck off just to keep 'em amused, but not if he could help it, because it runs into money. The printers wouldn't set it up without being paid beforehand."

"Shameful want of confidence."

"Mostly they gave up writing when they found they got no reply."

"And those you did print?"

"Well; we printed a hundred copies and gave the author a dozen, and there was an end of that." "Where are the MSS. ?"

"He's got 'em. They're no use, though. He won't make anything out of them. There's a hundred and more lying there. All paid fcr."

"I judge, therefore, from your coming here to make a clean breast of it, that you and your partner have quarrelled?"

"It's like this, mister. He says to me, three months ago, he says, 'Pardner,' he says, 'the game's getting much too hot for us. Time for us to separate. Time for us to go divers ways, as wide apart as we can. Now we'll value the business and I'll buy you out.' That's what he says. Well, I,

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"Which would be awkward," said the Secretary. "Jes' so. I says, then, 'Give me my share,' I says, 'and lemme go.' So we valued the business and agreed. I was to have four hundred quid for my share that was agreed-and I took it in a three months bill, and went away and started on my own account. The Royal Britannic Federated Publishing Company, mine was. J. Trencher, Manager."

"J. standing for Judas, probably," said the Secretary. "Excuse me. You have done pretty well?" "No, I haven't done at all well yet. And I don't know what you mean about Judas, neither."

"Never mind. Pray go on," said the Secretary. "We are coming apparently to the most interesting part."

"I hadn't been started a week before the letters began to come in."

"What letters? More MSS. ?"

"No. Letters from the people he'd done out of their money. What does he do? Oh! the villain ! Directly after I was out of the office, he tells everybody who threatened or complained that his case belonged to me, and he must write to me and that I was no longer his partner. There are fifty of 'em at this moment wanting their money and their MSS. back. Well, I could have stood that, because you can't give people what you haven't got. But yesterday yesterday-" Here his emotion got almost too much for him—" the bill fell due. You'd hardly believe it, but it's true. His bill fell due-the bill for that four hundred, my share of the business, it fell due, and I presented it and-and--no one would believe that such a villain could be living—”

"It was not met, I suppose ?" said the Secretary. "No-it wasn't met. He's done me out of my share and he's got the business still, and he's turning over all the people that are going to bring actions on to me. And now I'm ruined, and I come to you to make a clean breast of it, if you can run him in.'

Mr. Ananias McAndrew is, however, still at large, and when last we heard he was beginning the game again under another name and with a new company.

NOTE BY THE EDITOR.-This story is literally and exactly true. The man, we have just learned, is really beginning the game over again. Moral. Never answer an advertisement of a so-called publisher without first writing to the Society for advice.

THE FIRST PRINCIPLES OF
LITERARY PROPERTY.

Τ

HE following considerations and maxims may
appear to some readers elementary. The
cases which constantly arise before the
Society prove, however, that like the Ten Com-
mandments, it is wise to have them exposed to
view, and to be frequently reminded of them.

1. Literary property is a very real thing. It is as
real as property in land, houses, mines, or any
other kind of property. Hundreds of people live
upon its proceeds in great luxury, plenty, and
comfort. Thousands of people live upon it by

thrift and carefulness.

2. When a man has made a book he has increased
the wealth of the country, provided it be a book
serviceable to the community and saleable.

3. He has created this wealth; it is his own; he
must be as careful not to part with it, except for a
just consideration, as if it were a mine or a quarry,

or an estate:

4. Literary property is subject to the laws which
protect all other property; the simplest and the
most comprehensive of these laws is the Eighth Com-
mandment, "Thou shalt not steal."

Applied to literature and to the persons whose
business it is to buy and sell various forms of
literature, the Commandment is thus to be inter-
preted, "Thou shalt not cheat the author in buying
his work from him; thou shalt not write or speak
lies concerning the cost of preparing his work for the
press; thou shalt not agree with him on terms such
as will give to thyself the profits on his labour. The
work is his, not thine at all; his the design of it,
the invention, the fancy, the imagination, the learning,
the brain and the hand of it-all is his. If it be-
comes thine, it must be by an equitable agreement,
which shall give thee a fair reward for labour done,
and leave to him all the rest." In no other way
can the Eighth Commandment be interpreted by
those who deal with authors.

5. What is the commercial value of a book?
Clearly it depends upon the number of copies
which the public will take. So the value of a
field depends upon its fertility; of a ship upon her
carrying power and seaworthy qualities; of a horse
upon his strength and youth. Some fields are
sterile they are sold for a small sum-some are
worthless. So with books. An author's income
from a book must depend upon the copies bought
by the public.

6. Most books published have no commercial
value at all-a very large number have no literary
value at all. How, then, do they get published?
They are published at the expense of the author.

7. The book which does succeed may have a

nominal success, or it may have an enormous suc
cess. If a MS. has any literary value, a thing
which may be easily ascertained by having it
examined at the Society of Authors, its success' is
always possible. And so often of late years has a
book unexpectedly taken the world by storm that
the author must always consider his MS. as a pos-
sible great success.

8. It must be remembered that publishers live
by publishing. They therefore look to make
money by every book which they issue. It is a
great mistake to suppose, as some authors do, that
the publisher does not first consider the commer-
cial prospects of a book. In many cases it is the
only thing he does consider.

9. Therefore the publisher must be paid. He
must be paid for the time and trouble he, through
his servants, gives to the preparation of the work
for the press; for the publicity which he gives to
it; and, in a very few cases, for the prestige of his

name.

10. It is self-evident that every book must stand
or fall by its own merits. That is to say, that it is
idle to talk of the failure of one book being a
reason for giving the author of another book less
than his due.

With these considerations, which are indisput-
able and elementary, before him, let every author
read carefully over any agreement offered to him,
and before signing it, ascertain what it gives the
author, and what it gives or reserves for the pub-
lisher, (1) for the first edition, (2) for the second and
following editions.

Next let the same author take any of his
agreements in the past, and with the light of the
accounts which were afterwards rendered to him,
and the information which we now give him, let
him draw his own conclusions.

D

NOTES ON COPYRIGHT.

I. COPYRIGHT IN LECTURES.

OES anybody ever take the trouble to secure
his copyright in a public lecture? It is a
curious and amusing process which the
law in its wisdom requires him to go through.
There is, perhaps, nothing objectionable in his
having to give two days' notice of his intentions to
two justices of the peace, both of whom must live
within five miles of the locus in quo. But, beyond
the presumption that the aforesaid justices might,
if the notice were civilly worded, take tickets for, if

not attend, the lecture, it is not easy to understand
the object of the interesting proviso. There is cer-
tainly no necessity to make it public that on this
occasion only "all rights are reserved." It is no
business either of the author's or of the magistrates to
warn reporters off the premises. Nevertheless, the
former would, on giving the statutory notice, be
entitled to confiscate any printed and published
reports (or, for that matter, the whole edition of
every newspaper in the Kingdom which published
the lecture without leave), and, moreover, to re-
cover a penny for every sheet in their custody.
What a fortune Mark Twain would realise if he
went on tour in the silly season! But, to further
illustrate the beautiful simplicity of the law, a
lecturer is powerless to protect himself against
unauthorised re-delivery. It is only publication
that is prohibited by statute. Anybody who likes
is entitled to take down a lecture verbatim and can
re-deliver it with perfect impunity, or, in other
words, while there is copyright there is no such
thing as performing right in a species of literary
production in which this may be really valuable.

Sermons, on the other hand, seem to be clearly
public property, that is, if delivered "by any
person in virtue of or according to any gift, endow
ment, or foundation.” In other words, Noncon-
formist ministers, unless they, too, come within the
category, enjoy an advantage denied to the Clergy
of the Established Church. For it would, we
imagine, be open to them to give the statutory
notice of the intended delivery and so secure the
copyright, if not the performing right (if we may use
the expression), in the production in question. The
Clergy of the Church of England cannot, however,
under any circumstances reserve their rights. The
only remedy open to them if their pulpit eloquence
is reproduced is, like the Bishop of Peterborough,
to take a leaf out of the book of the "old Parlia-
mentary hand," and deny that they have been
"correctly reported." In the same way, too, no
lecture delivered in any university, public school,
or college, or on any public foundation can under
any conditions be protected. But there is seldom
any very great demand for sermons, university or
college lectures, so that their authors enjoy rather
more protection, independent of statute, than most
of them desire.

II. COPYRIGHT IN RECITATIONS.

Should the recitation of popular pieces be pro-
hibited by law? The relative advantage or disadvan-
tage accruing to an author is, of course, wholly
beside the question. It is quite possible that in
many cases an author might regard himself as quite
sufficiently recompensed by probable sales. It is

But

notorious that more than one well-known firm of
musical publishers not only do not reserve their
rights in their songs, but announce to all whom it
may concern that they can be sung anywhere.
now that recitations are once more becoming popular,
there is no doubt whatever that the right of delivery
of favourite verse will become valuable, and the
question of its protection acquires an added import-
ance. There is no more reason why an author
should have no control over and derive no profit
from the recitation of his work than that a novelist
should have to submit to be dramatized whether
he likes it or not. The results of protection would,
of course, be that royalties would have to be paid if
the author chose to reserve and enforce his rights.
It would perhaps be necessary that some analogous
conditions to those required by the Copyright
(Musical Compositions) Act, 1882, should be
devised to prevent people being "Walled."

III. ANGLO-AMERICAN COPYRIGHT.

It is always risky to prophesy, and Anglo-
American Copyright is a subject on which even
a sporting prophet would hesitate to hazard a
forecast. It is, however, not impossible that the
Bill before Congress should, in the words of its
sixth section, "go into effect" on the 1st July,
1890. Committees of both Houses have reported
in favour of the measure: not that that counts for
much! We are not likely to forget that in 1889
it was thrown out at the last moment by a single
member who had no views on the subject, and
was really opposing another measure. But, still,
it is satisfactory to know that the tariff men,
the petty pirates, and the moneyed ignoramuses-
the three classes of which the opposition con-
sists have so far made a very poor show.
During the sittings of the House Committee on
Judiciary Mr. Roger Sherman, formerly a Phila-
delphia publisher, declared that "the outcry for
the passage of the Bill was simply the clamour of
200 authors against the interests of 50,000,000
people." There is a truly delicious naïvete about
this confession of a preference for stealing litera-
ture instead of buying it. As for the Bill itself
it will undoubtedly confer valuable rights upon
those English writers who can conform to its
conditions. These require the books to be
printed from type set up in the States, and two
copies to be delivered to the Librarian of Con-
gress "on or before the day of publication." If the
Bill becomes law in this form considerable diffi-
culty, it may be remarked, will arise in securing
copyright in serial stories, for, as it now stands,
each number would have to be delivered as an
independent publication, a matter obviously of

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