The Publishers Weekly

would seem to be, of all others, the most cumbrous to the custom-house, and the most troublesome and expensive to the public. You have personally done so much to facilitate the extension of the international postal system that I feel sure you will very gladly lend the aid of your practical experience to cut the red tape which seems to keep asunder the Post-Office and the Treasury in this little matter. So far as my interest as a publisher is concerned, I may perhaps say that the greater the difficulties imposed upon the importation of books by mail the better; but the matter is one to be considered in a broader aspect, and so long as there is no evasion of the tariff it is for the interest of the public that unnecessary obstacles

should be removed.

Very truly, etc.,

HENRY C. LEA.

POST-OFFICE DEPARTMENT, OFFICE OF FOREIGN MAILS, WASHINGTON, D. C., April 15, 1879.

TO HENRY C. LEA, Esq..

Philadelphia, Pa.

SIR I have your favor of yesterday in reply to my letter of the 11th instant, and will observe in explanation that the sole object this Department had in view in soliciting the legislation contained in Section 17 of the act of March 3d, 1879, relative to the delivery to addressees in the United States of dutiable books received from foreign countries, was to provide for their delivery through the customhouse instead of returning them to the country of origin as undeliverable matter, as was the practice under the provisions of the Berne Treaty. If the phraseology of the section referred to is susceptible of the interpretation you suggest, that the Post-Office Department is to collect customs duties of addressees on the delivery of such packets, it is very sure that no such service was contemplated by this Department when the provision referred to was drafted and recommended to Congress for enactment. The circular of March 18th, prescribing a regulation for the treatment of dutiable articles received by mail from foreign countries, was submitted to the Treasury Department for examination and approval, and was fully approved by the Secretary of the Treasury before it was signed and issued by the Postmaster-General. Although this circular was not signed by the Secretary of the Treasury, it embodies the regulation agreed upon by the Secretary of the Treasury and the Postmaster-General for the collection of duties on such dutiable articles as may be received by mail from foreign countries. It should be further observed that, in view of the provision in the Paris Convention prohibit ing the transmission in the Postal Union mails of any packets whatever containing articles subject to customs duty, parties receiving articles by mail falling under this prohibition ought not to expect that exceptional regulations will be devised to facilitate the payment by them of customs duties chargeable thereon.

All that the regulation provides for is the delivery of such articles to the addressees through the customs office, on payment of the duties legally chargeable upon them.

I am, very respectfully, your obedient servant,
JOSEPH H. BLACKFAN,

Supt. of Foreign Mails.

THE COPYRIGHT QUESTION--OPINIONS OF PUBLISHERS AND AUTHORS.-VII. THE following are additional replies to our copyright queries:

1. Do you favor International Copyright ? 2. What plan seems to you most practicable in view of all interests concerned?

3. What method of accomplishing this plan seems most feasible?

4. Can you (if author) estimate sales of your works abroad, and your loss for want of International Copyright?

5. Can you suggest any desirable changes in the domestic copyright law?

DONALD G. Mitchell, Connecticut. Of course I am in favor of international copyright; as every man, I think, who gets together ever so little property likes to see it protected by law.

The best method, I should say (without, however, having given much consideration to the subject), would be a commission to agree upon the basis for a treaty.

(A "bill" would lead to floods of needless cheap oratory, under which it would be wrested all askew.)

Such a commission as

1. Mr. Houghton, to represent all publishers' and manufacturers' interests;

2. Mr. Bancroft, to represent authorcraft and diplomatic needs;

3. Mr. Horatio Seymour, to represent popular interests;

4. With Mr. Hoar, from Senate; and,

5. A good man from House, to represent legislative forces, would, it seems to me, get at the bottom of a good scheme very shortly.

With regard to experience with foreign imprints of my little books, I can give but a beggarly account, nor have I any means of estimating sales as your inquiry suggests.

My first book, Fresh Gleanings," was cut in parts and published piecemeal in Bentley's Miscellany, without allusion to its origin, and the name" I. Marvel" given as author. "Reveries of a Bachelor" was published in shilling shape by Beeton & Co., alterations being made in the text, and a douceur of £10 sent me in way of acknowledgment. Another edition and a very tasteful one-of the same book, by Bogue," formerly of Fleet Street, was true to text; and the publisher sent me, as his acknowledgment, a very charming copy of his "Christmas Poems." Dream-Life" was issued by a Scotch house, with a chapter dropped -on "Boy Religion." This, of course, without any consultation with me, nor did I know of the reprint till I accidentally met with it upon a railway stall at Derby, England.

I was given to understand that the omission was made to fit the book for "Sunday reading." So I encountered not only theft, but butchery and a high moral standard. It reminds a little of the Glasgow Bank directors, who built churches with their stealings.

The "Reveries" was translated-once for the Moniteur Universel, Paris, and again for the 77lustration. From neither translator nor publisher did I ever hear. "Dream-Life" was translated and published by Hachette & Co. as one of their 'franc" red-covered volumes. The house did not honor me with a copy or with any communi

of acceptance or rejection, might, and probably would, act favorably on a fair and equitable arrangement. I therefore heartily approve—

3. Of a commission that may, from an intimate knowledge of the question, be able to draft a fair and equitable treaty.

Let me add, while I regard the author's, artist's, and inventor's right in their compositions to be supreme and sole, I admit also the publisher's or investor's right to ample security for his means and energy involved in giving the brain-worker his income and reputation; but as for the stereotyper and binder, to lug their claims into the treaty is just as absurd as to provide also for the box maker and drayman. The treaty must not have "riders:" its object being to establish international and reciprocal rights of authors in their brain-work, it is but to incur the imminent hazard of defeat in the Senate to ask it to confirm an " omnibus" of purely incidental interests and claims.

GEO. P. MARSH, ROME, ITALY. 1. I am decidedly in favor of international copyright, both as a measure of justice to authors and publishers, and because I believe it would conduce to the prosperity of all the arts connected with the composition, publication, and circulation of books. I believe, further, that free trade in books, especially in those in foreign languages, and those which have been printed more than fifteen or twenty years, together with liberty to import books, to a reasonable weight, by post, would ultimately promote not only the material arts just mentioned, but THE "EASY CHAIR" ON COPYRIGHT. moral and intellectual interests of far higher national importance.

2. I am not sufficiently acquainted with the book trade, in its financial relations, to be able to form a detailed plan, but I think copyright protection should everywhere be extended to foreign authors upon the same terms as to native writers, and should embrace translations as well as originals.

3. I suppose this plan can be accomplished only by treaty between all the states whose people concern themselves with literary produc

tion.

4. Two works of mine have been published in England. One of them was copyrighted in that country, and I received a compensation agreed upon with the publisher. The other was not copyrighted, but the publisher sent me a sum of money by way of remuneration. I have no means of estimating the sale of either work. Another work of mine was translated into Italian and published at Florence. I received no compensation, but this was not for want of a copyright.

5. I am not prepared to suggest any change in the domestic copyright laws.

O. J. VICTOR, PUBLISHER, NEW YORK. I. Do I favor an international copyright? Would you imply that any honest man does Not to favor it, not to demand it, is simply to assent by silence to a wrong equally disreputable and fatal to business probity.

not?

2. As to plan, I am sure nothing but defeat ever will come of any action that makes an appeal to the Lower House of Congress necessary. That body is as morally and intellectually incapable of correct procedure on a question involving brain-rights as it is indisposed to act from a fine sense of honor on any purely nonpartisan measure. I strenuously disapproved the modes of the Copyright Association that sent "Carl Benson" to Washington to lobby through Congress a copyright law, and his utter failure to make any impression on the House ought to convince every "literary feller" at least that the lower body of our national law-givers is both indifferent and inimical to any legislation that the Man from Texas or the Butternut from Indiana thinks is inclined to make books dear. Treaty alone can accomplish the International Act.

The upper house alone having the power

(G. W. Curtis in May Harper's.)

THE abstract question of the nature of literary property has become almost one of mere speculation... [The view that] copyright is not a right at common law, but is derived from the statute, is now so strongly intrenched in interest and tradition that if the friends of international copyright should postpone their efforts until absolute and perpetual property in copyright were acknowledged, it is impossible to foresee when any forward step could be taken. In his testimony before the recent British Copyright Commission, Professor Huxley, after stating emphatically the opinion that as a matter of right copyright should be perpetual, said that as a matter of expediency he did not think it worth while at present to ask for it. This we presume to be the view of those who desire that in some form there shall be an international recognition between England and the United States of the property right of the author during the legal term of copyright...

Since Mr. Morrill's report was written the question has changed many of its practical aspects, and much of the former indifference or opposition to an international understanding has disappeared..

It is undoubtedly for the interest both of the authors and the publishers in each country that the right should be protected by an equitable law, and such a law should take the form of a treaty, because whatever subsequent legislation might be needed for its proper adjustment, the subject is one that in the beginning can be more carefully arranged in that manner than by a miscellaneous legislature. The happy result of the Treaty of Washington suggests that for an international understanding upon so important a question as that of copyright, the preferable method would be the consultation of a select body of those who are especially conversant with the various aspects of the subject, and mutual concessions would be indispensable if harmony were expected. The elements of the situation are: the settled tradition and legislation of both countries by which copyright is limited; the greater literary supply in England; the greater literary demand in the United States; the free republication in both countries for a century, limited only by the British grant of copyright to the first publica

tion in England. These are the elements of the actual situation. There are three classes interested-the public in each country, the publishers, and the authors. The position of these various interests would probably be this: The authors of both countries would assert the rightful perpetuity of literary property as of all other property, and their consequent right to dispose of it upon such terms as they choose. The English publisher would insist that his bargain with the author ought to cover the sale in both countries. The American publisher would argue that the immense capital already invested in the publishing business in this country, the inflexible American demand for cheap reading, and his more intimate knowledge of the tastes, habits, and wishes of his countrymen, should secure to him the reproduction of English books here,

as he would concede that of American books in

England to the English publisher. The public in both countries would demand only cheap reading, and would therefore require that no arrangement should make books dearer. Meanwhile, it will be remembered, the law and unbroken tradition recognize the existing situation.

COMMUNICATIONS.

"THE CANADIAN INCURSION.”

NEW YORK, April 17, 1879.

To the Editor of the Publishers' Weekly:

My attention has been called to an article in your last issue headed "The Canadian Incursion," in which you comment very severely upon the growing practice of Canadian editions of English books being sent into this country (in most cases printed from duplicates of the English plates) in competition with the regular authorized American editions. Your strictures may be just, though I think American publishers are fully able to meet any such competition without the necessity of attacking the personal character of their opponents. I do agree with you heartily in the sentiment pervading the article that the booksellers of the country should not encourage these foreign reprints, particularly when an American edi tion of the book is issued at a reasonable price.

But my reason for alluding to the article in question at all is that in it and in the "Notes in Season" you allude to a new edition of " Taine's English Literature." As the only new one-volUnder these circumstances, some reasonable ume edition of this work has been announced agreement must be sought, which would be a by me, I must presume that I am the person alcompromise. The practical question for us luded to, and that your remarks upon Canadian would then be whether a fair international publishers are intended to apply to me also, and copyright, or the extension upon certain conto the book just issued. Permit me to say that, ditions to the English author of the limited as far as I am concerned, every charge you make copyright granted by the American law to the is false and every statement incorrect. I will American author, would necessarily or proba charitably suppose you have been misinformed, bly make books dearer in the United States. and on a statement of the facts you will make Obviously not, because a moderate price sewhat amends you can by withdrawing the incures a larger sale, and because, in fact, for jurious charges; but I must say I consider it many years and until quite recently, the comity almost criminal negligence to attack the characof the great publishing houses has had practer of any one in the manner you have done in tically the effect of a copyright, so that prices my case when, by very little inquiry, you could would not rise by making that comity law. If have so easily ascertained the true particulars. it should be urged that the disregard of that comity to which we have alluded proves that lower prices are practicable, the reply is that such republication is in large part a system of blackmail, and could not be long profitably sustained. Such republication is absolutely incompatible with any recognition of the author's right in his own work even for the limited term allowed him by the law of his own country. It is a denial of that justice which is instinctively felt to be due to the author, and it is destructive not only of literary activity, but of the publishing industry and interest. It is clear, in the situation which has now arisen, that something must be done if we propose to recognize in this country the limited right of property which "the consent of nations" awards to the author, and with due regard to all other rights and interests.

THE LONDON "TIMES" ON THE
HARPER PLAN.

A CABLE dispatch reports that the London Times of April 17th gives an editorial discussion of the Harper memorandums on international copyright. "The Times hopes, now that the circumstances have forced the large American publishing houses to take the same 'view of this matter as American authors, their government may be induced to satisfy that claim of justice which all other civilized nations have admitted."

As an American publisher and an American manufacturer employing a large number of people in this country, I feel I was entitled to your protection, as long as your journal claims to be the organ of the American book trade, instead of being the subject of such an unjust and uncalled-for attack.

As to the book in question, I am not called upon to make a defence of my action in the matter. As you have so severely criticised it, however, I may simply say I felt perfectly jus tified in my course, as I looked, and do still look, upon he work as public property. I was informed that the English edition was being imported very largely, and having a sale as large or greater than the American; and as a want was felt for a good cheap one-volume edition to be within the reach of students, schoolteachers, and others of moderate means, which the American publishers had shown no disposition to make, it was time some one else should move in the matter. And this case will, I think, have considerable bearing upon the question of international copyright.

The subject is too long to enter upon now, but I think the case shows that only an international copyright based on the royalty scheme can find favor with the people of this country. Cheap books are what are wanted, and if we can give cheap books and at the same time fairly remunerate foreign authors for their brain-work, the desired end is attained. By the royalty plan a cheap edition of the work in question

would have been issued years ago, and the public correspondingly benefited. By the monopoly plan you advocate, the price of the work would probably be much higher than it now is, and a large majority of the people be compelled to do without the book. Your argument that a royalty plan would prevent better editions of books being made can, I think, be easily shown to be a fallacy, but with your permission I will refer to this again in discussions on the subject.

One word more as to the "courtesy of the trade," to which you so often allude, and which you will probably deem me guilty in this case of infringing. I admit it. As a young publisher, I look back at the early beginnings of the larger houses, and I find no such thing as this so-called courtesy of the trade." In olden times it was "every man for himself," and only after firmly established businesses had been built up, largely through reprinting foreign works, it was found a matter of policy by certain houses not to infringe upon each other. By this means legitimate or illegitimate competition has been largely done away with, and the publishing houses, if not the public, greatly benefited.

But I can say to the younger and smaller houses from my own experience, Go in heartily for the courtesy of the trade" and-starve. You will find everything is expected of you and very little given you. As for my part, I prefer to follow the examples that led to success in the past rather than the precepts now advocated to prevent others from attaining it. I do, however, feel the injustice done to authors, but this can only be remedied by international copyright, and decision of this question, I think you will admit, remains largely in the hands of those who so strenuously advocate the courtesy of the trade." JOHN W. LOVell.

Respectfully,

PHILADELPHIA LETTER.

PHILADELPHIA, April 15, 1879. No amount of advertising and hard work or energetic language—moral or profane-seems to have the slightest effect in bringing about the "good times" so long anticipated by the hopeful few; for trade is still lamentably dull. However, the summer trade will no doubt im prove; if not, the fall surely will; if not-and so on indefinitely. But in spite of all this, our leading houses are sending out their contributions of new books, that will considerably help swell the aggregate at the end of the year-in both ways we hope, financially as well as statistically.

In such dull times, the prospect of dying wealthy, and being able to leave a will has caused many Philadelphians to sign the paper of the Book-Trade Provident Association, as presented by Mr. D. N. Morison, of Claxton, Remsen & Haffelfinger. We regret its disturbing influence, for it has strangely atfected some-bachelors mostly-who are endeavoring to find out what public institution is most worthy of a legacy, and how a will should be properly executed so as to prevent costly litigation. This is pardonable; for surely no book clerk in his wildest dreams ever imagined he would have the slightest control over so large a sum as a thousand dollars. Would it not be a good idea for the Board to

make some provision whereby any member could pay in advance say five or ten dollars, as he pleases, from which his assessment could be drawn? This would save much trouble and delay, especially if the member is out of town at the time. Could not the Association use the money so deposited to some advantage? "The Permanent Exhibition" is undergoing extensive and important changes in organization and character. One of the departments, that of "Model Homes," will show features, material and appliances, of the best modern houses, arranged as in use and in classes, in one collective exhibit. One section will be fitted up as a gallery and library. As this department will be made an important one of the Exhibition, and as it is a subject of present popular interest, publishers of works treating of landscape adornment, domestic architecture, water supply and drainage, warming, lighting and ventilating, sanitary protection, good housekeeping, food and culinary chemistry, preservation of food and preparation of meals, clothing, sewing and cutting, house decoration and home ornamentation, incomes and expendi. tures, home amusements, reading and culture, history of homes, etc., are invited to send a sample copy of each book which possesses such features and ideas as are useful in the modern study and treatment of homes. Books thus sent will be placed and labelled so as to be well advertised. Probably there is no other place where they could be placed at so good advantage for public notice. All books sent will be promptly acknowledged. They should be addressed to Chief of Department of Model Homes, Permanent Exhibition, or 1311 Chestnut Street, Philadelphia.

Messrs. J. B. Lippincott & Co. have had rare good luck with their new novels this season, almost all of them having passed through two or more editions. Airy Fairy Lilian" is well on its way into the sixth thousand; "Rhona," Miss Forrester's new book, promises to follow the excellent example; "Castle Hohenwald," Mrs. Wister's last, is not far behind Lilian ;" and

The

Sir Gibbie" and "Paul Faber," Macdonald's last two, have done exceedingly well. new edition of "Youatt on the Dog" is opportune, as the late "bench shows" have excited great interest in the much-beloved and abused animal, "the dog." Its perusal will surprise the reader, when he sees how many ills that animal shares in common with the human race. The popular 12mos are beginning to appear in a new and strikingly attractive style, which, together with their cheapness, make them desira

ble stock for these times.

"The Mail Carrier," by Harry Castlemon, Porter & Coates, has made happy thousands of youngsters, as all Castlemon's works are portion of humanity have been made equally bound to do, while the more sedate and elderly happy by "The Fireside Encyclopedia." Mr. Coates is to be congratulated in all respects, for his selection has been pronounced by many of our most prominent literary men one of the best and most complete ever made. The most appreciative critics-and greatly admired by Mr. Coates and others-are those who relieved him of some six thousand copies by purchasing them. Such critics should always be encouraged.

Messrs. Claxton, Remsen & Haffelfinger have performed a really charitable act in publishing

Baum's" Rights and Duties of Rectors, Churchwardens, and Vestrymen," for heretofore a churchman has had no more than mere tradition and a few intricate legal cases for his guidance while in these offices. But Mr. Baum has made clear their rights and duties, and much ease of mind will in consequence ensue to many. It is selling well. The new styles of Rollin, Shakespeare, etc., are well under

way.

Messrs. Lindsay & Blakiston have the honor of publishing The American Health Primers, an entirely native production, thereby aiding in developing our own native talent, and eschewing utterly that of foreign climes! The series is written from the American standpoint, with especial reference to our climate, architecture, legislation, and mode of life, and in all these respects we differ materially from other nations. The authors have been selected with great care, and on account of special fitness each for his subject, by reason of previous careful study, either privately or as public teacher. Dr. W. W. Keen is the editor. The first of the series, just published, is "Hearing, and How to Keep It," by Chas. H. Burnett, M.D.

Messrs. T. B. Peterson & Bros. have made a lucky hit in publishing Henry Gréville's works. Her latest," Do rnof," is well under way, and will be ready this week. Emile Zola's great work, "L'Assommoir," is selling rapidly, it having passed through two editions in one week. C. E. B.

MR. J. HENRY HARPER left for Europe April 16th in the Bothnia, for a trip of some weeks.

MR. H. O. HOUGHTON, of Houghton, Osgood & Co., has gone to California on a business trip. SEVERAL of the Eastern papers have printed a statement that Mr. O. B. Bunce has been admitted as a member of the firm of D. Appleton & Co. The paragraph arose, naturally enough, from the fact that Mr. Bunce, in addition to his editorial and literary work for the house, has taken, since the death of Mr. George Appleton, much of the work, especially the relations with the press, formerly in his hands, but as the statement has given annoyance to Mr. Bunce, we take this opportunity to correct it.

JOURNALISTIC NOTES.

MR. J. FRED. WAGGONER announces his intention of starting in Chicago a monthly journal under the title of The Bookseller and Stationer; the particulars will be found elsewhere.

AMONG the contents of the May Wide-Awake will be a finely illustrated art-paper, entitled 'Boston Whittling Schools," and a sketch of Sanford R. Gifford, with portrait, view of his studio, and engraving of one of his paintings.

THE name of Miss Trafton's story, to appear in the May and June numbers of Scribner, has been changed from "Achsah" to "A Narrow Street" because of the previous use of the first-mentioned title.

THE Current North American Review is chiefly noteworthy for the paper on Absent Friends," a graceful eulogy yet critical judgment, by the

Rev. O. B. Frothingham, on six noted contributors to the Review who have recently died, viz., Dana, Bryant, Motley, Cushing, Hillard, and Bayard Taylor; and a symposium on "Law and Design in Nature," opened by Professor Simon Newcomb, one of the leaders of the scientific school of thought, who is opposed by President Noah Porter, of Yale College, President James McCosh, of Princeton College, Rev. James Freeman Clarke, and Rev. Joseph Cook.

LITERARY AND TRADE NOTES.

A NEW book on whist by Col. Drayson, "The Art of Practical Whist," will be published presently by Messrs. Routledge & Sons.

WE learn that Messrs. John Wilson & Son, the well-known Cambridge printers, have bought out the University Press (Welch, Bigelow & Co.), and will remove their establishment to the latter quarters.

THE business revival so long looked for seems to have set in at Boston, at least in the store of Estes & Lauriat, who report an increase of business in March of this year fifty per cent over that of last year.

D. APPLETON & Co., under arrangement with Macmillan & Co., will become the American publishers of the series of Classical and English Writers, to be edited by Mr. J. R. Green, already described in the WEEKLY.

THE AMERICAN UNITARIAN ASSOCIATION is pre paring for early issue a small volume containing, under the general title “Unitarian Affirma tions," the lectures recently given by leading Unitarian clergymen at Washington. This is evidently intended as a reply to the common statement that the Unitarian faith is mainly a negation.

G. P. PUTNAM'S SONS add to their announcements of spring publications: "Sketches and Studies in Paris," by Edmundo de Amicis, author of "Constantinople," and a most brilliant writer; Under the Bells," a roinance, by Leonard Kip, author of "Oenone," The Dead Marquise," etc., a story of life in France in the sixteenth century; and a volume of essays and sketches by a well-known New York littérateur.

E. P. WHIPPLE has written an essay on Daniel Webster, as an introduction to the large octavo volume of "Great Orations and Speeches" by Webster, which Little, Brown & Co. have in preparation. This volume is to contain about one half the matter contained in the six-volume edition of the great statesman's works. A new edition of Parkman's Dis covery of the Great West," entirely rewritten and improved from new material, will be issued during the spring.

THE AMERICAN NEWS Co. propose to publish General Grant's Travels around the World," by John Russell Young, in subscription parts. The first will be issued in May, with a steel-plate engraving of General Grant by W. E. Marshall. The book complete is to have 1000 illustrations. As the travels of Secretary Seward around the world, in book form, reached a sale of something like 70,000 copies, it is suggested that Mr. Young's book ought to reach a sale of half a million copies.

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