Metempsychosis. (J17) S. $1.75 Longmans, G Peabody, C. H. Tales of the properties of saturated

The Publishers' Weekly.

FOUNDED BY F. LEYPOLDT.

AUGUST 4, 1888.

Publishers are requested to furnish title-page proofs and advance information of books forthcoming, both for entry in the lists and for descriptive mention. An early copy of each book published should be forwarded, to insure correctness in the final entry.

The editor does not hold himself responsible for the views expressed in contributed articles or communications.

In case of business changes, notification or card should be immediately sent to this office for entry under "Business Notes." New catalogues issued will also be mentioned when forwarded.

All matter, whether for the reading matter columns or our advertising pages, should reach this office not later than Wednesday noon, to insure insertion in the same week's issue.

Every man is a debtor to his profession, from the which, as men do of course seek to receive countenance and profit, so ought they of duty to endeavor themselves by way of amends to be a help thereunto."-LORD BACON.

THE PRESENT STATUS OF THE COPY

RIGHT BILL.

to

yet no advices as to the reasons for Mr. Rogers'
action, if any are known, but even if he is to be
regarded as an opponent of the bill or of inter-
national copyright in any shape, it seems a pity
that objection should have been made
the consideration of the bill under discussion.
The present Congress will lose a great opportu-
nity if it permits this bill to go unpassed. It is
earnestly to be hoped, now that the course pro-
posed proves impracticable, that some oppor-
tunity will be found during the present session
to bring the question to a vote.

While it is understood that the essential features of this compromise measure, for such it confessedly is, could not well be seriously modified without endangering the general understanding of which it is the result, it is important that defects of drafting and inconsistency with the statute amended should be remedied in the House to make the bill work as smoothly as possible. Since the bill as passed by the Senate was to go into effect July 1, it must, when passed by the House, either go to a Conference Committee or be amended in the Senate to conform with the new date which may be designated in the House. This necessarily gives opportunity for the changes of which we speak. These being made, it is important that the bill should be passed essen

THOSE who had hoped that the year 1888 tially as agreed upon, by the consensus of those

would not close without seeing our country relieved from the disgrace that it is the only one among civilized nations which does not recognize the rights of literary property except among its own citizens, have much reason to be disappointed at the present status of the copyright bill in the lower House. It had been agreed among the friends of the measure that in case the course of events in the present session should make it impracticable to secure fair opportunity for a vote on the bill amidst the pressure of appropriation and political measures, there should be a postponement until early in the winter session, and, in accordance with this understanding, General Collins asked that December 5, at the very opening of the new session, should be designated for the discussion of this bill. It would have been a very happy consummation if, after the excitement of the Presidential election, whatever its result, both parties could have commenced the new session by agreeing to put so creditable a measure toward international copyright on the statute-book.

Unfortunately, under the absurd red tape rules of the House, which are admittedly framed to prevent business being done lest the wrong kind of business should be done, one member, Mr. Rogers, of Arkansas, interposed his objection to the consideration of the motion, and it was therefore not possible to bring it before the House. We have as

most interested in copyright. Otherwise the probability is that the hostile forces will be likely to array themselves again against each other, and that we should have two bills, one from the restrictive and one from the other side, combating each other, with lessened hope for the passage of

either.

WE give elsewhere the decision of the Chicago court declining a temporary injunction to restrain the publishers in Chicago from putting on Mr. E. R. Roe's books the style of cover used on the books of the late E. P. Roe. In the absence of the full text of the Chicago decision, it is difficult to see whether the essential plea was grasped by the court. The despatches indicate the contrary. The one claim was that the Western publishers had imitated already published designs so as to deceive the public into the belief that they were purchasing a book by the more widelyknown novelist, E. P. Roe. This, of course, has nothing to do with the literary merits of either of the novelists named, or the question of which was first in the field as an author. We give also, as bearing upon this question, the opinion by an eminent authority, Judge Fancher of this city, on whose advice the suit was brought. It is to the benefit of all fair dealing that the law should protect as fully as possible the rights of individuality in the domain of literature.

166

THE ROE COVER CONTROVERSY.

From the Chicago Globe, July 5.

THE injunction prayed for by Edward P. Roe to restrain Laird & Lee, of this city, from publishing the novel, "May and June," by the well-known writer of fiction and scientific works, Edward R. Roe, was denied by Master Waller, to whom it was referred by Judge Gresham. that Col. E. R. Roe was first in the field as a It appears writer of fiction, and Edward P. Roe's novel, Barriers Burned Away," was sold largely in the West on the reputation of E. R. Roe's novel, Virginia Rose," which appeared in 1851. When "Barriers Burned Away

came out, the writer

was mistaken for Col. E. R. Roe, and the latter author received numerous letters congratulating him on his reappearance in the field of fiction. Judge Waller pronounced the suit of E. P. Roe the flimsiest pretence for an injunction ever brought before him.

OPINION OF JUDGE E. L. FANCHER.

44

An

In March last, Dodd, Mead & Company, of New York, published the first number of a Library of Fiction, containing a recent novel by the popular writer, Edward P. Roe, entitled Original Belle;" and they graced the cover of the publication with a tasteful design, that has been plagiarized by a later publication purporting to emanate from "Laird & Lee, publishers, Chicago," containing some writings by one Edward R. Roe.

The apparent intent of the latter is not only to copy the artistic design of the former publishers, but to imitate, as well, the name of the author of Dodd, Mead & Company's publication. No one can look at the covers of the two publi

cations and fail to see evidence of a design to deceive the public and to infringe the rights of the publishers and author of the former publication.

After the title of the book on the cover, published by Dodd, Mead & Company, follow the words" by Edward P. Roe;" and this name of the author is printed within a circle of blue ground, flanked by some artistic scroll-work, chiefly at the left of the circle. The letters composing the author's name are in antique Roman, in three several lines within the blue circle. The letters that spell Edward are in the first line, and those after the E slope downward from the middle of that initial letter. The P is in the next line or middle, and the surname, Roe, with a long leg to the R, is in the last of the three lines.

The copied design on the Chicago book closely follows this description. The scroll-work is at the left of the blue circle; the method, arrangement, and character of the letters are imitated precisely from the genuine. The deceptive attempt of drawing a short dash under the R. of the second line in the imitation, so as probably to claim that it may be read Edward R. Roe, instead of Edward P. Roe, would not be apparent to any casual purchaser. But the public would, without doubt, be deceived into the belief, in the purchase from a book-stand of a book of spurious cover, that the popular writer, Edward P. Roe, was the author of it, when that would be a decep

tion.

As the cover of their book is not protected by copyright, but only the book itself, Dodd, Mead & Co. have no remedy under the United States

statute for infringement of their copyright. The fraud does not extend to the letter-press of the book, but only to the cover.

affords redress.

Yet they are not without remedy for the deception of the Chicago house. The cover of the New York publication contains a trade-mark. It is intended and calculated by its appearance authorship of the publication. To purloin the to indicate to purchasers, at a glance, the true trade-mark is both a public and a private wrong. and the author of the original publication. For It deceives purchasers and injures the publishers every wrong accompanied by injury the law Chicago imitation is to induce purchasers to The apparent purpose of the buy it under the supposition that they are purP. Roe. A Court of Equity will protect the chasing a book by the popular author, Edward another so as to deceive the public, the simulated owner of a trade-mark. If it be simulated by device will be restrained by injunction; and, in the same action, if injury has been done, damages may be recovered of the wrong-doer. The docdepend entirely upon invasion of Individual trine of the protection of trade-marks does not rights, but upon the broad principle of protecting the public from deceit. Whether it be label,

cover, device, or handbill-whatever is calculated to deceive the public and induce the belief that really is, but another thing-will be restrained the article they are purchasing is not what it by injunction, where another's right is invaded. This principle is well settled; and some of the authorities on the subject are collected in Mat sell v. Flanagan, 2 Abbott's Practice Rep., N. S., 459, and Williams v. Spence, 25 How Prac. Rep., 36. To claim that the Chicago house can be justified in the procedure referred to would be to assert the right of one publisher or author to ity of another by adopting a deceptive placard on trade on the well-earned reputation and populara book. The cover that indicates the origin and and important should be protected from piracy; authorship of a publication in a case so special nishes in a court of equity sufficient means of and the law in such cases, in my opinion, furprotection and redress.

OBITUARY.

MICHAEL R. GATELEY.

He

For

publishing firm of M. R. Gateley & Co., died at MICHAEL R. GATELEY, of the well-known book his summer residence on Jerusalem Road, Cohasset, Mass., July 26, after a brief illness. was born in Dorchester about thirty-six years ago, and received his education in the schools of his large book publishing house as a clerk. native city. When quite young he entered a nearly twenty years he has conducted the publishand later as M. R. Gateley & Co. ing business for himself, formerly as M. R. Gateley with a small business, he constantly enlarged, Beginning of a large subscription-book business, the central until at the time of his death he was at the head house being located in Boston, with branch houses in Hartford, Providence, Albany, New York City, Baltimore, Washington, Philadelphia, Cincinnati, Cleveland, Chicago, St. Louis, San Francisco, St. Joseph's parish, of Boston Highlands, and of Denver, and Galveston. He was a member of young children. the Catholic Union. He leaves a wife and two

SOME CAMPAIGN BIOGRAPHIES. Geo. Alfred Townsend (“ Gath") in the Mail and Express.

about dogs, birds, and cats, and we scour the town to satisfy her whims.

"An old naval officer who for many years has been on the retired list, and whose white hair and closely buttoned frock-coat command respect, visits us every week for sea stories, famous naval battles, etc. He reads the book before buying, and generally stands in front of the store to get a good light. He has a habit of reverently lifting his hat and holding it a few inches above his head as he scans the pages. One of our clerks, who has been rude enough to look over his shoulder on several occasions, says that he lifts his hat whenever he comes to the name of an offi

cer killed in battle.

"We have school-girl customers, who buy only novels by the Duchess' or 'Ouida;' clergymen who want only sporting and athletic books; doctors with a mania for books on cookery, and lawyers who never were known to pay for a legal work, but read every French novel published. "The most curious customer of all is a little withered Southern lady, whose wrinkles indicate her age in the eighties. She sits in the rear of the store and reads, or pretends to read, any book that comes handy-Appletons' Encyclopedia or a bible. She continually rubs her gums, as if her teeth hurt her, after which she dozes and falls fast asleep. A salesman noticed her one day dipping a match stub in a little tin box of snuff, which she carried in her reticule. The secret was out. Our Southern customer a 'snuff

"ABOUT the first campaign life written," said Mr. Townsend," was for President Monroe. The father of Jacksonian simplicity had his life all written and carefully prepared before his nomination. A man named Howard wrote Van Buren's. The Harpers published a life of Calhoun about 1847, which was intended to make that gentleman President. The first great amount of campaign literature was during the Harrison campaign in 1840. There was a perfect avalanche of printing that year in the shape of lives and songs. The campaign songsters made their appearance and there were hundreds of different ones. When Polk ran against Clay in 1844 there were a large number of song-books. In 1848, when Cass and Butler opposed Taylor and Fillmore, a large number of lives and song-books were published. When Franklin Pierce ran for President, Nathaniel Hawthorne, who was then the first littérateur of his time, wrote Pierce's campaign life. It was the first time that a prominent writer had written on this subject. He was rewarded by a consulship to Liverpool, which was then the best office in the gift of the President. It was worth $30,000 a year, while the salary of the President was only $25,000 at that time. Mr. Hawthorne was made a comparatively rich man. Lincoln's famous debates with Douglas were compiled by Howell, who was then a Columbus, O., newspaper man. He was assisted by J. Q. dipper.'" Howard. The same man wrote the campaign life of ex-President Hayes. When Grant was nominated in 1868 the New York Tribune published his life in a special supplement. It was THE Reform Club has begun, at 52 William written by Whitelaw Reid, who was then a Wash- St., N. Y., the publication of a semi-monthly jourington correspondent of the Cincinnati Commer-nal of handy dimensions called Tariff Reform. cial Gazette. Mr. Reid had expressed certain views before and he reiterated them in the article. It was not such a campaign life as the National Committee wished, and they succeeded in suppressing the entire edition. Great things had been expected from it. The life of Tilden was written by a Utica newspaper man, who afterwards went crazy. William Dorsheimer wrote Cleveland's life and was made District Attorney of New York. Major Bundy, editor of the New York Mail and Express, wrote the campaign life of Garfield. John W. Forney wrote the life of Hancock. General Wallace will write about President Harrison, and you can learn all I know about Mr. Morton for a reasonable sum."

was

JOURNALISTIC NOTES.

THE title of Henry James's latest story, the first part of which will appear in the forthcoming number of the Universal Review, is "The Lesson of the Master."

So great has been the success of The Writer, the Boston magazine for literary workers, that its publishers propose to enlarge it in January, at the beginning of the next volume, and to increase the price to $2 a year.

THE July issue of the Westminister Review (Leonard Scott Pub. Co.) has articles of cosmopolitan interest on "Nurses and Nursing," "Mental Deterioration : some of its avoidable causes," and "Characteristics of American Cities."

The Cosmopolitan Magazine, the publication of which was suspended last May, will soon be issued monthly by a new company. Mr. J. N. Hallock, of The Christian at Work, is a member of the new company, and the editorial department will be conducted by Mr. E. D. Walker.

The St. Louis Stationer, to be published quarterly by the St. Louis Stationer Co., of which R. Ennis is manager and G. T. Dunn secretary, opens in an enterprising manner. It is a large quarto of 24 pages, full of interesting and welledited matter. We welcome the new-comer.

THE Nineteenth Century for July (Leonard Scott Pub. Co.) has a strong list of contributors. Gladstone treats of "The Elizabethan Settlement of Religion;" Frederick Harrison of "Picture Exhibitions; " Prof. Tyndall of · Our Lighthouses;" and the Bishop of Colombo of Budd

"Another very good customer of ours is a maiden lady of advanced years with a fondness for animal stories. She buys the latest books | hism."