Arizona republican., 1899-05-05
POePS Father TeSfifieS About
 Elephant and SWdSfikd.
Literary Agent Says Thai naff' Not Written or Authorized by kipIinq Was Included in inc BruShWOod Edition.

l United States COmmISSlOl9r OH4SIuS
 today in the suit brought by the au-
 thor against G. P. Putram's Sons to
 recover S25, ,O0O damages for alleged
 infringement of certain copyrights
 end trade marks and for unfair com
 petition in the business Of the plain
 tiff
 While, 10 complaint has been filed
 in the suit, tt is known that the Put
 nams' so-called @*BrushwoOd edition"
 of Rudyard Kiplings works is the
 basis of the suit According to the defendants the volumes composing
 this set were purchased unbound from
 MT. Kipling's authorized publishers, bound by the Putnams in a uniform binding and offered for sale in their
 retail stores They maintain that the author received his royalty from his
 publishers and that they had right
 to buy from any publisher and sell
 again copies of his u-cC2yrighted
 books.
 l Augustus T. Gerlitz. attorney for
 MT. K:pling, said today that the plain
 tiff would charge that the defendants offered for sale under tho authors name some works which he had au- thorized for publication and sale. some that he had not 50 authorized
 (such as Departmental Ditties" and
 earlier stories, like Soldiers Three 'The Phantom Rickshaw," etc) and
 some matter that ke had never writ
 ten or authorized for publication over
 his name. This last specification re-
 ferred to book entitled "A Ken of KipIng.' by Will NJ Clamers.
 George L. Rives appeared for the defendants. President George Haven Putnam Of the publishing company was present.
 MT. Kipling, Sr., testified that hs is 62 years old, resides in Tisbury, Wilt shire, England, and is retired from tEs educational department of the h. dian civil service. H5 served twenty eight years in India. part of the time as professor n the Bombay school Of Lahore school of art
 The witness testified that he bought a sat of the ''Brushwood edition" at Putram's on Wednesday, He said that the Scribners' Outward Bound'' edition elephant was reproduced from photograph of Q terra cot;a model made by him in London. This elephant holds a lotus flower l1 his trunk and the Swastika sign is there | tn cross-examination the witness ad- | mitted that the elephant on the Put nam edition holds no flower nor is the | Swastika sign on the edition. In the drawings of 1S88-1889 the elephant was drawn full face'' and ill the | Outward Bound the left profile was shown. Tn the Putnam edition the left side of the head is shown.
 Mir Watt testified: T look after the commercial interests of authors. I find market for their manuscripts, arrange for the publication of the va rious editions of their works and at- tend to the many operations necessary to issuing book. English publishers have what are called colonial editions. which are printed n England and sent to the colonies. Then there are The copyright requirements to be compiled with. If the work I< fiction it must run serially first DramatizaIOn rights have to be look ed out for. Altogether there is q great deal of the comm arcial side Of pub fishing a book I have known Kip ling since 1890, erd was called to America three weeks ago to inquire into an alleged unauthorized puDEca- ton of his works. l never authorlzaG the Putnaihs to produce either Rud~ yard Kipiing's books ur John Lock- wood Kipling's elephants.
 4 volume of the Putnam edition en- titled The Seven seas and printed by D. Appleton & Company was shown the witness. On page 211 was found The Vampire" and on page 215 ' The Recessional." The witness 5wor5 that Appleton 6 Company had l never received the right Co publish these two poems. In cT0ss-examina- -iOn his attention was called to the "Cltic Leaf.et Company. 1898,'' at the bottom of the pages con -ainlng the poems. This d.d not make them the title pages, the witness said, and he gave his opinion that the matter was wrongly included by tha Putnams in a volune published by D. Appleton ( Combany.
 MT Watt testified that the titles of K;pling's works and the first lines of poems arranged alphabetically in "A Ken of KipIing" were parts of the writings of that author, and that their n the "Ken" was not au -horizad. The "Ken" is furnished io he Putnam set with g fac-simile Of 1ipling's autograph across the cover md the elephants head and the words {