New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1899-04-23
KIPLLNG BRINGS SUIT.
G. p. PUTNAM,S SONS HOWEVER, FAIL
TO UNDERSTAND IT.
THE AUTHORS ATTORNEY WRITES THAT
HE is "RIGHTEOUSLY INDIGNANT
OVER THE ALLEGED APPROPRIA-
TON OF HIS PROPERTY.

ling is "righteously indignant over the appropria-
ton OF his property" by the publishing house OF
c. F. Putnams Sons. and to secure redress Tor
the alleged wrong he has begun an action fo'
$4,000 damages in the United states circuit
Court here against this well-known house anu
other publishing firms for alleged trademark
and copyright infringements. Augustus l.
Gurlitz of No 50 Broadway is Mr.. Kipling's at
torrev and the defendants named In the pre-
cipe for summons are G. j. Putnams Sois'
George Haven Putnam and Irving Putnam, H.
Appleton & Co. the Doubleday e. Mcclure Com
pany. Charles and Arthur II. Scribner. known
as Charles Scribner's Sons. and The Century
Publishing Company. No complaint has been
filed.
The precipe says that this action is really
against the Putnam firm. and that the other
firms are included as defendants merely because
Of temporary interests in the nature OF copy
right agreements connected with those Of the
plaintiff.
The announcement that Mr.. Kipling about
to sue the firm Of G. P. Putnam's Sons came as
great surprise yesterday. Few people were
expecting such a turn Of affairs for the reason
that. although Mr. Kipling's dealings and agree
ments with different publishing houses have
necessarily been extensive and complicated be-
cause of the wide popularity Of his books. there
have been no outside indications that he had
grievance against the Putnam firm. Mr.. Kip
ling who is at present in Lakewood, n. j.. could
not be seen yesterday. nor could any light on
the subject be obtained from his attorney. or
from firm members of the DoubleC-.y & Mcclure
Company. which has done most Of the authors
American publishing.
Irving Putnam. Of the firm Of G.. P. Putnams
Sons. when seen at his home last night by
Tribune reporter professed entire ignorance Of
the motive or specific cause for the suit
What do you think the trouble could possibly
concern" he was asked.
well l can tell you in a general way, but l
can't say anything definite. because don't
know anything definite about IT. We have done
our best to find out from Mr.. Kipling the nature
of his grievance, in order that we might settle
It, If possible without going into court; but he
has told nothing We would have been glad,
and were anxious, to effect any reasonable COM
promise and we were willing TO give up good
deal to avoid just such trouble as this. but Mr..
Kipling has refused to give any specific In
formation and we are still in the dark to the
cause of this suit Our only knowledge is con-
tanned in the pracipe for summons and there's
nothing there. Mr.. Kipling simply says: You've
wronged me; now stop and pay damages
THE trouble probably lies-although ] do not
see that we have done any wrong therein our
custom of buying unbound from Mr.. Kiplings
publishers the printed sheets Of his works, and
then binding them ourselves and selling them.
Our retail shop, in conjunction with our neigh
bor E. p Dutton & Co, bought from the
several publishers Of his works number of
copies each of his different books follows:
Copies of seven different works from the Mac
milan Company three from the Century Com
pany, two from d. Appleton e. Co, and one
from the Doubleday Mcclure Company
We bought these printed sheets In unbound form
and put our own covers on them-an ordinary
custom in the book business from time i'm
memorial. These books in each the
authorized copyright edition. and Mr.. Kipling
presumably gets royalty on each copy sold.
There is one book Of his called Departmental
Ditties,' consisting of his earlier Indian poems.
which for some reason he does not to
wish to perpetuate. We knew nothing Of this
feeling when we bought the books. OF this
work there is no authorized copyright edition,
bat 1t happens to be material that the public
thinks most highly Of. This is not included in
the Outward Bound edition, published by
Charles Scribner's Sons. and especially selected
and compiled by himself and we thought 1t
good stroke of business TO include in
Complete Collected Edition. II had
known OF the authors reluctance to have
these poems perpetuated we would not
have published them out of principles of comfy
and courtesy, but we have never received such
an intimation from the author. These poems
happen TO constitute one of the most popular
Of his books and in form of various editions
have been in the market for eight years. AS
there is no authors copyrighted edition we
bought the best available edition possible-that
Of
Philadelphia. These several sheets we bound up
In various STYLES of cloth and leather binding.
making a collection that uniform in ex
terror. but preserving inside the material just
as published together with the title-pages and
imprints Of the several publishers. We learned
only incidentally that Mr.. Kipling objected to
this collection and we have been vainly trying
ever since to find out in what particular he
considered himself wronged. AS soon as we
heard that there was any objection on his part,
at the suggestion Of a mutual friend CIV. w.
Applcton). we assented to an interview with Mr..
Kipling's representative, arranged for March
% On the day before the proposed interview
we received from Mr. Kiplings representative
letter cancelling the interview until Mr. Kipling
should be able to see his friend himself Three
days afterward to our surprise. Messrs. Dutton
and ourselves each received letter from Mr..
Kplings lawyer, stating briefly that Mr. Kip
ling considered his rights infringed by the sale
Of this collection, which we had called the Brush
wood Edition, and requesting that the sale be at
once stopped. AS were particularly sensitive
of being accused of invading an authors rights
and as we strenuously deprecated having any
disagreement between Mr. Kipling and our
house, we advised our counsel to exhaust every
reasonable resource to bring about compro-
mi Ne
obtain specifications of Mr.. Kipling's complaint.
Our lawyer wrote to Mr.. Kiplings counsel. and
received letter from Mr.. Gurlitz. stating that
| his client was 'rghteousy indignant over our
appropriation of his property, and that the only
possible settlement was on the basis Of a with
drawal Of the books for sale, an accounting TO
| Mr. Kipiing and substantial damages.
! I'd hrinQinQ