The Washington herald., 1909-07-25

probably the decision OF courts OF JUS
tice On both sides OF the Atlantic will
be necessary before the public submits
10 the pretension put forward by the
executors and heirs OF the late George
Meredith, 10 the effect that not merely
the latter's literary productions. but also
all the letters which during his long life
he may have written TO English or for
eign friends are covered by copyright,
and form part and parcel Of The Mere
dith estate
1t would seem that the notice which
the executors Of the great novelist have
issued 70 this effect. has been called forth
by the publication IN the London Times
OF the series of letters addressed by him
10 the late Edmund Clarence Stedman.
and placed By the latter's son and daugh-
ter at the disposal OF that newspaper.
The Merediths seem 10 have objected
to the printing Of the correspondence in
question in the Times, on the ground
that it formed part and parcel of the
writer's property and the announcement
which they have made is 20 call the at
tentiOn of all others who may be In pos
session OF letters addressed to them by
the late George Meredith 10 the fact that
they are proniblted from either publish
ing or disposing OF them by sale or even
by gift.
While people have in many instances
refrained from putting into print the
communications addressed 20 them by dis
tlnguished personages. without having
previously sought and obtained the con
sent either % the latter. or II dead then
OF their heirs and executors, II has always
been understood that this was a matter
OF courtesy and consideration. rather than
OF legal obligation; and the stand taken
by the Merediths and by the executors OF
their fathers will opens up an entirely
new vista, as well as a very extensive
field for argument
In the first place, Il may be questioned
whether anything is protected by the
copyright laws. either here or abroad,
until all the requirements OF The copy
right law have been fulfilled: and, i'm
bued as are most writers with an alto
gether eXtravagant sense of the value
of the lucubrations Of their pen there
are none OF them so FAR as I am aware
who have until now ventured 10 take
the trouble to copyright mere friendly
letters and notes TO acquaintances.
Indeed. anyone receiving a letter that
DETlHCIlN
justified in constituting the precaution as
grave insult, since It could only be in
terpreted as a conviction on the part OF
the writer that the addressee was not 10
be trusted and was sufficiently unscru-
pulous 70 convert the precious documents
into cash.
Dame Justice has thus far declined 10
pronounce herself definitely with re-
gard 70 the ownership Of private letters
which have not been copyrighted. or to
determine the question as to whether they
belong 20 tho writer's estate. or to that
OF the oddressee, or even to that Of any
person into whose possession they have
come through bequest gift. or pur-
chase
True, the code Of honor suggests that
the writer retains a sort Of proprietary
interest in the document, and may under
the circumstances expect 70 be consulted
about their publication. But whatever his
rights in the matter, they are purely
moral, and not in any sense Of the word
legal
Indeed. the law is so undecided about
the matter. that in every instance when
II has been invoked to arrest the dis
closure Of correspondence. il has been in
this condition Of affairs Is to be found
In the fact that the courts seem to be
powerless even 20 prevent the revelation
OF confidential letters of monarchs. royal /
personages. and government dignitaries |
or high rank, when they contain official |
secrets and matters affecting the welfare !
OF the dynasty and OF the state
It was this that led Lord Esher. in July. !
1907. to address from his place in the
House OF Lords a question to the lord
high chancellor. as 70 the extent OF the
ground covered by the so-called official
secret law Of 1859. II was understood at
the time that he was making this Inquiry |
in behalf OF the King. not only because !
the latter had been extremely put out !
not 20 say embarrassed. by the indis- |
Greet revelations contained in the memoirs |
and printed correspondence of certain |
English statesmen and former ambassa-
dors. but also because he had become /
alarmed by the rumor that a peeress Of /
the realm gifted with an exceedingly |
clever and somewhat vitriolc pen. was /
about 20 publish her "reminiscences and
letters.
Estranged until quite recently from the /
court. and from most of her former 1
friends, she had given Il 10 be understood /
that she would give free rein to her muse.
and as she was for nearly a quarter OF /
a century. not merely one of the leaders /
OF The English great world. but also a |
most influential figure In political. Off /
ciaL and court life. IL naturally stands /
TO reason that she was In a position TO |
print confidential correspondence. and 10 /
reveal secrets the disclosure OF which 7.
would have been, 10 say the least. ex-
tremely disCOncerting.
The reply from the Woolsack was very
unsatisfactory. II was to the effect that
the official secrets law OF 1889 had been
so carelessly drawn up. and was so clum-
sy. INTRICATE, and altogether impractical
that neither the bench nor the govern
ment had ever ventured 10 invoke II. not
even in the most fragrant cases OF be-
trayal Of state secrets TO foreign govern 1
ments.
Lord Esher thereupon devoted his lois
ure during the parliamentary recess TO \
the drafting Of a bill, in the shape OF an
amendment to this law Of 1889. with the
object of extending its provisions in such
a manner as TO cover all royal corre-
spondence and communications; also. the
correspondence and communications of
people then or formerly in the official
world. and providing against all indiscreet
revelations affecting the royal house Of
England, foreign reigning families. and \
the government.
Lord Esher. who IS the deputy cover
nor Of Windsor Castle. and the most In
huental member Of the Kings household. \
did not venture 70 submit the bill himself /,
TO Parliament but induced Lord Lore
burn TO father H. II was obviously the
onspfinS Of court!er, eager. to fulfil his
sovereign's wishes rather than the work
OF so astute a lawyer as the keeDer Of