Evening star. [volume] (Washington, D.C.) 1854-1972, 1909-04-03
CALLS IT NO ANSWER
London Times on TayIor's Re-
ply to Cloudy.
ETHICS OF APPROPRIATION
Discussing the Canons of Literary
Honesty.
WHAT AN AUTHOR MAY TAKE
Charges of Plagiarism in Preparing
the Science of Jurisprudence Dis
cussed by Writers.
WHAT AN AUTHOR MAY TAXI

BY WILLIAM f. CURTIS.
Special Correspondence OF The Star and The
Chicago Record Herald.
MOBILE, Ala. April /. 1909.
A citizen Of Mobile. who was brought
up and educated and married here, al
though for the time being resident OF
Washington. has recently been distin-
guished by at least six columns of per-
sonal attention in the London Times, an
honor few persons have enjoyed. l refer
to DR.. Hannis Taylor, special counsel Of
the United States before the Spanish
treaty claims commission.
DR.. Taylor. as may have been noticed
from recent review of an article by
Prof. Cloudy of Oxford University. has
been directly charged with plagiarism
from several eminent authors in his re-
cent book. THE Science of Jurispru-
dence." Prof. Goudy denounces the vol
ume as IAN imposture." Nearly the
whole of Dr. Taylor's elaborate chapter"
he says, Il found to be gross plagiarism
This charge made by Prot. Cloudy in
the Juridical Review. Scottish maya
zine of high standing. entitled "Plagiar-
isn-A Fine Art was answered by DR..
these columns. He also sent a two-col-
umn article to the editor of the London
Times, and 1t was published entire in that
paper. but the Times says that 1t Is not
itor of the Thunderer makes a sugges-
ton which Is calculated to settle in
definite manner the controversy between
these two eminent authorities on inter-
national law.
I'VE are not to he tempted to express
directly or indirectly any opinion as to
the truth of the grave charges" says the
Times in a column editorial. THE SINH
lar passages are accessible to every one,
and, so far as they leave the matter
open, it is a question for scholars and
men of letters. But IL their judgment is
mistrusted there is a practical way of de-
termining 1t. which may have already oc-
Cured to DR.. Taylor. Let him or his
publishers freely circulate in this coun-
try The Science of Jurisprudence The
publishers of the books. which, it Is said,
he has laid under contribution. may then.
If they think fit, take proceedings for in
will be I'm the ordinary way determined
by a judge. who will give full considera-
ton to DR.. Taylor's explanation. We
shall be glad if the result Of such an in
quiry does not reveal a reversion to prac-
tees not unknown in days before inter-
national copyright"
1t is surprising that SO intelligent a pa
per as the London Times should be SO ig-
norant concerning literary matters, for
DR.. Taylor's book was published by Mac
sale by all reputable booksellers through
out the United Kingdom. In other words.
the first part of the suggestion of the
Times has been anticipated. The Sci
ence of Jurisprudence" is already being
circulated freely in the United King
dom. and 1t is only necessary for Prof
Goudy or any one else who feels aggrieved
10 buy a copy, hire lawyer and bring
suit for damages. .
Canons Of Literary Honesty.
I'VE take exception to some of the
canons of literary integrity which under
lie passages in his Hfannis Taylor's)
letter." continues the Times. "Of course.
there are common materials which all
writer's may use. There can be no cor
ner' i'm digest or in reports. No one is,
perhaps. bound to refer to Savigny's 'Sys-
tenn or some other book equally familiar
to every student of Roman law, as an
authority for an idea which has long be-
come common property. we are invited
to much more doubtful ground when 1t is
urged. as sufficient acknowledgment of
Indebtedness, that table of authorities
cited. occupying fourteen pages. is given.
I'm using the works of specialists. Mr..
Taylor says, L have made it a rule al
ways to employ. wherever l could. the
apt phra SEES in which they have expressed
some fact or idea peculiarly their own:
an excellent practice if the apt phrases
are always attributed to their owners:
one dangerous and Objectionable II this
is not invariably done.
In these days most of US have become
easy-going in regard to literary borrow
ing. To steal a hint was never known.
but what he writ was all his own. So
said Swift. We are very tolerant of those
who cannot say the same and To some
extent with reason. We recognize that
between writer's there is often creative
interaction- the suggestions of one fruc-
tifying in the mind of another, the raw
materials of the worker perfected by the
thinker and the artist. But the liberation
has its limits: criticism is mischievously
lenent when it confounds with the kind
of borrowing which is followed by ample
repayment. the Appropriation. from lazl-
ness, incapacIty. or other reasons of the
labors OF others scholars and workers
in remote and obsrut,. parts OF literature
have at pest Scanty rewards ana they III
particular need and deserve protection.
There is Something almost pathetic In the
contrast between he labor expended upon
such works a. tna late Mr.. Greenidge's
Legal Procedure. 81 cicero Time. ana
Infama in Roman Law. and the miser-
able need of appreciation which they re-
ceive. Too often the humble. unself-
seeking scholar IS spoken of drudge.
meriting no consideration. harmlessly
gnawing an old bone in corner. Il is
at least his own bone. Do not deny him
the satisfaction of admitting that.
The controversy between DIR. Taylor
and DR. Goudy is unpleasant but ii may
do good not 50 much by settling the
truth of the particular charges as b.
making clearer the boundaries between
the legitimate use of common materials
and downright piracy.
Meantime We wait for DR. Taylor's
real answer.
Libel Suit Might Be Brought.
1t will be noticed By the tone. if not by
the words of the Times. that il believes
DR.. Taylor guilty or the charges brought;
against him by Prof Goudy, and the in
vitation cordially extended TO Dr. Taylor
to place himself within the clutches of
the British courts is not likely TO be ac-