with the exclusive right to take out a Copyright thereof, and to renew the same, in its own name or in the name of the Author, and to publish said work during the term of the Copyright. The exclusive right of translations, abridgments and selections from the said work, or any parts thereof, is also granted and assigned by the Author to the Publishers.

Author's Guarantee

2. The Author guarantees that he is the sole owner of the said work and has full power to make this grant, and that it is in no way libellous or a violation of any copyright belonging to any other party, and that he will hold harmless and defend the Publishers against all suits, proceedings and claims which may be taken on the ground that this work is libellous or a violation of copyright.

Publication

3. The Publishers hereby agree to publish said work at their own expense in such style and quantities as seem to them best suited to the sale of the work and further agree to use their best endeavors to promote such sale, adopting such methods as are deemed most efficient by them.

Royalty

Free Review Copies

4. The Publishers agree to pay the Author a royalty of per cent. of the retail price of the work, on each copy sold, except on those sold to wholesale dealers in foreign countries, on which the royalty shall be per cent. of the American retail price, but the Publishers reserve the right to send out such free copies (on which no royalty is to be paid) for review or otherwise as may in their judgment be necessary to suitably advertise and promote the sale of the work.

Statement of Sales and Payments

5. Statement of sales shall be rendered semi-annually, in the months of January and July, for the periods ending December 31 and June 30, respectively, and payment of the amount due the Author will be made in each case within thirty days thereafter.

220

ENGINEERING LITERAT

Author's Alterations

Index

6. Any alterations made by the Aut work is in type, which exceed ten (10) the cost of composition, shall be at the e Author, and any Index that may be req plete the work, shall be considered as Manuscript and shall be prepared by t at his expense.

Destruction of Plates

7. If the plates or type forms be rende by fire or otherwise, the Publishers sh option of reproducing them or not, and if to do so, then, after the sale of all copi on hand, the Copyright and all rights he shall be re-conveyed to the Author and shall terminate.

Assignment of Contract

8. This contract may be assigned by and the Assignee shall have all the righ dies of the original parties thereto, bu whole and neither party shall assign any

therein.

Author's Copies

9. Five (5) coplag of the complete w furnished on publicatio.

lishers, free of all charges.

n to the Author On behalf of the

For the author.

Publishers,

XVI

THE LAW OF LIBEL

[Most of the following paragraphs are extracted from articles by Samuel Merrill, author of "Newspaper Libel," a complete and useful handbook (Ticknor & Co., Boston, 1883); from May's "Law of Crimes" (Little, Brown & Co., Boston, 1893); and from Bigelow's "Law of Torts" (Little, Brown & Co., Boston, 1896).]

Lord Camden's definition of libel, repeatedly approved by the courts of New York, is as follows: "A censorious or ridiculing writing, picture, or sign, made with a mischievous or malicious intent, toward government, magistrates, or individuals.”

Within the scope of this definition, printed and published blasphemy is indictable as a libel, and so is printed obscenity or other immoral matter-both on the ground that they tend to deprave or corrupt the public morals. So is a publication against the government, tending to degrade and vilify it, and to promote discontent and insurrection; or calumniating a court, tending to weaken the administration of justice.

Quoted by permission from "Writing for the Press," by Robert Luce (Boston, 1907-$1.00)-a useful compilation of material for reporters, magazine writers and authors, edited by a writer who has been brought into continual contact with newspaper work for a number of years. For the technical man, its greatest value lies in the several sections on the use of common words and phrases-Discrimination, Slang or Idiom. Obnoxious Words. Trite or Grandiloquent Expressions, Condensation by use of Simple Words, Bombastic and Fine Writing, etc.

The more common and restricted definition of libel at common law, as against individuals, is, the malicious publication of any writing, sign, picture, effigy, or other representation tending to defame the memory of one who is dead, or the reputation of one who is living, and to expose him to ridicule, hatred, or contempt. It is punishable as a misdemeanor, on the ground that such a publication has a tendency to disturb the public peace. It also gives the injured party ground for damages to be recovered by a civil suit.

Language is none the less libellous if the object of the charge is not named, provided people in the community would understand who is meant. If they would not understand who is referred to, the matter is not of sufficient interest for publication. The matter is equally libellous if directed against a family, though it is not against any individual member of the family.

It is generally immaterial what meaning the writer intended his words to convey; the effect of the publication, the manner in which readers understand it, is alone in issue. Likewise it is immaterial whether the defamatory charge be affirmative and direct, or indirect SO as to be matter of inference merely, or that it is ironical, or that it is made in allegory or other artful disguise. It is enough that the charge would naturally be understood to be

defamatory by men of average intelligence. It is not necessary that the words contain an imputation of crime. It is libellous to charge anyone with falsehood, dishonesty, insolvency, drunkenness, unchastity, or having a contagious or infectious disease of a disgraceful kind, as well as any offense against the law.

Defamation has a natural tendency to injure a man in his office, business, or occupation, within the meaning of the rule, when it strikes at his qualification for the performance of the duties of his situation, or when it alleges some misconduct or negligence in the course of performing those duties. Language may be libellous that is not defamatory of a person, but that impairs the value of his property.

The law assumes the falsity of a defamatory publication until the truth is shown, and if the publication is false, malice is also an assumption of the law, unless the publication is priv ileged. It is not necessary that the party publishing be actuated by a feeling of personal hatred or ill-will toward the person defamed, or even that it be done in the pursuit of any general evil purpose or design. It is enough if the act be done wilfully, and unlawfully, and in violation of the just rights of another, according to the general definition of legal malice. Injury is conclusively assumed to follow a false and defamatory publication.