• <b>Arader June 11:</b> Audubon Aquatint by Havell, Purple Heron Purple Heron or Reddish Egret, Plate 256. London: Havell, 1827-1838.<br>Est. $45,000-$60,000.
    <b>Arader June 11:</b> Audubon Aquatint by Havell, Wild Turkey, Male Wild Turkey, Male, Plate 1. London: Havell, 1827-38. Est. $80,000-$100,000.
    <b>Arader June 11:</b> Audubon Lithographs, Imperial Folio, Common Deer Common Deer, Plate 136. Philadelphia: J. T. Bowen, 1839-44. Est. $12,000-$15,000.
    <b>Arader June 11:</b> Charles H. Smith, Indian Elephant Watercolor Indian Elephant. Charles H. Smith (1760 - 1859). Est. $6,000-$8,000.
    <b>Arader June 11:</b> Spectacularly Rare Copper Engraving Solanum Pomiferum. Basil Besler (1561-1629). Est. $5,000-$8,000.
    <b>Arader June 11:</b> John Contable Drawing of River Stour Barges on the River Stour at Flatford, Suffolk John Constable (1776-1837).<br>Est. $45000-$65000.
    <b>Arader June 11:</b> Pine's The Tapestry Hangings of the House of Lords The Tapestry Hangings of the House of Lords. Est. $18000-$22000.
    <b>Arader June 11:</b> Exceptionally Fine and Attractive Copy of Bertram's Travels Travels. William Bartram (1729-1823). Est. $22000-$25000.
    <b>Arader June 11:</b> Mortier & Covens French edition of Mitchell A Map of the British and French Dominions in N America... Est. $15000-$25000.
    <b>Arader June 11:</b> Jefferson and Fry Map of Virgina, 1776 A Map of the Most Inhabited part of Virginia... <br>Est. $12000-$18000.
    <b>Arader June 11:</b> Floriano, Untitled World Map on a Double Hemisphere Polar Projection World Map. Antonio Floriano. Est. $75000-$100000.
    <b>Arader June 11:</b> Bierstadt Chromolithograph of Yosemite Domes of Yosemite. Albert Bierstadt (1830-1902). Est. $18000-$25000.
  • <b>Bonhams Fine Books and Manuscripts, 8 June 2016, New York</b>
    <b>Bonhams June 8:</b> Lot 1. ARISTOTLE. 384-322 B.C.E. De animalibus [De historia animalium. De partibus animalium. De generatione animalium.] US$ 300,000-500,000.
    <b>Bonhams June 8:</b> Lot 44. ARIOSTO, LUDOVICO. 1474-1533. Orlando Furioso in English Heroical Verse, by John Haringto[n]. [London: Richard Field, 1591.] US$ 70,000-90,000.
    <b>Bonhams June 8:</b> Lot 183. HARRISON, William Henry. Document Signed AS PRESIDENT ("W.H. Harrison"). US$ 40,000-60,000.
    <b>Bonhams June 8:</b> Lot 116. <br>ALI, MUHAMMAD. B.1942. U.S. Passport Signed ("Muhammad Ali") Twice, [Dublin, July 19, 1972].<br>US$ 25,000-35,000.
    <b>Bonhams June 8:</b> Lot 52. Bible In English. [Mearne, Samuel, binder.] The Holy Bible containing the bookes of the Old & New Testament. US$ 25,000-35,000.
    <b>Bonhams June 8:</b> Lot 130. EARHART, Amelia. 1897-1937. Archive of material on the purchase and outfitting of Earhart's Lockheed Electra 10e. US$ 15,000-20,000.
    <b>Bonhams June 8:</b> Lot 85. BURTON, Virginia Lee. 1909-1968. The Little House. Boston: Houghton Mifflin, 1942. US$ 15,000-20,000.
    <b>Bonhams London June 15.</b> Lot 68. CAMERON (Julia Margaret) Kate Keown [No. 5 Of Series of Twelve Lifesized Heads], [1866]. <br>£30,000-50,000.
    <b>Bonhams London June 15.</b> Lot 98. Karl Marx. Das Kapital. Kritik der politischen Oekonomie... Erster Band, FIRST EDITION, 1867.<br>£80,000-120,000.
    <b>Bonhams London June 15.</b> Lot 111. Isaac Newton Autograph manuscript, in English, headed "The Question stated about abstaining from blood". £50,000-70,000.
    <b>Bonhams London June 15.</b> Lot 112. Nobel Prize for discovering isotopes in stable elements, awarded to F.W. Aston in 1922. £200,000-400,000.
    <b>Bonhams London June 15.</b> Lot 140. Kay Nielsen (Prince Bismarck discovering the soldier), 1913. £15,000-20,000.
  • <b>American History: Live Salesroom Auction, June 10, 10:00 AM ET</b>
    <b>Cowans June 10:</b> Lot 5. The Confederate Blockade Runner <i>CSS Colonel Lamb at Sea</i>, 1864, by Samuel Walters. Est $60000-$80000.
    <b>Cowans June 10:</b> Lot 140. Brevet Brigadier General James H. Kidd, 6th Michigan Cavalry, Exceptional Collection. Est Est $80000-$100000.
    <b>Cowans June 10:</b> Lot 141. Elizabeth "Libbie" Bacon Custer, ALS and Souvenir Relics from the Surrender at Appomattox Court House.<br>Est $20000-$30000.
    <b>Cowans June 10:</b> Lot 116. Colonel Elmer E. Ellsworth Presentation Sword and Archive. Lot of 52 items related to Elmer Ellsworth.<br>Est $100000-$200000.
    <b>American History: Live Salesroom Auction, June 10, 10:00 AM ET</b>
    <b>Cowans June 10:</b> Lot 1. Paul Revere, War of 1812, Mechanics of the Town of Boston Signed Pledge. <br>Est $10000-$15000.
    <b>Cowans June 10:</b> Lot 64. Rare Whole Plate Tintype of the Ill-Fated Civil War Steamer Sultana. <br>Est $5000-$7000.
    <b>Cowans June 10:</b> Lot 346. James B. "Wild Bill" Hickok Tintype and Autograph Poem Signed.<br>Est $20000-$30000.
    <b>Cowans June 10:</b> Lot 330. Remarkable California US Mail Steamship Co. Broadside, 1859. <br>Est $10000-$15000.
    <b>American History: Live Salesroom Auction, June 10, 10:00 AM ET</b>
    <b>Cowans June 10:</b> Lot 161. Previously Unknown Daguerreotype of Future First Lady Julia Dent Grant and Sons Made for Captain Ulysses S. Grant. Est $10000-$15000.
    <b>Cowans June 10:</b> Lot 229. <i>Titanic Disaster</i>, Ogden Family Travel Album Containing 30 Photographs Taken from the RMS Carpathia. <br>Est $5000-$7000.
    <b>Cowans June 10:</b> Lot 230. RMS <i>Titanic</i>, Cork from Life Belt Salvaged by Passengers of the RMS <i>Carpathia</i>. Est $7000-$9000.
    <b>Cowans June 10:</b> Lot 231. Bronze RMS Carpathia Medals Presented to Mr. & Mrs. Ogden, Plus ALS from Captain Arthur Rostron.<br>Est $4000-$6000.
  • http://catalogue.swanngalleries.com/asp/searchresults.asp?sale_no=2419&st=D&viewby=lot_asc&ps=25&pg=1
    <b>Swann Auction Galleries June 14:</b> Lewis Carroll, <i>Alice's Adventures</i>, illustrated & signed by Salvador Dalí, New York, 1969. <br>$12,000 to $18,000.
    <b>Swann Auction Galleries June 14:</b> David Roberts, <i>The Holy Land</i>, 6 volumes, London, 1842-49. <br>$35,000 to $50,000.
    <b>Swann Auction Galleries June 14:</b> Arthur Szyk, <i>The Szyk Haggadah</i>, edited by Cecil Roth, first edition, signed, London, 1939. <br>$15,000 to $25,000.
    <b>Swann Auction Galleries June 14:</b> William Shakespeare, <i>The Dramatic Works</i>, 9 illustrated volumes, London, 1802. $5,000 to $7,500.
    http://catalogue.swanngalleries.com/asp/searchresults.asp?sale_no=2419&st=D&viewby=lot_asc&ps=25&pg=1
    <b>Swann Auction Galleries June 14:</b> Grimm Brothers, <i>Little Brother & Little Sister</i>, illustrated & signed by Arthur Rackham, London, 1917. $2,000 to $3,000.
    <b>Swann Auction Galleries June 14:</b> John Milton, <i>Paradise Lost</i>, illustrated by John Martin, London, 1846. $1,500 to $2,500.
    <b>Swann Auction Galleries June 14:</b> Edward Young, <i>The Complaint, and The Consolation</i>, first edition, illustrated by William Blake, London, 1797. $8,000 to $10,000.
    <b>Swann Auction Galleries June 14:</b> <i>Catalogue of the Morgan Collection of Chinese Porcelains</i>, first edition, New York, 1904-11. $3,000 to $4,000.

Rare Book Monthly

Articles - May - 2013 Issue

Can Secondhand Dealer Legislation Ensnare Even the Collector?

Hillbill

Proposed California law relating to secondhand dealers.

The devil is in the details. California, a leader in legislating things, has long tried to regulate secondhand trade. It is not that they are looking to complicate the world for small sellers who trade in used goods. The problem relates to stolen merchandise. The way one sells such merchandise, or using the proper term, “fence” such merchandise, is generally through the secondhand market, a place where people are frequently willing to buy goods for an unusually low price, no questions asked. One category of goods frequently associated with the trade in stolen merchandise is books. Legislators are aware that libraries provide a ready product source for those who like to sell without first buying their books.

Earlier legislation was mostly focused on pawnbrokers. In another era, thieves generally would bring what they stole to a pawnshop, the most notable seller of secondhand merchandise. However, it is no longer so easy. Flea markets, thrifts shops, eBay and the like have become viable markets for fencing goods. Undoubtedly, law enforcement (and consumers) often see things for sale in such venues and wonder how can they be so cheap. The law probably knows very well. The problem is devising tools that can catch the guilty, while leaving the innocent alone. And that is where the devil arises in the details.

A Los Angeles book collector, Richard Hopp, sent us a copy of a letter (it's actually more like a legal brief) he sent to California Senator Jerry Hill, sponsor of a new round of legislation. Mr. Hopp is particularly concerned about what constitutes a “secondhand dealer.” This is not clearly spelled out. He is concerned about such vendors as garage sales, church and library sales. Will they be ensnared in the licensing, customer tracking, and various other requirements the law would impose on secondhand sellers? Or how about a simple purchaser? Could he be tangled in the definition of a “secondhand seller.”

That last case may sound absurd to you, but Mr. Hopp was himself hauled before a court in Los Angeles in one of the more bizarre of cases involving a city secondhand book dealer code. The city argued successfully in court that Mr. Hopp was an unlicensed book dealer despite their having no evidence that he had ever sold, or attempted to sell, a book. He was a collector who the city determined was a book dealer because he bought books. That conclusion could be enough to strike fear in the heart of every book collector and librarian in Los Angeles, but Mr. Hopp fought city hall and in time he won.

In the Los Angeles case, the law provided that anyone engaged in “the business of buying, selling, exchanging or otherwise dealing in secondhand books...” constituted a book dealer. Richard Hopp was not engaged in the business of “buying and selling,” but he was engaged in “buying or selling.” Since the “or” in the statute only requires one or the other, and he was a buyer, he was deemed a book dealer.

Mr. Hopp conducted his buying in an atypical way for a collector – advertising to buy books and setting up a “buying booth” at shows. The city evidently concluded that someone who bought in this manner must be buying for resale, not for collecting. The problem was that they had absolutely no evidence he ever sold any books, and Mr. Hopp explained that this was the way he filled his collection, giving away or discarding books purchased in bulk he did not want.

Ultimately, Richard Hopp prevailed in court on appeal. The higher court did not focus on the buying and/or selling issue. Instead, it focused on the word “business” in the statute. The court concluded that a business requires some sort of service to the public, and so why he was certainly “buying” books, he was not engaged in the book “business.” Therefore he was not a book dealer.

It's no wonder Richard Hopp would be a bit gun shy about new secondhand dealer legislation, particularly laws such as this that could make book collecting a “criminal profiteering activity.” He suggests making the definition of a secondhand dealer to be “conjunctive and comprehensible and no longer disjunctive and ambiguous.” In other words, for starters, define a secondhand dealer as one who engages in buying and selling used merchandise, not buying or selling it. He concludes, “This proposed change is to protect the collector in his/her hobby, low income person, the disadvantaged, occasional seller, and bargain shopping public so as to no longer classify them as potential criminals. Amendment of the existing codes is needed to achieve their intended purpose, e.g., curtail the sale of stolen property to a 'fence', yet still allow a widow to buy a teapot.”

The problem that Senator Hill and others are trying to fix is a serious one. A readily available market for stolen goods encourages people to steal more. Collectors or buyers can make the situation worse by buying merchandise they have reason to believe is likely to be stolen. Perhaps buyers need to be regulated too, though it is certainly preferable to limit the burdens to those who make a business of trading in used merchandise. We will leave the fashioning of proper legal remedies to the legislators.

However, it is worth noting that this issue never would have arisen had Los Angeles officials applied even the minimum of common sense. They may have suspected that Mr. Hopp was engaged in a secondhand business, but convictions must be based on evidence, not suspicions. Since they had no evidence Mr. Hopp was violating any laws, they tried to twist the law to cover innocent behavior. So now, someone needs to find a way to write needed statutes not only to protect society from the criminal, but to protect the innocent from society, in the form of overreaching law enforcement. No wonder our statutes become such a jumble of incomprehensible legalese.

Rare Book Monthly

  • <b>19th Century Shop.</b> DARWIN, CHARLES. Iconic signed Darwin photograph "I like this photograph much better than any other which ..."
    <b>19th Century Shop.</b> DARWIN, CHARLES. <i>Autograph Letter Signed</i>. Early Unpublished Darwin letter on the races of man.
    <b>19th Century Shop.</b> WRIGHT, WILBUR. Experiments and Observations in Soaring Flight. Journal of the Western Society of Engineers 8, no. 4 (August, 1903).
    <b>19th Century Shop.</b> EINSTEIN, ALBERT. <i>The Meaning of Relativity.</i> FIRST EDITION IN ENGLISH. Signed and dated Oxford 1931.
    <b>19th Century Shop.</b> GARDNER, ALEXANDER. Antietam Bridge, Maryland. "One of the memorable spots in the history of the war."
  • <b>Seth Kaller:</b> Leaves from<br>George Washington's Own Draft <br>of His first Inaugural Address. An Extraordinary Rarity!
    <b>Seth Kaller:</b> Declaration of Independence: Benjamin Tyler 1818 - First Print with Facsimile Signatures.
    <b>Seth Kaller:</b> Thomas Jefferson Signed Act of Contress Authorizing Alexander Hamilton to Complete Famous Portland Maine Lighthouse.
    <b>Seth Kaller:</b> Emanuel Leutze. Silk Flag Banner designed by Leutze, created by Tiffany & Co., and presented to Gen. John A. Dix, 1864.
    <b>Seth Kaller:</b> The "greatest of early American maps … a masterpiece" (Corcoran). Thomas Holme.
    <b>Seth Kaller:</b> Lincoln Summons His Cabinet for a Historic Meeting to Discuss Compensated Emancipation.
    <b>Seth Kaller:</b> Albert Einstein. Autograph Letter Signed. Einstein Counsels His Son ... Meaning of Life.
    <b>Seth Kaller:</b> Normal Rockwell. Painting/Drawing Signed. Rockwell's "Barbeshop Quartet", 1936.
    <b>Seth Kaller:</b> Frederick Douglass. Autograph Letter Signed to unknown correspondent. Washington, D.C.
    <b>Seth Kaller:</b> Harry Truman. Autograph Manuscript Notebook for Kansas City Law School Night Class.
    <b>Seth Kaller:</b> Robert E. Lee. Autograph Letter Signed, June 11, 1782. Hours after the Battle of Culpeper Court House, Lee Escapes Again.
    <b>Seth Kaller:</b> George Washington. Letter Signed, as Commander-in-Chief, Continental Army, to Elias Dayton, Headquarters, [Newburgh, N.Y.], June 11, 1782.

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