• <b>Swann Auction Galleries Feb 4: Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Feb 4:</b> The Bay Psalm Book, previously unseen 7th edition of the first book printed in North America, Boston, 1693. $30,000 to $40,000.
    <b>Swann Auction Galleries Feb 4:</b><br><i>The Federalist: A Collection of Essays Written in Favour of the New Constitution</i>, first edition, two volumes, New York, 1788.<br>$90,000 to $120,000.
    <b>Swann Auction Galleries Feb 4:</b> Thomas Jefferson, <i>Notes on the State of Virginia</i>, first English edition, London, 1787. $25,000 to $35,000.
    <b>Swann Auction Galleries Feb 4: Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Feb 4:</b> William Rollinson, <i>Alexander Hamilton, Major General...Secretary<br>of the Treasury</i>, engraving, New York, 1804. $5,000 to $7,500
    <b>Swann Auction Galleries Feb 4:</b> <i>$100,000 Reward!</i>, letterpress broadside, Washington, 20 April 1865. $20,000 to $30,000.
    <b>Swann Auction Galleries Feb 4:</b><br>John André, <i>A Representation of Major John André...going from the Vulture Sloop of War</i>, aquatint, circa 1781. $15,000 to $25,000.
    <b>Swann Auction Galleries Feb 4: Printed & Manuscript Americana</b>
    <b>Swann Auction Galleries Feb 4:</b> Lewis Cresse, Manuscript journal of an early Cape May whaler, 1752-66. $8,000 to $12,000.
    <b>Swann Auction Galleries Feb 4:</b> Letterbook of Boston merchant<br>and Privateer agent Paschal Smith during the Revolution, Boston<br>and elsewhere, 1775-81.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Feb 4:</b><br>A group of four Autograph Letters Signed to Che Guevara from his father and Alberto & Tomas<br>Granado, 1954-55. $4,000 to $6,000.
  • <b>Bonhams Fine Books and Manuscripts, February 14th, 2016.</b>
    <b>Bonhams Feb 14th:</b> Lot 9. HIERONYMUS. C.340-420. <i>Epistolae. WITH: Lupus de Oliveto. Regula Monachorum ...</i> US$ 20,000-30,000.
    <b>Bonhams Feb 14th:</b> Lot 47. FROST, A.B. 1858-1921. Shooting Pictures. New York: Charles Scribner's Sons.<br>US$ 10,000-15,000.
    <b>Bonhams Feb 14th:</b> Lot 53. PICASSO, PABLO, RAOUL HAUSMANN, et al. ILIAZD, ed. Poesie de mots inconnus. 1949. US$ 8,000-12,000.
    <b>Bonhams Feb 14th:</b> Lot 64. BRIGGS, HENRY. 1561-1630. <i>The North Part of America</i>. [London: 1625]. Engraved by R. Elstracke. US$ 8,000-12,000.
    <b>Bonhams Feb 14th:</b> Lot 79. COPERNICUS, NICOLAUS. De revolutionibus orbium coelestium. 1566. US$ 80,000-120,000.
    <b>Bonhams Feb 14th:</b> Lot 80. DARWIN, CHARLES. On the Origin of Species by Means of Natural Selection, or the Preservation of ... US$ 70,000-90,000.
    <b>Bonhams Feb 14th:</b> Lot 87. NEWTON, ISAAC, SIR. Autograph Manuscript in Latin and English [n.p., early 1670s}. US$ 100,000-150,000
    <b>Bonhams Feb 14th:</b> Lot 93. Dr. Kary Mullis' 1993 Nobel Prize in Chemistry, awarded to him for the invention of the Polymerase Chain Reaction. US$ 450,000-550,000.
    <b>Bonhams Feb 14th:</b> Lot 96.<br>CLEMENS, SAMUEL. Autograph Manuscript, nearly complete chapter 30 of <i>A Tramp Abroad</i>, c.1879.<br>US$ 20,000-30,000.
    <b>Bonhams Feb 14th:</b> Lot 105. GOLF. [MATHISON, THOMAS. d.1754.]<br><i>The Goff</i>. An Heroi-Comical Poem.<br>US$ 40,000-60,000.
    <b>Bonhams Feb 14th:</b> Lot 113. JOYCE, JAMES. 1882-1941. <i>Ulysses</i>. First Edition, Presentation Copy, Signed and Inscribed by Joyce on the half-title. US$ 40,000-60,000.
    <b>Bonhams Feb 14th:</b> Lot 120. LONDON, JACK. Autograph Manuscript of the short story "Flush of Gold". <br> US$ 40,000-60,000.
    <b>Bonhams Feb 14th:</b> Lot 135. STEINBECK, JOHN. Autograph Manuscript of an unpublished short story. US$ 35,000-45,000.
    <b>Bonhams Feb 14th:</b> Lot 149. GERONIMO. BARRETT, S.M., ed. Geronimo's Story of His Life. 1906. US$ 12,000-18,000.
    <b>Bonhams Feb 14th:</b> Lot 165.<br>ENOLA GAY. LEWIS, ROBERT A. An official pilot's log, 1942 to 1946. US$ 50,000-80,000.
  • <b>Old World Auctions (Feb 3-17):</b><br>Lot 14. Blaeu,<i>Nova Totius Terrarum Orbis Geographica ac Hydrographica Tabula</i>, 1635. Est. $14000-$16000
    <b>Old World Auctions (Feb 3-17):</b><br>Lot 305. Arrowsmith, <i>Texas: The Rise, Progress, and Prospects of the Republic of Texas</i>, 1841. Est. $18000-$20000
    <b>Old World Auctions (Feb 3-17):</b><br>Lot 256. Thackara, <i>Plan of the City<br>of Washington in the Territory of Columbia</i>, 1792. Est. $13000-$16000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 188. Browne/Senex, A New<br>Map of Virginia Mary-land, 1719. <br>Est. $5500-$6500
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 47. Cellarius, <i>Scenographia Systematis Copernicani</i>, 1708.<br>Est. $2400-$3000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 6. Ortelius, <i>Typus Orbis Terrarum</i>, 1571. Est. $7000-$8500
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 413. De Medina, <i>Mundo Novo,</i> 1554. Est. $7000-$9000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 37. Jansson, <i>Histoire des Grands Chemins de l'Empire Romain</i>, 1736. Est. $3000-$3750
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 798. Le Rouge, <i>Atlas Nouveau Portatif a l'Usage des Militaires</i>, 1748. Est. $2400-$3000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 60. Munster, <i>Tabula Novarum Insularum</i>, 1559. Est. $5500-$7000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 122. Morden, <i>A New Map of the English Empire in America</i>, 1695. <br>Est. $14000-$16000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 291. J.J. Stoner, Niagara-Falls, <br>N.Y., 1882. Est. $1600-$1900
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 797. Sanson, <i>Die Gantze Erd-Kugel</i> ... Europa, Asia, Africa und America, 1679. Est. $8000-$10000
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 799. Lotter/Lobeck, Atlas Geographicus Portatilis, 1760.<br>Est. $1600-$1900
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 808. Railroad Companies, [<i>Manuscript Railroad Atlas</i>], 1890.<br>Est. $1000-$1500
    <b>Old World Auctions (Feb 3-17):</b> <br>Lot 800. Pinkerton, <i>A Modern Atlas</i>, 1815. Est. $8000-$10000

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>AUCTIONATA Feb 9th.</b> Lot 7. <br>W. Churchill, 'The Second World<br>War,' 6 Vols, 1st Edition, Signed.<br>Starting Bid $1,800.
    <b>AUCTIONATA Feb 9th.</b> Lot 9. <br>Cormac McCarthy, The Border Trilogy, 1st Editions, Signed, 1992-98. <br>Starting Bid $1,600.
    <b>AUCTIONATA Feb 9th.</b> Lot 26. <br>Sabre-Toothed Tiger Skull Cast. <br>Starting Bid $ 700.
    <b>AUCTIONATA Feb 9th.</b> Lot 29. Ariosto, [Opere] Orlando furioso…, 2 Vols, Venice, 1730. Starting Bid $2,000.
    <b>AUCTIONATA Feb 9th.</b> Lot 40. Goya, Complete "Los Caprichos," 5th Ed., Real Academia. Starting Bid $3,400.
    <b>AUCTIONATA Feb 9th.</b> Lot 42.<br>Gustav Klimt, "50 Handzeichnungen," Leipzig, 1922. Starting Bid $1,800.
    <b>AUCTIONATA Feb 9th.</b> Lot 43. Léon Bakst, 42 Tafeln und 6 Abbildungen, Berlin: Wasmuth, 1925. <br>Starting Bid $3,000.
    <b>AUCTIONATA Feb 9th.</b> Lot 62. Portfolio Revue Verve, Vols. I-X, Nos. 1-38, 1937-60. Starting Bid $9,000.
    <b>AUCTIONATA Feb 9th.</b> Lot 73. Ptloemas, Geographiae universae tum veteris, Peter Keschedt, 1597.<br>Starting Bid $280.00.
    <b>AUCTIONATA Feb 9th.</b> Lot 76.<br>G. F. Kunz, "The Book of the Pearl," Inscribed, New York, 1908.<br>Starting price $280.
    <b>AUCTIONATA Feb 9th.</b> Lot 81. NWA 8277 — Lunar Meteorite Slice, Sahara Desert. Starting Bid $1,600.
    <b>AUCTIONATA Feb 9th.</b> Lot 83. Benjamin Franklin; Sewel, The History of the Rise… Quakers, 1728. Starting Bid $2,000.
  • <b>19th Century Shop.</b> LINCOLN, ABRAHAM. <i>A superb collection of manuscripts signed by Lincoln and relics related to Lincoln’s death</i>. Washington, 1864-1865
    <b>19th Century Shop.</b> Rare Relic of the Underground Railroad (1857). <i>$500 Reward Ran away ...</i>
    <b>19th Century Shop.</b> CARTER, SUSANNAH. <i>The Frugal Housewife,</i> (1772) the second American cookbook, plates by Paul Revere.
    <b>19th Century Shop.</b> SCHIRRA, WALTER M.. Icon of the American Space Program. <i>A Complete Set of Schirra’s Flight Log Books (1947-69).</i>
    <b>19th Century Shop.</b> A fine pair of daguerreotypes, one a black nurse holding a white baby, the other the white parents. Maryland, c. 1853.
    <b>19th Century Shop.</b> The Internet. (COMPUTERS.) CERF, VINTON & KAHN, ROBERT. <i>"A Protocol for Packet Network Intercommunication" in IEEE Transactions on Communications.</i>

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