• <b>Bonhams: History of Science and Technology. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> EINSTEIN, ALBERT. <i>Die Grundlage der allgemeinen Relativitätstheorie.</i> Leipzig: Johann Ambrosius Barth, 1916.<br>$80,000 – 120,000
    <b>Bonhams Dec. 7:</b> NEWTON, ISAAC. Autograph Manuscript in English, Signed Integrally ("Isaac Newton"). $50,000 – 70,000
    <b>Bonhams Dec. 7:</b> DARWIN, CHARLES. <i>On the Origin of Species by Means of Natural Selection, or the Preservation of Favoured Races in the Struggle for Life</i>. London: John Murray, 1859. $25,000 – 35,000
    <b>Bonhams: History of Science and Technology. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> NEWTON, ISAAC. <i>The Mathematical Principles of Natural Philosophy.</i> London: Benjamin Motte, 1729.<br>$20,000 – 30,000
    <b>Bonhams Dec. 7:</b> HEISENBERG, WERNER. Autograph Manuscript entitled "<i>Entwicklung der Theorie der Elementarteilche,</i>” [1964].<br>$15,000 – 25,000
    <b>Bonhams Dec. 7:</b> BERNOULLI, DANIEL. <i>Hydrodynamica, sive De viribus et motibus fluidorum commentarii.</i> Strasbourg: Johann Heinrich Decker for Johann Reinhold Dulsecker, 1738. $5,000 – 7,000
    <b>Bonhams: Voices of the 20th Century. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> [TARKOVSKY, ANDREI ARSENIEVICH.] STRUGATSKY, BORIS AND ARKADY. Typed Manuscript for <i>Stalker</i>, being the director's working script, 1977. $150,000 – 200,000
    <b>Bonhams Dec. 7:</b> HEMINGWAY, ERNEST. Typed Manuscript of "Marlin Off the Morro: A Cuban Letter," n.p., [1933]. $30,000 – 50,000
    <b>Bonhams Dec. 7:</b> SALINGER, JEROME DAVID. 4 Autograph Letters, 2 of which Signed ("Jerry") and 6 Typed Letters, 2 of which Initialed ("J"). $30,000 – 50,000
    <b>Bonhams: Voices of the 20th Century. December 7, 2016</b>
    <b>Bonhams Dec. 7:</b> PASTERNAK, BORIS LEONIDOVICH. Typed Manuscript Carbon, "Doktor Zhivago," with some typed corrections, Moscow, 1948. $30,000 – 50,000
    <b>Bonhams Dec. 7:</b> MILNE, ALAN ALEXANDER. Autograph Manuscript Signed 3 times ("A.A. Milne"), entitled "Peace with Honour: An Enquiry into the War Convention," 1934.<br>$30,000 – 50,000
    <b>Bonhams Dec. 7:</b> FROST, ROBERT. Autograph Manuscript Signed ("Robert Frost"), titled "Gold for Christmas," 1952. $15,000 – 20,000
  • <b>Swann Auction Galleries Dec 8:<br>Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Dec 8:</b> Laurie & Whittle, <i>The Complete East-India Pilot</i>, with 113 maps, London, 1797. $40,000 to $60,000.
    <b>Swann Auction Galleries Dec 8:</b> George W. Browning, 134 sketches of natural history & landscape subjects, American West, 1880s-90s.<br>$4,000 to $6,000.
    <b>Swann Auction Galleries Dec 8:</b> Catesby & Ehret, <i>Magnolia Grandiflora</i>, from first edition <i>Natural History of Carolina</i>, London, 1731-43. $5,000 to $7,000.
    <b>Swann Auction Galleries Dec 8:<br>Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Dec 8:</b> Petrus Plancius, <i>The Spice Map</i>, hand-colored, London, 1598.<br>$20,000 to $30,000.
    <b>Swann Auction Galleries Dec 8:</b><br>John Miller, <i>Illustratio Systematis Sexualis Linnaei</i>, London, 1770-77. $15,000 to $20,000.
    <b>Swann Auction Galleries Dec 8:</b> Thomas Shotter Boys, <i>Original Views of London As It Is</i>, de luxe issue, 26 hand-colored lithographs, London, 1842. $5,000 to $7,500.
    <b>Swann Auction Galleries Dec 8:<br>Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Dec 8:</b> Frederick de Wit, <i>Belgi XVII Provinciarum Tabula</i>, true first state wall map, Amsterdam, ca 1670. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 8:</b><br>John James Audubon, <i>Passenger Pigeon, Plate LXII</i>, aquatint & engraving before color, London, 1829. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 8:</b> Joannes Clericus, <i>Atlas Atiquus, Sacer, Ecclesiasticus et Profanus</i>, Amsterdam, 1705. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 8:<br>Maps & Atlases, Natural History & Color Plate Books</b>
    <b>Swann Auction Galleries Dec 8:</b> Matthaus Seutter, <i>Atlas Novus sive Tabulae Geographicae totius Orbis</i>, Augsburg, ca 1735.<br>$10,000 to $15,000.
    <b>Swann Auction Galleries Dec 8:</b> William Roscoe, <i>Monandrian Plants of the Order Scitamineae</i>, Liverpool, 1824-28. $20,000 to $30,000.
    <b>Swann Auction Galleries Dec 8:</b><br>John James Audubon, <i>The Mocking Bird</i>, hand-colored aquatint & engraving, London, 1827.<br>$7,000 to $10,000.
  • <b>19th Century Shop.</b> CURTIS, EDWARD. <i>Original glass plate photograph, Honovi – Walpi Snake Priest, prepared by Curtis for the printing of The North American Indian</i>, c.1910
    <b>19th Century Shop.</b> (AMERICAN WEST.), Watkins, Taber, Savage, and others. <i>Magnificent Album of Mammoth Photographs of the American West, with other subjects various</i>, ca. 1865-1880s
    <b>19th Century Shop.</b> DARWIN, CHARLES. <i>Darwin Family Photograph Album</i>. Down, Kent, 1871-1879
    <b>19th Century Shop.</b> (SECRET SERVICE). <i>The photographic archive, papers, and relics of William Kennoch, Secret Service Agent</i>. Various places, 1870s and 1880s
    <b>19th Century Shop.</b> (AMERICAN REVOLUTION). <i>Daguerreotype Portrait of Baltus Stone, the earliest photo of a Revolution veteran,</i> 1846

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>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Dec. 15: </b> Lot 200.<br>The North American Indian, vol.I-XIII. £60,000-80,000
    <b>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 202. Geronimo - Apache. £600-800
    <b>Bloomsbury Dec. 15: </b> Lot 225.<br>A Chief of the Desert - Navaho. £1000-1500
    <b>Bloomsbury Dec. 15: </b> Lot 267.<br>An Oasis in the Bad Lands. £600-800
    <b>Bloomsbury Auctions: Edward S. Curtis' The North American Indian. December 15, 2016</b>
    <b>Bloomsbury Dec. 15: </b> Lot 303.<br>The Scout in Winter - Apsaroke. £800-1200
    <b>Bloomsbury Dec. 15: </b> Lot 320.<br>Sitting Bear - Arikara. £500-700
    <b>Bloomsbury Dec. 15: </b> Lot 475. <br>A Nakoaktok Chief's Daughter. <br>£600-800
  • <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> Albert Einstein. Autograph Letter Signed. Einstein Counsels His Son ... Meaning of Life.
    <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, 1863. 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.
  • <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [ARTILLERY]. KITCHEN, D.C. <i>Record of the Wyoming Artillerists.</I> Tunkhannock, Pennsylvania: Alvin Day Printer, 1874. $2,000-4,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> UNITED STATES AND MEXICAN BOUNDARY COMMISSION. EMORY, William Hemsley. <i>Report of the United States and Mexican Boundary Survey, Made under the Direction of the Secretary of the Interior…</i><br>$3,000-6,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> RICHARDSON, William H. <i>Journal of William H. Richardson, a Private Soldier in the Campaign of New and Old Mexico…</i>. Baltimore: John H. Woods, 1848. $3,000-6,000
    <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> GARCÍA CONDE, Pedro. <i>Carta geografica general de la Republica Mexicana…</i> $30,000-60,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> EMORY, William Hemsley. <i>Map of Texas and the Countries Adjacent: Compiled in the Bureau of the Corps of Topographical Engineers; From the Best Authorities…</i> [Washington, 1844]. $7,500-15,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> THORPE, Thomas Bangs. <i>Our Army at Monterey. Being a Correct Account of the Proceedings and Events which Occurred to the “Army of Occupation”…</i> Philadelphia, 1847. $400-800
    <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> <i>The Rough and Ready Songster: Embellished with Twenty-Five Splendid Engravings, Illustrative of the American Victories in Mexico…</i> New York; St. Louis, Mo [ca. 1848].<br>$500-1,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> CURRIER, Nathaniel (publisher). <i>The Brilliant Charge of Capt. May At the Battle of Resaca de la Palma (Palm Ravine) 9th of May…</i> $150-300 
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [RINGGOLD, SAMUEL]. WYNNE, James. <i>Memoir of Major Samuel Ringgold, United States Army: Read Before the Maryland Historical Society, April 1st, 1847.</i> Baltimore, 1847. $500-1,000
    <b>Dorothy Sloan Rare Books:<br>La Invasíon Norteamericana and the Mexican-American War.<br>December 15 & 16, 2016</b>
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [TAYLOR, ZACHARY]. <i>Life of General Taylor from the Best Authorities.</i> New York: Nafis and Cornish; St. Louis, Mo.: Nafis, Cornish & Co., 1847.<br>$500-1,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> TILDEN, Bryant Parrott, Jr. <i>Notes on the Upper Rio Grande, Explored in the Months of October and November, 1846, on Board the U.S. Steamer Major Brown…</i> Philadelphia, 1847.<br>$5,000-10,000
    <b>Dorothy Sloan Books Dec. 15 & 16:</b> [WORTH, WILLIAM J.]. <i>Life of General Worth; To Which is Added a Sketch of the Life of Brigadier-General Wool.</i> New York: Nafis & Cornish; St. Louis, Mo.: Nafis, Cornish & Co., 1847.<br>$200-400
  • <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Excessively Rare Benjamin Franklin Imprint. Estaugh (John). <i>A Call to the Unfaithful Professors of Truth</i>, Philadelphia: Printed by B. Franklin, 1744. €7,000 – 10,000
    <b>Fonsie Mealy Dec. 13:</b> Original Signed Volume from the Dean Swift's Library. [Swift (Dr. Jonathan)] Grotius (Hugo). <i>De Jure Belli ac Pacis Libri Tres</i>, Amsterdam: (J. Blaeu) 1670. €10,000 – 15,000
    <b>Fonsie Mealy Dec. 13:</b> Cresswell (Samuel Gurney). <i>A Series of Eight Sketches in Colour; together with a Coloured Map of the Route</i>, London: (Day & Son) July 25, 1854.<br>€15,000 – 20,000
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Of Legendary Rarity - First Printing of Shakespeare Outside England. Shakespeare (Wm.). <i>The Works of Shakespeare</i> In Eight Volumes. Dublin: 1726.<br>€7,000 – 10,000
    <b>Fonsie Mealy Dec. 13:</b> Lewin (W.). <i>The Birds of Great Britain</i>, 8 vols in 4, with 335 hand-coloured plates, 1795 – 1801. €1,500 – 2,000
    <b>Fonsie Mealy Dec. 13:</b> 18th Century Manuscript Relating to Massachusetts Bay, c. 1750.<br>€350 – 500
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Alexander (Wm.). <i>Picturesque Representations of The Dress and Manners of the Chinese</i>, with 50 hand-coloured plates, 1814. €600 – 800
    <b>Fonsie Mealy Dec. 13:</b> Manuscript Estate Atlas - Neville (Arthur Richard). <i>The Estate of Sir John Coghill Bart</i>, 1791. €10,000 – 15,000
    <b>Fonsie Mealy Dec. 13:</b> Unique Collection of Ballads by Brendan Behan Behan. €3,000 – 4,000
    <b>Fonsie Mealy Auctioneers: Rare Books, Literature, Manuscripts, Maps & Works of Art. December 13, 2016</b>
    <b>Fonsie Mealy Dec. 13:</b> Original Manuscript of Edith Somerville's Unpublished Children's Book. Somerville (Edith). <i>GROWLY-WOWLY. Or, The Story of the Three Little Pigs</i>. €3,500 – 5,000
    <b>Fonsie Mealy Dec. 13:</b> Full Set of Cuala Press Broadsides with fine hand-coloured illustrations by Jack B. Yeats, 1908 – 1915. €4,000 – 6,000
    <b>Fonsie Mealy Dec. 13:</b> Eyzinger (Michael). <i>Ad Leonis Belgici Topographicam atque Historicam Descriptionem</i>, [Cologne:] 1586. €3,000 – 4,000

Article Search

Archived Articles

Ask Questions