• Christie's: The first four Folios of William Shakespeare’s collected works will be auctioned on 25 May.
    Christie's: The first four Folios of William Shakespeare’s collected works will be auctioned on 25 May.
  • <b>ALDE May 24:</b> Lot 1. Silver coin (1455), celebrating expulsion of English people in 1451.<br>Est: € 12,000-20,000.
    <b>ALDE May 24:</b> Lot 7. Heures à l’usage de Coutances. Paris, last quarter of 15th century. Est: € 30,000-40,000.
    <b>ALDE May 24:</b> Lot 9.<br>TERENCE. Lyon, Jean Trechsel, 1493. Est: € 20,000-30,000.
    <b>ALDE May 24:</b> Lot 8. Biblia latina. Nuremberg, Anton Koberger, 1478. Est: € 20,000-30,000.
    <b>ALDE May 24:</b> Lot 11. [Francesco Colonna]. Hypnerotomachia Poliphili. Venise, Alde Manuce, December 1499. Est: € 150,000-200,000.
    <b>ALDE May 24:</b> Lot 14. Marco<br>Vigerio della Rovere. Decachordum christianum. Fano, Girolamo Socino, 1507. Est: € 15,000-20,000.
    <b>ALDE May 24:</b> Lot 18. CONSTANTIN VII. De notevoli et utilissimi ammæstramenti dell’agricoltura. Venise, Gabriele Giolito de Ferrari, 1542. Est: € 40,000-50,000.
    <b>ALDE May 24:</b> Lot 19. TITE-LIVE. Latinæ historiæ principis. Lyon, Sébastien Gryphe, 1548.<br>Est: € 15,000-20,000.
    <b>ALDE May 24:</b> Lot 38. OTTOMAN CORAN. 17th century by Muhammad Hafiz (Imam Mehmed Effendi).<br>Est: € 20,000-30,000.
    <b>ALDE May 24:</b> Lot 45. Blaise PASCAL. Pensées. Paris, Guillaume Desprez, 1670. Est: € 100,000-120,000.
    <b>ALDE May 24:</b> Lot 52. George EDWARDS. A Natural History of uncommon birds. London, the author, 1743-1751. Est: € 20,000-30,000
    <b>ALDE May 24:</b> Lot 59. Jean de LA FONTAINE. Fables choisies. Paris, Desaint & Saillant, Durand, 1755-1759. Est: € 40,000-50,000.
  • Old World Auctions (May 4): Lot 18. Blaeu, <i>Nova et Accuratissima Totius Terrarum Orbis Tabula</i>, 1660.<br>Est. $14000-$17000
    Old World Auctions (May 4): Lot 20. Pitt, <i>Nova Totius Terrarum Orbis Geographica ac Hydrographica Tabula</i>, 1680. Est. $9500-$11000
    Old World Auctions (May 4): Lot 65. Ortelius, <i>Americae sive Novi Orbis, Nova Descriptio</i>, 1571. <br>Est. $6000-$7000
    Old World Auctions (May 4): Lot 84. Bailleul, <i>L'Amerique Divisee en Ses Principales Parties</i>, 1752.<br>Est. $19000-$22000
    Old World Auctions (May 4): Lot 99. Sayer & Bennett, <i>The American Military Pocket Atlas</i>, 1776. <br>Est. $10000-$12000
    Old World Auctions (May 4): Lot 269. Reid, <i>Plan of the City of Washington in the Territory of Columbia</i>, 1796. <br>Est. $2750-$3500
    Old World Auctions (May 4): Lot 291. Carleton, <i>Map of Massachusetts Proper</i>, 1801. Est. $12000-$14000
    Old World Auctions (May 4): Lot 378. Keulen, <i>Pas Kaart vande Noord Oost Kust van Cuba en d'Oost Kust van Florida</i>, 1695. Est. $3250-$4000
    Old World Auctions (May 4): Lot 651. Ptolemy/Fries, <i>Tabula Superioris Indiae & Tartariae Maioris</i>, 1541.<br>Est. $3000-$4000
    Old World Auctions (May 4): Lot 688. Wit, <i>Nova Africa Descriptio</i>, 1660.<br>Est. $2750-$3500
    Old World Auctions (May 4): Lot 706. Ortelius, <i>Maris Pacifici</i>, 1589.<br>Est. $8000-$9000
    Old World Auctions (May 4): Lot 727. Audubon, <i>Least Stormy-Petrel</i>, 1836. Est. $1400-$1700
    Old World Auctions (May 4): Lot 741. Bordone, <i>Isolario</i>, 1547.<br>Est. $16000-$19000
    Old World Auctions (May 4): Lot 747. Teesdale, <i>A New General Atlas of the World</i>, 1835. Est. $2000-$2750
    Old World Auctions (May 4): Lot 752. Colton, <i>Colton's Atlas of the World Volume I and II</i>, 1856.<br>Est. $2500-$3250
    Old World Auctions (May 4): Lot 760. Prevost, <i>Histoire Generale des Voyages ... Tome Quatorzieme</i>, 1757. <br>Est. $2400-$3000
  • <b>Ketterer Kunst Hamburg, Rare Books Auction on May 23/24.</b>
    <b>Ketterer Rare Books, May Auction:</b> Mary Stuart. Ms. Parliament document (contemp. copy). 1567. <br>Est: € 2.000
    <b>Ketterer Rare Books, May Auction:</b> Latin and French Book of Hours. About 1480. Est: € 65.000.
    <b>Ketterer Rare Books, May Auction:</b> Book of Hours by Germain Hardouyn. 1533. Est: € 18.000
    <b>Ketterer Rare Books, May Auction:</b> G. P. Gallucci, Theatrum mundi. 1588. Est: € 5.000
    <b>Ketterer Kunst Hamburg, Rare Books Auction on May 23/24.</b>
    <b>Ketterer Rare Books, May Auction:</b> J. Hill, The vegetable system. 1761-75. Est: € 60.000
    <b>Ketterer Rare Books, May Auction:</b> <br>J. Honter, Rudimentorum cosmographicorum libri III. 1549.<br>Est: € 3.000
    <b>Ketterer Rare Books, May Auction:</b> Two terrestrial and celestial globes by J. G. Doppelmayr. 1789 or later. Est: € 40.000
    <b>Ketterer Rare Books, May Auction:</b> <br>G. de Maupassant, Contes choisies. 1891-92. Est: € 6.000
    <b>Ketterer Kunst Hamburg, Rare Books Auction on May 23/24.</b>
    <b>Ketterer Rare Books, May Auction:</b> <br>K. Schwitters, HahnePeter. 1924.<br>Est: € 6.000
    <b>Ketterer Rare Books, May Auction:</b> <br>I. G. Chernikhov, Arkhitekturnye fantazii. 1933. Est: € 3.000
    <b>Ketterer Rare Books, May Auction:</b> <br>E. Baj, La Cravate. 1972. Est: € 3.000
    <b>Ketterer Rare Books, May Auction:</b> <br>H. Bellmer & G. Bataille, Histoire de l'oeil. 1944. Est: € 3.000

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>Swann Auction Galleries May 5: Autographs</b>
    <b>Swann Auction Galleries May 5:</b> Anne & Margot Frank's copy of <i>Grimm's Fairy Tales</i>, in which Anne wrote her own and Margot's name, circa 1940. $20,000 to $30,000.
    <b>Swann Auction Galleries May 5:</b> Albert Einstein, group of 4 letters Signed to Helmut L. Bradt regarding Bradt's emigration to the U.S., one bearing Nazi censor ink stamps, 1939-40. $10,000 to $15,000.
    <b>Swann Auction Galleries May 5:</b> Archive of items from Ludwig Bemelmans to producer Mary K. Frank, concerning <i>The Street <br>Where the Heart Lies</i>, 1959-62. <br>$10,000 to $15,000.
    <b>Swann Auction Galleries May 5: Autographs</b>
    <b>Swann Auction Galleries May 5:</b> Archive of correspondence to<br>Edwin A. Van Valkenburg from President Theodore Roosevelt and members of his family, 1913-21. $6,000 to $9,000.
    <b>Swann Auction Galleries May 5:</b> Oscar Wilde, manuscript notes panning a book on book collecting, circa 1886. $5,000 to $7,500.
    <b>Swann Auction Galleries May 5:</b><br>John Hancock, partly-printed document Signed as Governor of Massachusetts, Boston, 1781.<br>$4,000 to $6,000.
    <b>Swann Auction Galleries May 5: Autographs</b>
    <b>Swann Auction Galleries May 5:</b> Franz Liszt, Autograph Letter<br>Signed to Carl Gille, Rome, 1869. $4,00 to $6,000.
    <b>Swann Auction Galleries May 5:</b> Joseph Conrad, photograph Signed and dated, 1918. $1,000 to $2,000.
    <b>Swann Auction Galleries May 5:</b><br>Two Guns White Calf, photograph postcard Signed with his pictogram, 1929. $800 to $1,200.
  • Bonhams Fine Books and Manuscripts, 8 June 2016, New York
    Bonhams June 8: ARISTOTLE.<br>384-322 B.C.E. De animalibus <br>US$ 300,000-500,000.
  • <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."

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