• <b>Swann Auction Galleries, Jan 26: Alphonse Mucha & Masters of Art Nouveau: The Harry C. Meyerhoff Collection</b>
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Princezna Hyacinta</i>, 1911. $15,000 to $20,000.
    <b>Swann Auction Galleries, Jan 26:</b><br><i>Les Maîtres de l'Affiche</i>, 5 volumes, Paris, 1896-1900.<br>$35,000 to $50,000.
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Job</i>, 1896.<br>$15,000 to $20,000.
    <b>Swann Auction Galleries, Jan 26: Alphonse Mucha & Masters of Art Nouveau: The Harry C. Meyerhoff Collection</b>
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Bleuze - Hadancourt Parfumeur</i>, circa 1899.<br>$15,000 to $20,000.
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Lygie</i>, 1901. $12,000 to $18,000.
    <b>Swann Auction Galleries, Jan 26:</b> Henri de Toulouse-Lautrec, <i>Babylone d'Allemagne</i>, 1894.<br>$30,000 to $40,000.
    <b>Swann Auction Galleries, Jan 26: Alphonse Mucha & Masters of Art Nouveau: The Harry C. Meyerhoff Collection</b>
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Zodiac / La Plume</i>, 1896. $15,000 to $20,000.
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>The Seasons</i>, 4 panels on silk, 1900.<br>$15,000 to $20,000.
    <b>Swann Auction Galleries, Jan 26:</b> Henri de Toulouse-Lautrec, <i>Aristide Bruant dans son Cabaret</i>, 1893. $20,000 to $30,000.
    <b>Swann Auction Galleries, Jan 26: Alphonse Mucha & Masters of Art Nouveau: The Harry C. Meyerhoff Collection</b>
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Monaco / Monte-Carlo</i>, 1897. $12,000 to $18,000.
    <b>Swann Auction Galleries, Jan 26:</b> Alphonse Mucha, <i>Medee / Sarah Bernhardt</i>, 1898. $12,000 to $18,000.
    <b>Swann Auction Galleries, Jan 26:</b> Henri de Toulouse-Lautrec, <i>Confetti</i>, 1894. $40,000 to $60,000.
  • <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>Seth Kaller:</b> “America the Beautiful”
    <b>Seth Kaller:</b> George Washington, Tongue-in-Cheek, Writes James McHenry About His Wife or Mistress—But Funding the Continental Army is the Real Topic
    <b>Seth Kaller:</b> Young’s Map of the United States
    <b>Seth Kaller:</b> President Lincoln & His Most Profitable Client, the Illinois Central Railroad
    <b>Seth Kaller:</b> Lincoln Thanks Former Pro-Slavery and Newly Republican Congressman for a Fiery Anti-Slavery Speech at a Philadelphia Campaign Rally
    <b>Seth Kaller:</b> “A Visit From St. Nicholas” - great association copy inscribed by Clement C. Moore
    <b>Seth Kaller:</b> Einstein Agrees to Allow “a Short Book on the Hydrogen Bomb” to Use His Statement Made on Eleanor Roosevelt’s TV Show
    <b>Seth Kaller:</b> The Building Blocks of Albert Einstein’s Creative Mind
    <b>Seth Kaller:</b> A Unique Manuscript Map of Block Island Sound Including Fisher’s and Gardiner’s Islands, the Hamptons, and Montauk Point
    <b>Seth Kaller:</b> J.R.R. Tolkien Writes his Proofreader with a Lengthy Discussion of the Lord of the Rings, Including Criticism of Radio Broadcasts of his Work
    <b>Seth Kaller:</b> Six Benjamin Franklin Signed Receipts – Including his Earliest Obtainable Autograph — Acknowledging a Donation to the Famous Library Company He Founded, and Five Payments for His Pennsylvania Gazette
    <b>Seth Kaller:</b> Sherman Dishes on Lincoln & Thomas, Meade, Sheridan, Halleck & Grant

Rare Book Monthly

Articles - June - 2010 Issue

L.A. Book Collector Wins Right to be a Collector, Not a Dealer

Hoppcase

Richard Hopp wins his appeal against the City of Los Angeles.


By Michael Stillman

You can fight city hall. Richard Hopp recently won a long and very strange legal dispute with the City of Los Angeles to be classified as a book collector, not a book dealer. He will not need to obtain a police permit, nor keep the detailed records required of booksellers in Los Angeles. What makes this case so odd is that Los Angeles ever attempted to make this case, and that the city came so close to winning it.

One has to assume that Los Angeles believed Mr. Hopp, a bail bondsman by trade, must be doing more than just collecting books. However, they had no evidence to back up any such beliefs. Odder still, they went to court against him without attempting to secure evidence he was selling books, or even making such a claim. It was as if a police officer, seeing you driving a shiny new sports car, assumed you must be speeding at times, and thereby ticketed you for going 30 miles per hour in a 30 mph zone. In court, they in effect argued that the law made it illegal to go within the speed limit as well as over it. Amazingly, the city won the first round in court. On appeal, Mr. Hopp, and common sense, prevailed.

Richard Hopp's troubles arose as a result of his unusual method of obtaining books. Most collectors purchase their books invisibly, visiting dealers, shows, garage sales and the like, or buying online. Mr. Hopp's style was far more open. He would advertise for books online and in print publications, and he would attend shows and set up a "buying booth." Most likely, the L.A. police looked at this activity and assumed no one could be buying in such a conspicuous manner without selling at least some of what he bought. They told him he needed a dealer's permit.

Mr. Hopp responded by taking the city to court. Rather than wait to get fined for not having a permit, he sought a "declaratory judgment," a court judgment which stated he did not need a permit. When the two sides appeared in court, the city still had no evidence that Mr. Hopp had ever sold a book. He explained that he purchased books and ephemera for his own collection, and items included in groups he bought that he did not want he gave to charity or discarded. Los Angeles then countered with its odd, legalistic argument - that it did not matter whether Mr. Hopp ever sold a book, he was still a dealer in the eyes of the law.

Many a legal case turns on something as small as a preposition, and in round one, the City of Los Angeles turned an "or" into a surprising legal victory. The Los Angeles ordinance that regulates "secondhand book dealers" defines such dealers as persons "engaging in, conducting, managing or carrying on the business of buying, selling, exchanging or otherwise dealing in secondhand books..." The magic word here is "or." Taken literally, the statute does not require that a dealer be buying and selling, buying or selling is sufficient argued the City. Mr. Hopp undeniably was buying. To make some sense out of why it was attempting to apply this wording so literally in Mr. Hopp's case, the City argued that purchasing books at events like flea markets provided an opportunity for petty thieves to fence stolen library and other books. Forcing public buyers such as Mr. Hopp to carefully account for their purchases would make it more difficult for thieves to fence their stolen merchandise.

The Court accepted the legalistic definition and ruled for Los Angeles, but Mr. Hopp was not ready to give in. He appealed. The Appeals Court took a broader look at the statute. Rather than focusing on the word "or" in the phrase "business of buying, selling, exchanging or otherwise dealing," it focused on the word "business."

The Appeals Court looked to other L.A. statutes which define a "business" as an occupation "which provides services, products or entertainment." It concluded that providing such things implies providing them to others. Mr. Hopp was providing nothing to anyone. Buying books and entertaining oneself by reading them hardly constitutes a "business," the Court concluded. It then went on to note that in other legal decisions courts have considered a "business" to be a commercial venture, one intended to produce a profit. There was no evidence or argument that Mr. Hopp was attempting to earn a profit through his activities. All that was shown was that he bought books and collected or donated/recycled them. That, the Court ruled, does not constitute a "business."

As for the City's argument that it needed to regulate public buyers such as Mr. Hopp to prevent fencing of stolen books, the Court stated that this suffered from the same logical shortcoming as the case in general. Part of fencing a book is selling it for a profit. There was no attempt at a profit in Mr. Hopp's activity. You can hardly prevent fencing by targeting people who do not resell the merchandise they buy.

We do not denigrate the seriousness of the challenge the police forces in L.A. and elsewhere face dealing with crime. Cutting off the market for stolen goods is a critical element to preventing goods from being stolen in the first place. Nevertheless, the rules must bear a reasonable relationship to the goals they seek to achieve. Ones that burden thousands of innocent people in the hope of finding an occasional crook are unreasonable impositions on people's ability to lead their lives free of constant intrusion. The City's interpretation of its statute could have subjected every book collector to burdensome and possibly costly requirements. Your child could be required to secure a police permit to collect comic books. This is not reasonable. Technically, this was a victory for Mr. Hopp, but in reality, it was a victory for all book collectors in Los Angeles, and even more importantly, a victory for common sense.

Rare Book Monthly

  • <b>Case Antiques: Winter Art and Antiques Auction. January 21, 2017</b>
    <b>Case Antiques Jan. 21:</b> Cassilly Adams, Civil War era watercolor on paper painting of the navy vessel upon which he was stationed: the U.S.S. Osage. $3,000 – 5,000
    <b>Case Antiques Jan. 21:</b> Audubon, John James and John Bachman, <i>The Quadrupeds of North America.</i> New York: V.G. Audubon, 1854. 3 volumes. $2,400 – 3,400
    <b>Case Antiques Jan. 21:</b> Roulstone, George. <i>LAWS OF THE STATE OF TENNESSEE.</i> Printed and published by George Roulstone, Knoxville, (Tennessee), 1803. $2,000 – 3,000
    <b>Case Antiques: Winter Art and Antiques Auction. January 21, 2017</b>
    <b>Case Antiques Jan. 21:</b> Heap, Gwin Harris. <i>CENTRAL ROUTE TO THE PACIFIC, FROM THE VALLEY OF THE MISSISSIPPI TO CALIFORNIA…</i> Philadelphia/London, 1854.<br>$1,800 – 2,200
    <b>Case Antiques Jan. 21:</b> FDR’s personal copy of <i>The Great Smoky Mountains"</i> by Laura Thornborough. Published by Thomas Y. Crowell Company, New York, 1937.<br>$1,500 – 1,800
    <b>Case Antiques Jan. 21:</b> Latour, Arsene Lacarriere. <i>HISTORICAL MEMOIR OF THE WAR IN WEST FLORIDA AND LOUISIANA IN 1814 – 1815. WITH AN ATLAS.</i> Philadelphia, 1816.<br>$1,200 – 1,500
    <b>Case Antiques: Winter Art and Antiques Auction. January 21, 2017</b>
    <b>Case Antiques Jan. 21:</b> [Kennedy Autograph Signature] Kennedy, John F. <i>Profiles in Courage.</i> New York Harper & Brothers, (1956).<br>$1,200 – 1,500
    <b>Case Antiques Jan. 21:</b> Sam Houston signed land document, granting Elias Riddle 100 acres in Bledsoe County, Tennessee "in the grassy cove…" dated February 22, 1828.<br>$1,000 – 1,200
    <b>Case Antiques Jan. 21:</b> "The State of Kentucky with Adjoining Territories" Map, by John Payne, engraved by John Scoles, published by John Low, New York, 1800. $500 – 700
    <b>Case Antiques: Winter Art and Antiques Auction. January 21, 2017</b>
    <b>Case Antiques Jan. 21:</b> Civil War era letter and 4 carte de visites, including Confederate Generals. $300 – 500
    <b>Case Antiques Jan. 21:</b> 12 Bank of East Tennessee Pre Civil War Bills. $350 – 450
    <b>Case Antiques Jan. 21:</b> 2 Early Homeopathy books by Alva Curtis. $300 – 400
  • <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> <i>The First American Magna Carta. English Liberties.</i> Boston, 1721.
    <b>19th Century Shop.</b> Babbage presentation to Peel, the man who killed the Difference Engine 1832
    <b>19th Century Shop.</b> The Stamp Act. 1765
    <b>Now in press: 19th Century Shop’s Catalog 170 Great Books and Photos. Please inquire for a copy.</b>
    <b>19th Century Shop.</b> Central Park Photographs by Prevost 1862
    <b>19th Century Shop.</b> Salem Witch Trials. Wonders of the Invisible World 1693
    <b>19th Century Shop.</b> Mammoth print of Millie-Christine, "The Carolina Twins" c. 1868
  • <b>Sotheby’s New York: Alexander Hamilton: An Important Family Archive of Letters and Manuscripts. January 18, 2017</b>
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton's Appointment as Aide-De-Camp to General George Washington. $150,000 – 250,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Correspondence about his reputation as a soldier and a gentleman nearly provoking a duel, 1779. $100,000 -150,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. The earliest surviving love letter from Hamilton to his future wife Elizabeth Schuyler. $40,000 – 60,000
    <b>Sotheby’s New York: Alexander Hamilton: An Important Family Archive of Letters and Manuscripts. January 18, 2017</b>
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph letter signed to Elizabeth Schuyler; a love letter that also announces the arrival of French General Rochambeau. $15,000 – 20,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph letter to Elizabeth Schuyler, announcing the treason of Benedict Arnold. $35,000 – 50,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph letter signed to Elizabeth Hamilton, announcing that the army is preparing to engage Cornwallis in Virginia. $30,000 – 50,000
    <b>Sotheby’s New York: Alexander Hamilton: An Important Family Archive of Letters and Manuscripts. January 18, 2017</b>
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph letter draft to John Jay, concerning his lawsuit against Lewis Littlepage and Henry Brockholst Livingston. $10,000 – 15,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph notes prepared for President Washington's third annual message to congress. $15,000 – 25,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. A prevously unrecorded autograph draft of Pacificus essay no. VI.<br>$300,000 – 500,000
    <b>Sotheby’s New York: Alexander Hamilton: An Important Family Archive of Letters and Manuscripts. January 18, 2017</b>
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Autograph letter draft to an unnamed recipient (but possibly Jeremiah Wadsworth), regarding the presidential election of 1796. $25,000 – 35,000
    <b>Sotheby’s New York Jan 18:</b><br>Philip Hamilton. Autograph letter signed to his father, Alexander Hamilton, ("Dear Papa"), discussing his schooling and his desire to be "a good man." $8,000 – 12,000
    <b>Sotheby’s New York Jan 18:</b> Alexander Hamilton. Two autograph memoranda, one with a diagram, planning the gardens at the grange. $15,000 – 25,000

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