• <b>Potter & Potter Auctions, July 8: Rare Books & Manuscripts</b>
    <b>Potter & Potter Auctions July 8:</b><br> Walter Gibson's Complete Run of The Shadow. 48 bound volumes, 1931-44. $8,000-12,000
    <b>Potter & Potter Auctions July 8:</b><br> Frederic Shoberl, The World in Miniature: Hindoostan. 6 volumes. $2,000-4,000
    <b>Potter & Potter Auctions July 8:</b><br> A Rare Copy of the Earliest Chicago Newspaper to Report on the Great Fire of 1871. $6,000-8,000
    <b>Potter & Potter Auctions, July 8: Rare Books & Manuscripts</b>
    <b>Potter & Potter Auctions July 8:</b><br> Broadside Proclamation by Mayor Roswell B. Mason for the Preservation of Good Order Following the Great Fire of 1871. Chicago. $4,000-6,000
    <b>Potter & Potter Auctions July 8:</b><br> Peter Force Engraving of the Declaration of Independence. One page. Scarce and highly collectable. $15,000-20,000
    <b>Potter & Potter Auctions July 8:</b><br> John Quincy Adams. The Jubilee of the Constitution. A Discourse. First edition. Inscribed. 1839. $3,000-5,000
    <b>Potter & Potter Auctions, July 8: Rare Books & Manuscripts</b>
    <b>Potter & Potter Auctions July 8:</b><br> Cuban Revolution: Expedicion y Desembarco del “Granma.” Havana, ca. 1959. With portraits of the Castro brothers & Che Guevara. $150-250
    <b>Potter & Potter Auctions July 8:</b><br> Osuna Ramos. A group of 28 photographs of the Mexican Revolution & aftermath in Mexico City, 1910-1920. 4½ x 6”. $400-600
    <b>Potter & Potter Auctions July 8:</b><br> Charles Bukowski. Hot Water Music. First edition with original signed painting. 1983. $2,000-4,000
    <b>Potter & Potter Auctions, July 8: Rare Books & Manuscripts</b>
    <b>Potter & Potter Auctions July 8:</b><br> Alan Ginsberg. Five Page Autographed Letter. Signed. February 10, 1971. $3,000-5,000
    <b>Potter & Potter Auctions July 8:</b><br> Andy Warhol’s Children’s Book. Featuring 12 color illustrations. Signed 5 times. 1983. $5,000-7,000
    <b>Potter & Potter Auctions July 8:</b><br> Albrecht Durer. The Martyrdom Saint John the Evangelist. Woodcut, 1511 edition. $1,000-2,000
  • <b>Swann Auction Galleries: Inviting Quality Consignments</b>
    <b>Swann Auction Galleries Mar 30:</b> Carte-de-visite album featuring a previously unrecorded image of Harriet Tubman, 1860s. Sold for $161,000.
    <b>Swann Auction Galleries Jun 7:</b> Hovhannes Amira Dadian, first world atlas in Armenian, Venice, 1849. Sold for $37,500.
    <b>Swann Auction Galleries May 16:</b> T.E. Lawrence, <i>Seven Pillars of Wisdom</i>, privately printed edition, inscribed, London, 1926. Sold for $62,500.
    <b>Swann Auction Galleries: Inviting Quality Consignments</b>
    <b>Swann Auction Galleries, Feb 14:</b> 22 large-format photographs from NASA missions, 1965-84. Sold for $43,750.
    <b>Swann Auction Galleries Mar 21: </b> Charles M. Schulz, <i>Here Comes the Big Polar Bear</i>, pen & ink, 4-panel Peanuts comic strip, 1957. Sold for $12,500.
    <b>Swann Auction Galleries May 4:</b> Elliott Erwitt, photograph of JFK & Eisenhower, signed by both, 1960. Sold for $32,500.
    <b>Swann Auction Galleries: Inviting Quality Consignments</b>
    <b>Swann Auction Galleries, Mar 9:</b> John Milton, <i>Paradise Lost</i>, first edition, London, 1668. Sold for $22,500.
    <b>Swann Auction Galleries Mar 30:</b> Frederick Douglass, Autograph Letter Signed to George Alfred Townsend, Washington, 1880. Sold for $100,000.
    <b>Swann Auction Galleries, Jan 26:</b> <i>Les Maîtres de l'Affiche</i>, 5 volumes, Paris, 1896-1900. Sold for $47,500.
    <b>Swann Auction Galleries: Inviting Quality Consignments</b>
    <b>Swann Auction Galleries May 16:</b> James Joyce, <i>Ulysses</i>, first edition, number 724 on handmade paper, Paris, 1922. Sold for $33,750.
    <b>Swann Auction Galleries, Mar 9:</b> Single leaf of the Gutenberg Bible, Mainz, 1455, in a copy of Newton's <i>A Noble Fragment</i>. Sold for $52,500.
    <b>Swann Auction Galleries Apr 27:</b> The Book of Mormon, first edition, Palmyra, NY, 1830. Sold for $52,500.
  • <b>Pierre Bergé and Associés in association with Sotheby’s:<br>De la musique avant toute chose… June 28, 2017</b>
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Roland de Lassus. [Songs and madrigals]. Album gathering three collections of secular music for tenor. 15.000-20.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Richard Wagner. <i>Die Meistersinger von Nürnberg.</i> Original edition corrected and annotated by Wagner. 60.000-80.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Claude Debussy. <i>La Damoiselle élue</i>. Lyrical poem, after D.-G. Rossetti. Limited edition of 160 copies. 6.000-8.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s:<br>De la musique avant toute chose… June 28, 2017</b>
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Stéphane Mallarmé. Handwritten notebook made by Geneviève Mallarmé. No place or date [circa 1910]. 10.000-15.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Henri Sauguet. <i>Les Forains</i>. Ballet. Reduction for piano. Original edition. 20.000-30.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Athanasius Kircher. <i>Musurgia Universalis sive Ars Magna Consoni et Dissoni in X. Libros digesta.</i> 1650. 30.000-40.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s:<br>De la musique avant toute chose… June 28, 2017</b>
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> François Villon, & Clément Marot. <i>Les Œuvres de François Villon de Paris, Reviewed and gathered by Clement Marot.</i> 15.000-20.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Rainer Maria Rilke. <i>Larenopfer</i> (Offrande aux dieux Lares). The second collection of Rainer Maria Rilke, containing ninety poems. 6.000-8.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Paul Éluard. <i>Capitale de la douleur.</i> One of the most beautiful poetic collections from the first surrealist wave. 15.000-20.000 €
    <b>Pierre Bergé and Associés in association with Sotheby’s, Jun 28:</b> Pierre de Ronsard. <i>Les Amours</i> ... newly augmented by him, and commented by Marc Antoine de Muret. 40.000-60.000 €
  • <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

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>Bonhams London: Fine Books, Atlases, Manuscripts and Photographs. June 14, 2017</b>
    <b>Bonhams Jun 14:</b> Ireland - Patrick Pearse & The Easter Rising. The Order of Surrender, typed and signed (“P. H. Pearse”) and dated, 1916. £80,000 to £120,000
    <b>Bonhams Jun 14:</b> Portolan chart of the Mediterranean, centered on Sicily. Manuscript on vellum, 1637. £40,000 to £60,000
    <b>Bonhams Jun 14:</b> Goya Y Lucientes (Francisco José de). [Tauromaquia] <i> De las diferentes suertes y actitudes del arte de lidiar los toros…</i> 33 etched and aquatint plates. £15,000 to £20,000
    <b>Bonhams London: Fine Books, Atlases, Manuscripts and Photographs. June 14, 2017</b>
    <b>Bonhams Jun 14:</b> Magna Carta. Engraved Facsimile of the 1215 Magna Carta, engraved by John Pine and printed on vellum, 1733. £10,000 to £15,000
    <b>Bonhams Jun 14:</b> Swift (Jonathan). <i> Travels into Several Remote Nations of the World ... by Lemuel Gulliver</i>, 4 parts in 2 vol., first edition, Teerink's "A" edition, 1726. £10,000 to £15,000
    <b>Bonhams Jun 14:</b> Darwin (Charles), Robert Fitzroy and Philip Parker King. <i>Narrative of the Surveying Voyages of His Majesty's Ships Adventure and Beagle, Between the Years 1826 and 1836…</i>, 1839. £10,000 to £15,000
    <b>Bonhams London: Fine Books, Atlases, Manuscripts and Photographs. June 14, 2017</b>
    <b>Bonhams Jun 14:</b> Rackham (Arthur). Cinderella, in rags, standing at a window, within a framework of mice, mystical creatures and plants, from "Cinderella", [1919]. £8,000 to £12,000
    <b>Bonhams Jun 14:</b> Royal Family - St George's Chapel and Princess Charlotte. Papers of John Fisher, successively Bishop of Exeter and Bishop of Salisbury, overseer of the redecoration of St George's Chapel… £8,000 to £10,000
    <b>Bonhams Jun 14:</b> Hemingway (Ernest). <i>Fiesta [The Sun Also Rises]</i>, first English edition, Jonathan Cape, [September 1927]. £6,000 to £8,000
    <b>Bonhams London: Fine Books, Atlases, Manuscripts and Photographs. June 14, 2017</b>
    <b>Bonhams Jun 14:</b> Barlaeus (Caspar). <i> Rerum per octennium in Brasilia</i>, first edition, Amsterdam, Joannes Blaeu, 1647. £6,000 to £8,000
    <b>Bonhams Jun 14:</b> Repton (Humphry and J. Adey). <i>Fragments on the Theory and Practice of Landscape Gardening…</i>, first edition, 1816. £5,000 to £7,000
    <b>Bonhams Jun 14:</b> United States - Photography. "360 Photos of American Scenery. Collected by Norman Selfe on the Spots Represented in 1884", [1880s]. £4,000 to £6,000
  • <b>Cowan’s Auctions: An Eclectic Collection: The Library of the Late Dr. Ivan Gilbert of Columbus.<br>June 5-26</b>
    <b>Cowan’s, June 5-26:</b> [Voyages and Travel] Churchill's Voyages 1732 - Complete in 6 Volumes.<br>$5,000 - $7,500.
    <b>Cowan’s, June 5-26:</b> [Illustrated] Alice by Salvador Dali, Signed and Limited. $3,000 - $5,000
    <b>Cowan’s, June 5-26:</b> [Literature] The Little Prince - Signed/Limited First French Edition, 1943; #61 of 260. $5,000 - $7,500
    <b>Cowan’s Auctions: An Eclectic Collection: The Library of the Late Dr. Ivan Gilbert of Columbus.<br>June 5-26</b>
    <b>Cowan’s, June 5-26:</b> [Literature] Gone With The Wind, 1st in DJ, May, 1936. $1,500 - $2,500
    <b>Cowan’s, June 5-26:</b> [Literature - Modern Firsts] Rare Henry Miller, Tropic of Cancer, Obelisk Press Paris - 1934. $2,000 - $3,000
    <b>Cowan’s, June 5-26:</b> [[Sporting - Fishing] Rare - Lee Sturges, Salmon Fishing New Brunswick, 1 of 50 Printed - 7 Original Etchings.<br>$4,000 - $6,000
    <b>Cowan’s Auctions: An Eclectic Collection: The Library of the Late Dr. Ivan Gilbert of Columbus.<br>June 5-26</b>
    <b>Cowan’s, June 5-26:</b> [Voyages and Travel - Maritime] Rare Ledyard Account of Cook's Last Voyage, 1783 Hartford, Howes "d".<br>$10,000 - $15,000
    <b>Cowan’s, June 5-26:</b> [Illustrated - Maxfield Parrish] Knave of Hearts, Scribner's, 1st Hardback Edition, 1925 Parrish Illustrations.<br>$750 - $1,000
    <b>Cowan’s, June 5-26:</b> [Bible - Illustrated - Cartography) Massive Dutch Bible, 1682, Contemporary Colored Maps, Working Brass Clasps. $2,500 - $3,500
    <b>Cowan’s Auctions: An Eclectic Collection: The Library of the Late Dr. Ivan Gilbert of Columbus.<br>June 5-26</b>
    <b>Cowan’s, June 5-26:</b> [Women Suffrage - Civil Rights - Autographs] A Unique Extra-Illustrated Life of Susan B. Anthony. $15,000 - $20,000
    <b>Cowan’s, June 5-26:</b> [18th Century French Manuscript] Unpublished History of Belle-Isle-En-Mer, 1754 With Watercolor Illustration.<br>$10,000 - $15,000
    <b>Cowan’s, June 5-26:</b> [Illustrated - Children's - Movable] Wonderful 19th Century Lothar Meggendorfer Moveable Book. $750 - $1,000

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