• <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 Early Unpublished Darwin letter on the races of man.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."
  • <b>Bonhams Fine Books and Manuscripts, 8 June 2016, New York</b>
    <b>Bonhams June 8:</b> Lot 1. ARISTOTLE. 384-322 B.C.E. De animalibus [De historia animalium. De partibus animalium. De generatione animalium.] US$ 300,000-500,000.
    <b>Bonhams June 8:</b> Lot 44. ARIOSTO, LUDOVICO. 1474-1533. Orlando Furioso in English Heroical Verse, by John Haringto[n]. [London: Richard Field, 1591.] US$ 70,000-90,000.
    <b>Bonhams June 8:</b> Lot 183. HARRISON, William Henry. Document Signed AS PRESIDENT ("W.H. Harrison"). US$ 40,000-60,000.
    <b>Bonhams June 8:</b> Lot 116. <br>ALI, MUHAMMAD. B.1942. U.S. Passport Signed ("Muhammad Ali") Twice, [Dublin, July 19, 1972].<br>US$ 25,000-35,000.
    <b>Bonhams June 8:</b> Lot 52. Bible In English. [Mearne, Samuel, binder.] The Holy Bible containing the bookes of the Old & New Testament. US$ 25,000-35,000.
    <b>Bonhams June 8:</b> Lot 130. EARHART, Amelia. 1897-1937. Archive of material on the purchase and outfitting of Earhart's Lockheed Electra 10e. US$ 15,000-20,000.
    <b>Bonhams June 8:</b> Lot 85. BURTON, Virginia Lee. 1909-1968. The Little House. Boston: Houghton Mifflin, 1942. US$ 15,000-20,000.
    <b>Bonhams London June 15.</b> Lot 68. CAMERON (Julia Margaret) Kate Keown [No. 5 Of Series of Twelve Lifesized Heads], [1866]. <br>£30,000-50,000.
    <b>Bonhams London June 15.</b> Lot 98. Karl Marx. Das Kapital. Kritik der politischen Oekonomie... Erster Band, FIRST EDITION, 1867.<br>£80,000-120,000.
    <b>Bonhams London June 15.</b> Lot 111. Isaac Newton Autograph manuscript, in English, headed "The Question stated about abstaining from blood". £50,000-70,000.
    <b>Bonhams London June 15.</b> Lot 112. Nobel Prize for discovering isotopes in stable elements, awarded to F.W. Aston in 1922. £200,000-400,000.
    <b>Bonhams London June 15.</b> Lot 140. Kay Nielsen (Prince Bismarck discovering the soldier), 1913. £15,000-20,000.
  • <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> Lincoln Summons His Cabinet for a Historic Meeting to Discuss Compensated Emancipation.
    <b>Seth Kaller:</b> Albert Einstein. Autograph Letter Signed. Einstein Counsels His Son ... Meaning of Life.
    <b>Seth Kaller:</b> Normal Rockwell. Painting/Drawing Signed. Rockwell's "Barbeshop Quartet", 1936.
    <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, 1782. 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>Jeschke Van Vliet Berlin May 27:</b><br>Lot 552. Zoologie. Merian, Maria Sibylla. De Europische insecten ... Estimate 32000 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 32. (Horae beatae maria virginis.)-(Hours for use of Paris) presented a lusaige hours of Paris. Gedrucktes Stundenbuch auf Pergament. Estimate 10000 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 15. Inkunabeln. Curtius Rufus, Quintus. Third known edition.<br>Estimate 7000 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 145. Atlanten - China. Philippe Vandermaelen. Atlas Universel de Géographie Physique, Politique, Statistique et Minéralogique. Estimate 6000 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 144. Atlanten. Seutter, Matthäus. Nordenskiöld 283. Phillips 3494. Estimate 4500 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 864. Mulinari, Stefano. Disegni originali d'eccellenti pittori esistenti nella Real Galleria ... <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 864. Mulinari, Stefano. Disegni originali d'eccellenti pittori e
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 29. Reisch, Gregor. Margarita philosophica (with a (m ) addition new timber. Estimate 3000 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 37. Antiphonar. Proprium Officium Defuntoru. Ad versperas. Ana. Estimate 2500 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 11. Einbände. Fünf Werke der lateinischen Klassik. Amsterdam, Blaeu 1630-1632. Estimate 1800 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 87. Zirardini, Gaetano Conte. Comparazione fra le luminose gesta dell'imperatore Carlo V. con quelle dell'imperatore Francesco I. d'Austria. Estimate 1500 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 432. Fische. Couch, Jonathan. A history of the fishes of the British Islands. 4 Bde. Mit 252 handkolor. Estimate 1200 €.
    <b>Jeschke Van Vliet Berlin May 27:</b><br>Lot 950. Arp, Hans. Mondsand. Gedichte. Mit 7 Original-Radierungen von Hans Arp. Estimate 1200 €.

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

  • http://catalogue.swanngalleries.com/asp/searchresults.asp?sale_no=2419&st=D&viewby=lot_asc&ps=25&pg=1
    <b>Swann Auction Galleries June 14:</b> Lewis Carroll, <i>Alice's Adventures</i>, illustrated & signed by Salvador Dalí, New York, 1969. <br>$12,000 to $18,000.
    <b>Swann Auction Galleries June 14:</b> David Roberts, <i>The Holy Land</i>, 6 volumes, London, 1842-49. <br>$35,000 to $50,000.
    <b>Swann Auction Galleries June 14:</b> Arthur Szyk, <i>The Szyk Haggadah</i>, edited by Cecil Roth, first edition, signed, London, 1939. <br>$15,000 to $25,000.
    <b>Swann Auction Galleries June 14:</b> William Shakespeare, <i>The Dramatic Works</i>, 9 illustrated volumes, London, 1802. $5,000 to $7,500.
    http://catalogue.swanngalleries.com/asp/searchresults.asp?sale_no=2419&st=D&viewby=lot_asc&ps=25&pg=1
    <b>Swann Auction Galleries June 14:</b> Grimm Brothers, <i>Little Brother & Little Sister</i>, illustrated & signed by Arthur Rackham, London, 1917. $2,000 to $3,000.
    <b>Swann Auction Galleries June 14:</b> John Milton, <i>Paradise Lost</i>, illustrated by John Martin, London, 1846. $1,500 to $2,500.
    <b>Swann Auction Galleries June 14:</b> Edward Young, <i>The Complaint, and The Consolation</i>, first edition, illustrated by William Blake, London, 1797. $8,000 to $10,000.
    <b>Swann Auction Galleries June 14:</b> <i>Catalogue of the Morgan Collection of Chinese Porcelains</i>, first edition, New York, 1904-11. $3,000 to $4,000.
  • <b>American History: Live Salesroom Auction, June 10, 10:00 AM ET</b>
    <b>Cowans June 10:</b> Lot 5. The Confederate Blockade Runner <i>CSS Colonel Lamb at Sea</i>, 1864, by Samuel Walters. Est $60000-$80000.
    <b>Cowans June 10:</b> Lot 140. Brevet Brigadier General James H. Kidd, 6th Michigan Cavalry, Exceptional Collection. Est Est $80000-$100000.
    <b>Cowans June 10:</b> Lot 141. Elizabeth "Libbie" Bacon Custer, ALS and Souvenir Relics from the Surrender at Appomattox Court House.<br>Est $20000-$30000.
    <b>Cowans June 10:</b> Lot 116. Colonel Elmer E. Ellsworth Presentation Sword and Archive. Lot of 52 items related to Elmer Ellsworth.<br>Est $100000-$200000.
    <b>American History: Live Salesroom Auction, June 10, 10:00 AM ET</b>
    <b>Cowans June 10:</b> Lot 1. Paul Revere, War of 1812, Mechanics of the Town of Boston Signed Pledge. <br>Est $10000-$15000.
    <b>Cowans June 10:</b> Lot 64. Rare Whole Plate Tintype of the Ill-Fated Civil War Steamer Sultana. <br>Est $5000-$7000.
    <b>Cowans June 10:</b> Lot 346. James B. "Wild Bill" Hickok Tintype and Autograph Poem Signed.<br>Est $20000-$30000.
    <b>Cowans June 10:</b> Lot 330. Remarkable California US Mail Steamship Co. Broadside, 1859. <br>Est $10000-$15000.
    <b>American History: Live Salesroom Auction, June 10, 10:00 AM ET</b>
    <b>Cowans June 10:</b> Lot 161. Previously Unknown Daguerreotype of Future First Lady Julia Dent Grant and Sons Made for Captain Ulysses S. Grant. Est $10000-$15000.
    <b>Cowans June 10:</b> Lot 229. <i>Titanic Disaster</i>, Ogden Family Travel Album Containing 30 Photographs Taken from the RMS Carpathia. <br>Est $5000-$7000.
    <b>Cowans June 10:</b> Lot 230. RMS <i>Titanic</i>, Cork from Life Belt Salvaged by Passengers of the RMS <i>Carpathia</i>. Est $7000-$9000.
    <b>Cowans June 10:</b> Lot 231. Bronze RMS Carpathia Medals Presented to Mr. & Mrs. Ogden, Plus ALS from Captain Arthur Rostron.<br>Est $4000-$6000.

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