• <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> Rowling (J.K.) <i>Harry Potter and the Philosopher's Stone,</i> FIRST EDITION, first issue, 8vo, 1997. £15,000 to £20,000
    <b>Chiswick Auctions, Sep. 25:</b> Bible, Italian.- Malermi Bible, woodcut illustrations, folio, Lazaro de Soardi & Bernardino Benali, Venice,1517. £8,000 to £12,000
    <b>Chiswick Auctions, Sep. 25:</b> Germany.- Homann (Johann Baptist). <i>Atlas von Deutschland,</i> engraved half title, hand coloured, 87 double page engraved maps, [folio, Erben, Nuremberg, 1753]. £8,000 to £10,000
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> [Mirk (John)].- <i>Liber festivalis et Quatuor sermons</i> [bound with], [Le Roy (Pierre)] <i>A Pleasant Satyre or Poesie,</i> first edition in English, Widdow Orwin for Thomas Man, 1595, 8vo. £1,500 to £2,000
    <b>Chiswick Auctions, Sep. 25:</b> Antoninus Florentinus (Saint Archbishop of Florence). <i>Confessionale: Defecerunt…,</i> 8vo, Pietro Quarengi, Venice, 15 February 1499. £1,000 to £1,500
    <b>Chiswick Auctions, Sep. 25:</b> Jesuit Letters.- [Froes (Father Luigi) & et al.)] Avvisi del Giapone de gli anni 1582, 1583, 1584…, 1586 [bound with] Avvisi della Cina et Giapone…, FIRST EDITIONS, Rome. £1,000 to £1,500
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> Plutarch & Probus (Aemilius). <i>Plutarchi Cheronei et Aemilii Probi Illustrium,</i> folio, Nicolas de Pratis for Jean-Petit, Paris, 1521. £1,000 to £1,500
    <b>Chiswick Auctions, Sep. 25:</b> Bible.- English. <i>The Byble in Englyshe of the Largest and Greatest volume,</i> elaborate woodcut border, text vignettes, folio, 1541. £1,000 to £1,500
    <b>Chiswick Auctions, Sep. 25:</b> Fore-edge Painting.- Lord George Byron, The Giaour, a Fragment of a Turkish Tale, bound with 10 other titles, 4 plates marked 'Proof.', 1813. £800 to £1,200
    <center><b>Chiswick Auctions<br>Books & Works on Paper<br>September 25, 2019</b>
    <b>Chiswick Auctions, Sep. 25:</b> Manson (John). Twelve by Sixteen Papers of John Mason, a collection of 50 sheets of paper, some watermarked, 12 x 16”, c.1978. £800 to £1,200
    <b>Chiswick Auctions, Sep. 25:</b> Fleming (Ian). <i>Dr. No,</i> FIRST EDITION, original boards, dust-jacket, 8vo, 1958. £700 to £900
    <b>Chiswick Auctions, Sep. 25:</b> Eliot (T.S.) <i>Four Quartets,</i> NUMBER 121 of 290 COPIES, signed by author, 1960. £400 to £600
  • <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 26, 2019</b>
    <b>Forum Auctions, Sep. 26:</b> Joyce (James). <i>Dubliners,</i> first edition, signed presentation inscription from the author, 1914. £100,000 to £150,000
    <b>Forum Auctions, Sep. 26:</b> The Beatles.- Baker (Geoffrey.) 3 Autograph Letters and 1 Autograph Card signed to Ann Gosnell, addtionally sgn’d by George Harrison, John Lennon, Cynthia Lennon and others, 1968. £5,000 to £7,000
    <b>Forum Auctions, Sep. 26:</b> Pilgrim Press.- Dod (John). <i>A plaine and familiar exposition of the tenne commandements ...,</i> [Leiden], [William Brewster], 1617. £15,000 to £20,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 26, 2019</b>
    <b>Forum Auctions, Sep. 26:</b> Automaton Chess Player & Mechanical Illusion.- Reynell (H., printer). “The Famous Chess-Player, No.14, St.James's-Street, next Brooks's,” broadside advertisement for "The famous Automaton", [1784]. £2,000 to £3,000
    <b>Forum Auctions, Sep. 26:</b> Clemens (Samuel Langhorne). <i>Life on the Mississippi,</i> first English edition, signed presentation inscription from the author, 1883. £8,000 to £12,000
    <b>Forum Auctions, Sep. 26:</b> Arctic Sledge Flag.- Fulford (Reginald Baldwin). Sledge flag... HMS Discovery, 1875. £4,000 to £6,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 26, 2019</b>
    <b>Forum Auctions, Sep. 26:</b> Rowling (J.K.) <i>Harry Potter and the Philosopher's Stone,</i> first edition, first printing, 1997. £20,000 to £30,000
    <b>Forum Auctions, Sep. 26:</b> Piranesi (Giovanni Battista). <i>Le Antichità Romane,</i> 4 vol., 1756. £20,000 to £30,000
    <b>Forum Auctions, Sep. 26:</b> Canaletto (Giovanni Antonio Canal, called). <i>Urbis Venetiarum Prospectus Celebriores,</i> 3 parts in 1, Richard Ford's copy, Venice, Giovanni Battista Pasquali, 1751. £10,000 to £15,000
    <b>Forum Auctions: Fine Books, Manuscripts and Works on Paper. September 26, 2019</b>
    <b>Forum Auctions, Sep. 26:</b> Atlases.- Speed (John). <i>A Prospect of the Most Famous Parts of the World,</i> bound with <i>The Theatre of the Empire of Great Britaine,</i> 1631-27. £12,000 to £18,000
    <b>Forum Auctions, Sep. 26:</b> Anatomical illustration.- Aselli (Gaspare). <i>De lactibus sive lacteis venis... dissertatio,</i> first edition, Milan, Giovanni Battista Bidelli, 1627. £20,000 to £30,000
  • <b>Bonhams, Sep. 17:</b> EARLY AVIATION PHOTOGRAPHY ARCHIVE. Chronicling 20th century aviation from the earliest Wright Brothers images through commercial and military applications. $50,000 to $70,000.
    <b>Bonhams, Sep. 17:</b> SPUTNIK-1 EMC/EMI LAB MODEL, 1957. Full scale vintage test model of the Sputnik-1 satellite, Moscow, [February, 1957]. $400,000 to $600,000.
    <b>Bonhams, Sep. 17:</b> FIRST TELEPHONE CALL TO THE MOON. Partial transcription signed by Apollo 11 astronauts and President Nixon. $20,000 to $30,000.
    <b>Bonhams, Sep. 17:</b> Apollo 11 Beta cloth crew emblem, SIGNED BY THE ENTIRE APOLLO 11 CREW. $8,000 to $10,000.
    <b>Bonhams, Sep. 17:</b> GEMINI 1/8 SCALE MODEL. Rarely seen large-scale contractor's model. $3,000 to $5,000
    <b>Bonhams, Oct. 23:</b> SMITH, CHRISTOPHER WEBB. 1793-1871. <i>Indian Ornithology.</i> [Patna, India]: 1828. $50,000 to $80,000.
    <b>Bonhams, Oct. 23:</b> DUPRÉ, LOUIS. 1789-1837. <i>Voyage à Athènes et à Constantinople, ou Collection de portraits, vues et costumes grecs et ottomans.</i> Paris: Dondey-Dupré, 1825. $60,000 to $90,000.
    <b>Bonhams, Oct. 23:</b> ADAMS, JOHN. Autograph Letter Signed ("J Adams"), [to Dr. Perkins?] while recovering from his small pox inoculation, [late-April, 1764]. $30,000 to $50,000.
    <b>Bonhams, Oct. 23:</b> AUSTEN, JANE. Autograph Letter Signed ("J. Austen"), to her sister Cassandra, 4 pp, "Thursday – after dinner," [September 16, 1813,] Henrietta St. $80,000 to $120,000.
    <b>Bonhams, Oct. 23:</b> AUDUBON, JOHN JAMES. 1785-1851. <i>The Birds of America, from Drawings Made in the United States and Their Territories.</i> New York & Philadelphia: J.J. Audubon & J.B. Chevalier, 1840-1844. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> DODWELL, EDWARD. 1767-1832. <i>Views in Greece.</i> London: Rodwell and Martin, 1821. $20,000 to $30,000.
    <b>Bonhams, Oct. 23:</b> JAMES, JESSE. Autograph Letter Signed ("Jesse W. James"), to Mr. Flood demanding Flood retract spurious accusations, 3 pp, June 5, 1875. $200,000 to $300,000.
  • <center><b>Arader Galleries<br>Fall 2019 Auction<br>September 28, 2019</b>
    <b>Arader Galleries, Sep. 28:</b> AUDUBON, John James. Snowy Owl, Plate 121. Aquatint Engraving with original hand color. London: Havell Jr., 1827-1838 from <i>Birds of America.</i> $225,000 to $300,000.
    <b>Arader Galleries, Sep. 28:</b> JEFFERYS, Thomas. <i>The American Atlas...</i> London: Sayer and Bennett, 1776. $65,000 to $90,000.
    <b>Arader Galleries, Sep. 28:</b> RACKHAM, Arthur. Original Illustrations for <i>Jack and the Beanstalk.</i> Pen and ink with watercolor on paper. C. 1913. $60,000 to $80,000.
    <b>Arader Galleries, Sep. 28:</b> AUDUBON, John James. Ruffed Grous, Plate 41. Aquatint Engraving with original hand color. London: Havell Jr., 1827-1838 from <i>Birds of America.</i> $50,000 to $70,000.
    <b>Arader Galleries, Sep. 28:</b> ROESSLER, A. R. Latest Map of the State of Texas. Lithograph with original hand color. New York: Mittendorfer, 1874. $50,000 to $65,000.
    <center><b>Arader Galleries<br>Fall 2019 Auction<br>September 28, 2019</b>
    <b>Arader Galleries, Sep. 28:</b> AUDUBON, John James. American Bison or Buffalo (Male), Plate 56. Lithograph with original hand color. New York, 1845-1848 from <i>Viviparous Quadrupeds of North America.</i> $18,000 to $25,000.
    <b>Arader Galleries, Sep. 28:</b> HOOKER, Sir William Jackson & FITCH, Walter Hood. Victoria Regia. Lithograph with original hand color. London: Bradbury & Evans, 1851. $20,000 to $30,000.
    <b>Arader Galleries, Sep. 28:</b> AUDUBON, John James. Pin Tailed Duck, Plate 227. Aquatint Engraving with original hand color. London: Havell Jr., 1827-1838 from <i>Birds of America.</i> $15,000 to $20,000.
    <b>Arader Galleries, Sep. 28:</b> LEWIS, Meriwether and CLARK, William. <i>Travels to the Source of the Missouri River and Across the American Continent...</i> London, 1814. $7,000 to $10,000.
    <b>Arader Galleries, Sep. 28:</b> AUDUBON, John James. American Black or Silver Fox, Plate 116. Lithograph with original hand color. New York, 1845-1848 from <i>Viviparous Quadrupeds of North America.</i> $18,000 to $25,000.

Rare Book Monthly

Articles - April - 2009 Issue

Collector Bests State in Battle for $475,000 Document

Descision04-09

The Virginia Supreme Court hands down its decision.


Finally, on the issue of conversion, the Court stated that even if the town "owned" the Declaration by virtue of taking possession of it over 200 years ago (a conclusion it neither reached nor rejected), it said that there was no evidence that Holbrook's family ever converted the document. Of course, you could surmise that this, in effect, happened (though not with any bad intentions), since there was no sign that the town ever intentionally gave the document to Holbrook's family. However, the Court compelled the state to provide evidence that this did not happen, and proving a negative is next to impossible. Strike three for Maine.

So, Mr. Adams is greatly relieved, but the bigger question is, what does this mean for all of the other old government documents out there in private hands, that governmental entities may assert claims for in the years ahead? The answer is, this case tells us very little. The Court, as courts are wont to do, decided it upon the narrowest of grounds. The reality is that this is an unusual case. It is rare that you will have this duality, an original copy plus a government mandated hand copy. These unusual circumstances may not arise again, but here they gave the court a justification for saying the original was not a public record. If Massachusetts in 1776 had said only that the ministers must give the document to the Town Clerk, not that he hand copy it, the decision could have been different. Few future cases are likely to involve this same situation.

As for the statutory "public document" argument, the Virginia Court neatly avoided it on a technicality. However, the implication of the lower court ruling is that if states pass statutes that are clearly intended to apply retroactively, they can turn any old once state-owned documents into public records. In other words, states are free to make the changes to their laws necessary to assure that a result like this never happens again. That's of cold comfort to collectors possessing old government documents.

The Court's final ruling, on conversion, was more surprising to me. Given the unusual circumstances here, I thought Maine's best chance was on conversion. After all, with most such old documents now in private hands, no one has any idea how they got there. They might just as likely have been sold by the governmental authority as unlawfully taken, similar to a library sale. Perhaps even more likely, they were just discarded when there was no longer any practical need for them, no one imagining they might some day be of value (like those old exlibris library books). This is why governments have dumpsters and paper shredders. But unlike the typical case, it appears unlikely this document was ever sold or discarded by the town. It was just given to the Town Clerk for safekeeping. He was never told to discard it. It would appear that for all the years it remained with Holbrook and his daughter, its status was one of safekeeping for the town. If so, there seems to me a reasonable argument that this remained undiscarded state property right up until the point Plumstead's estate sold this document it did not own at auction. At that point, the document was unlawfully "converted."

Why did the Court not rule this way? Courts often, I suspect, try to do what's right. We hear a lot about "strict construction" and that judges should just dispassionately follow the law, whatever that might mean. Anyone who believes this is how it works is either naïve or disingenuous. Few like "strict construction" when it finds for the other party. This has the feel of a case where the court decided where the balance of right and wrong lay and reached a decision accordingly. Leaving aside the legal technicalities of whether this was a "public document," or whether the Maine statute could be applied retroactively, or whether the state could not prove the obvious, that the town never did officially discard the document, it is still understandable that the Court would find for Adams. After all, he found himself in this predicament not because of his wrongdoing, or even his carelessness. He ended up there because of the carelessness of the Town of Wiscasset in managing its possessions. It allowed Adams to purchase this item in good faith because for 200 years it displayed little interest or concern with what happened to this material. To penalize Adams to the tune of $475,000 and reward the state for this damaging negligence seems terribly unfair. I suspect the Court saw it that way too, so they ruled for Adams, but in a way that will afford little precedent for future government-collector disputes.

Rare Book Monthly

  • <b>Swann Auction Galleries Illustration Art:</b> Eric Carle, <i>The Very Hungry Caterpillar,</i> hand-painted collage. Sold for a record $20,000.
    <b>Swann Auction Galleries Illustration Art:</b> Charles Addams, <i>Couple passing a giant bird house,</i> watercolor cartoon for <i>The New Yorker,</i> 1948. Sold for $16,250.
    <b>Swann Auction Galleries Illustration Art:</b> Miriam Troop, <i>Rain on Laundry Day,</i> oil on canvas, cover for <i>The Saturday Evening Post,</i> 1940. Sold for $40,000.
    <b>Swann Auction Galleries Illustration Art:</b> Rockwell Kent, <i>To All Fascists,</i> ink broadside for The League of American Writers, circa 1937. Sold for $6,500.
    <b>Swann Auction Galleries Illustration Art:</b> Jo Mielziner, <i>Pet Shop Drop,</i> backdrop design for <i>Pal Joey</i> on Broadway, 1940. Sold for a record $55,000.
    <b>Swann Auction Galleries Illustration Art:</b> Lee Brown Coye, acrylic cover illustration for the 25th anniversary of <i>Weird Tales,</i> 1944. Sold for $18,750.
    <b>Swann Auction Galleries Illustration Art:</b> Virgil Finlay, <i>The Outsider & Others,</i> pen & ink dust jacket illustration for H.P. Lovecraft's book, 1939. Sold for $5,500.
    <b>Swann Auction Galleries Illustration Art:</b> Al Hirschfeld, <i>Paul Robeson as Othello,</i> illustration for <i>The New York Times,</i> 1942. Sold for $68,750
    <b>Swann Auction Galleries Illustration Art:</b> Frederic Remington, pen & ink illustration for <i>A Scout with the Buffalo Soldiers</i> in <i>The Century</i> magazine, 1889. Sold for $17,500.

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