• <b>Swann Auction Galleries Dec 10:</b><br>Dr. Seuss, pen, ink & watercolor, calendar illustration, Thomas D. Murphy Company, 1937. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 10:</b> Georges Lepape, <i>Sur la Terrasse,</i> gouache & pencil, cover for <i>Vogue,</i> 1930. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 10:</b> Charles Dana Gibson, <i>The Coming Game, Yale vs. Vassar,</i> pen & ink, for <i>Life</i> magazine, 1895. $2,000 to $3,000.
    <b>Swann Auction Galleries Dec 10:</b><br>H.A. Rey, color pencil, charcoal, watercolor & gouache, for <i>Rafi et les 9 singes,</i> 1939. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 10:</b> Ernest H. Shepard, pen & ink, for Kenneth Grahame’s <i>Bertie’s Escapade,</i> 1949. $10,000 to $15,000.
    <b>Swann Auction Galleries Dec 10:</b> Charles Schulz, <i>The Biggest Star Measured So Far,</i> ink & wash, original <i>Peanuts</i> cartoon, published 1961. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 10:</b> Saul Steinberg, <i>12 Biographies, A to B,</i> pen & ink with collage, final illustration in his book <i>The Labyrinth,</i> 1960. $12,000 to $18,000.
    <b>Swann Auction Galleries Dec 10:</b><br>Jo Mielziner, <i>A Streetcar Named Desire,</i> watercolor, graphite & gouache, first color study for the award-winning 1947 production. $7,000 to $10,000.
    <b>Swann Auction Galleries Dec 10:</b> Charles Addams, <i>Nevermore,</i> watercolor & ink, for <i>The New Yorker,</i> 1973. $12,000 to $18,000.
    <b>Swann Auction Galleries Dec 10:</b> James Montgomery Flagg, <i>I Should Worry,</i> watercolor, gouache & graphite, cover for <i>Judge</i> magazine, 1914. $5,000 to $7,500.
    <b>Swann Auction Galleries Dec 10:</b> Edward Gorey, <i>Swan Lake, Hunters/Siegfried, Van Rothbart,</i> watercolor, pen & ink, costume designs, 1975. $8,000 to $12,000.
    <b>Swann Auction Galleries Dec 10:</b> Ludwig Bemelmans, <i>Sketch for Madeline,</i> gouache & ink. $6,000 to $9,000.
  • <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> [Herberstein, Sigismund von, & al.] <i>Rerum Moscoviticarum…,</i> 4 plates, illustrations, folio, Andreas Wevhelius, Frankfurt, 1600. £1,500 to £2,000
    <b>Chiswick Auctions, Nov. 20:</b> Bowen (Emmanuel) & Owen (John). <i>Britannia Depicta…,</i> fourth edition, engraved title and 273 maps, 4to, Thomas Bowles, 1753. £700 to £900
    <b>Chiswick Auctions, Nov. 20:</b> Geographical Game.- Jefferys (Thomas). <i>The Royal Geographical Pastime or the Tour of Europe,</i> FIRST EDITION, engraving of Europe, map c. 507 x 665 mm, Thomas Jefferys, 1768. £600 to £800
    <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> Germany.- Homann (Johann Baptist). <i>Atlas Novus Terrarum Orbis Imperia... Atlas von Deutschland,</i> engraved half title, 87 maps only, folio, Erben, Nuremberg, 1753. £8,000 to £10,000
    <b>Chiswick Auctions, Nov. 20:</b> Iceland [Løvenørns (Poul)]. <i>Beskrivelse over den Iislandske…,</i> 10 engraved maps and plates, vignettes, 4to, Copenhagen, F. W. Thiele, 1788. £600 to £800
    <b>Chiswick Auctions, Nov. 20:</b> Lewis (John Frederick). <i>Illustrations of Constantinople…,</i> FIRST EDITION, frontispiece and 26 views folio, T. McLean, D.& P. Colnaghi & John F. Lewis, [1838]. £2,000 to £3,000
    <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> Lilford (Lord, Thomas Littleton Powys, 4th Baron). <i>Coloured Figures of the Birds of the British Islands,</i> 7 vol., second edition, [one of 450 sets], 421 plates, large 8vo, 1891-97. £1,800 to £2,200
    <b>Chiswick Auctions, Nov. 20:</b> Londres [panorama], engraving, 350 x 520mm, chez Baltazar Moncornet, Paris, c.1666-68. £800 to £1,200
    <b>Chiswick Auctions, Nov. 20:</b> Van Keulen (Joannes). <i> Niewe Pas Caarte Strekkende van Pta Cataon tot Pta Lamtaon…,</i> copper engraved map, hand coloured, 510 x 585mm, Amsterdam, [1753]. £1,200 to £1,500
    <center><b>Chiswick Auctions<br>Books & Works on Paper,<br>to include Travel, Sciences, <br>Sport & Illustrated Art<br>November 20, 2019</b>
    <b>Chiswick Auctions, Nov. 20:</b> Goethe (Johann Wolfgang von). <i> Prologue dans le ciel, Traduction de Gerard de Nerval…,</i> 11 double sheets with calligraphic handwriting, 33 fine gouaches, Philippe Gonin, [Paris, c. 1932]. £400 to £600
    <b>Chiswick Auctions, Nov. 20:</b> Murphy (Jill, author and illustrator) ARR. <i> Peace at Last & The Large Family: All in One Piece,</i> 10 pieces of original artwork from the two books, 1980 & 1987 (12). £1,800 to £2,000
    <b>Chiswick Auctions, Nov. 20:</b> Rembrandt (Harmensz. van Rijn). Christ at Emmaus: the larger plate, etching and drypoint, 212 x 161mm, sheet 225 x 170mm, 1654. £1,000 to £1,500
  • <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> Bohr (Niels). <i>On the Constitution of Atoms and Molecules,</i> first edition, presentation copy, offprint 1913. £20,000 to £30,000
    <b>Forum Auctions, Nov. 21:</b> Shakespeare's Falstaff.- Henry V & Sir John Fastolf. Indenture agreement appointing Fastolf as Keeper of the Bastille of St Anthony at Paris, manuscript in French, 1421. £10,000 to £15,000
    <b>Forum Auctions, Nov. 21:</b> World.- Purchas (Samuel). <i>Purchas his Pilgrimes. In Five Books...,</i> 5 vol., first edition, 7 folding engraved maps, contemporary calf, by William Stansby for Henrie Fetherstone, 1625-26. £20,000 to £30,000
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> Book of Hours.- Use of Rouen, manuscript on vellum, in Latin and French, illuminated with 14 full-page miniatures by the workshop or follower of the Maitre de l'Echevinage, Rouen, 1480s. £20,000 t0 £30,000
    <b>Forum Auctions, Nov. 21:</b> Giese (Raban, ?scholar and medical doctor). Album Amicorum of drawing on his travels and acquaintances in Europe 1618-21, 134 watercolour illustrations including c. 60 professional miniatures, 1618-39. £30,000 to £40,000
    <b>Forum Auctions, Nov. 21:</b> Jones (David). 14 Autograph Letters signed, 1952-68; and a small quantity of ephemera (sm. qty). £6,000 to £8,000
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> Constable (John). Various Subjects of Landscape, Characteristic of English Scenery, signed presentation inscription from Constable, 1833. £6,000 to £8,000
    <b>Forum Auctions, Nov. 21:</b> Rembrandt van Rijn (1606-1669). The Descent from the Cross: Second Plate, etching and engraving, 1633. £6,000 to £8,000
    <b>Forum Auctions, Nov. 21:</b> Salvin (Francis Henry) and William Brodrick. <i>Falconry in the British Isles,</i> second edition, William Brodrick's copy with 3 original watercolours by him, 1873. £8,000 to £12,000
    <center><b>Forum Auctions<br>Fine Books, Manuscripts and Works<br>on Paper including Books from The Collection of The Garden Ltd<br>November 21, 2019</b>
    <b>Forum Auctions, Nov. 21:</b> China.- Helman (Isidore Stanislas Henri). <i>Suite des seize estampes representant les conquetes de l'Empereur de la Chine,</i> 1783-88. £10,000 to £15,000
    <b>Forum Auctions, Nov. 21:</b> Pratt (Edward Roger, 1789-1863). Album of 28 watercolours and other works on paper from a journey to ancient sites and monuments in the Mediterranean, [c.1830 and later]. £3,000 to £5,000
  • <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b> Fust-Schöffer-Bibel from Gutenberg-Press, 1462. Est: € 1,000,000
    <b>Ketterer Rare Books, November 25:</b><br>J. W. Weinmann, <i>Phytanthoza-Iconographia,</i> 1735-45. Est: € 60,000
    <b>Ketterer Rare Books, November 25:</b><br>O. Kokoschka, <i>Die träumenden Knaben,</i> 1917. Est: € 10,000
    <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b><br>Z. Lilius, <i>Orbis breviarium,</i> 1493. <br>Est: € 10,000
    <b>Ketterer Rare Books, November 25:</b> <i>Gazette du Bon Ton,</i> 1912-22.<br>Est: € 14,000
    <b>Ketterer Rare Books, November 25:</b><br>M. Chagall, <i>Daphnis & Chloé,</i> 1961. Est: € 100,000
    <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b><br>C. Ptolemaeus, <i>Geographie,</i> 1513.<br>Est: € 100,000
    <b>Ketterer Rare Books, November 25:</b><br>E. L. Kirchner, <i>Umbra vitae,</i> 1924.<br>Est: € 6,000
    <b>Ketterer Rare Books, November 25:</b><br>J. Miró, <i>Midi le trèfle blanc,</i> 1968. Est: € 2,000
    <center><b>Ketterer Rare Books<br>Auction on November 25th</b>
    <b>Ketterer Rare Books, November 25:</b> Clemens V., <i>Constitutiones,</i> 1471.<br>Est: € 14,000
    <b>Ketterer Rare Books, November 25:</b><br>C. Gesner, <i>Tierbuch, Vogelbuch, Fischbuch,</i> 1563-81. Est: € 5,000
    <b>Ketterer Rare Books, November 25:</b><br>J. Itten, <i>Utopia,</i> 1921. Est: € 2,000

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

  • <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
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    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
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    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Auctions <br>Fine Books & Manuscripts <i>online</i><br> November 11-17
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
    <center><b>Skinner Rare Book Auction November 11-17</b>
  • <b>Bonhams, Dec. 5:</b> SHAKESPEARE, WILLIAM. <i>Macbeth: A Tragedy.</i> London, 1673. FIRST SEPARATE AND FIRST QUARTO EDITION. THE CHARLTON HESTON COPY. $80,000 to $120,000.
    <b>Bonhams, Dec. 5:</b> HEMINGWAY, ERNEST. <i>In Our Time.</i> Paris, 1924. FIRST EDITION, PRESENTATION COPY. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> HAWTHORNE, NATHANIEL. <i>Fanshawe, A Tale.</i> Boston, 1828. FIRST EDITION OF AUTHOR'S FIRST BOOK. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> THOREAU, HENRY DAVID. <i>Walden; Or, Life in the Woods.</i> Boston, 1854. FINE COPY OF THE FIRST EDITION. $10,000 to $15,000.
    <b>Bonhams, Dec. 5:</b> SHAKESPEARE, WILLIAM. <i>Comedies, Histories, and Tragedies.</i> London, 1685. THE FOURTH FOLIO, Brewster/Bentley issue. $20,000 to $30,000.
    <b>Bonhams, Dec. 5:</b> STEIG, WILLIAM. Original maquette and 58 finished drawings for <i>The Agony in the Kindergarten,</i> one of Steig's most important books. $10,000 to $15,000.
    <b>Bonhams, Dec. 5:</b> VERNE, JULES. <i>A Journey to the Centre of the Earth.</i> New York & London, 1872. FIRST EDITION, RARE AMERICAN ISSUE, with Scribner & Welford cancel title. $5,000 to $8,000.
    <b>Bonhams, Dec. 5:</b> KING, STEPHEN. <i>Carrie.</i> New York, 1974. INSCRIBED FIRST EDITION, OF AUTHOR'S FIRST BOOK. $1,200 to $1,800.
    <b>Bonhams, Dec. 4:</b> APPLE MACINTOSH PROTOTYPE. 1983. The earliest known Macintosh with "Twiggy" drive, one of only two known working machines. $120,000 to $180,000.
    <b>Bonhams, Dec. 4:</b> PLATO. <i>Timaeus</i> [AND] <i>Critias</i> [from Ficini's 1484 Opera]. A LANDMARK OF SCIENTIFIC THOUGHT. $80,000 to $120,000.
    <b>Bonhams, Dec. 4:</b> LOVELACE, AUGUSTA ADA. Sketch of the Analytical Engine Invented by Charles Babbage Esq. London, 1843. FIRST EDITION, JOURNAL ISSUE, MOST IMPORTANT PAPER IN EARLY DIGITAL COMPUTING. $15,000 to $20,000.
    <b>Bonhams, Dec. 4:</b> APPLE-1 COMPUTER. Signed by Steve Wozniak, used in development of Apple II. $200,000 to $300,000.
    <b>Bonhams, Dec. 4:</b> DARWIN, CHARLES. 1809-1882. <i>On the Origin of Species By Means of Natural Selection.</i> London, 1859. FIRST EDITION. $80,000 to $120,000.
  • <b>Christie’s London, Nov. 27:</b> [Peter I, Tsar]. <i>Simboly i emblemata ukazom i blagopovedenii imperatora Petra Alekseevicha [Symbola et emblemata jussu atque auspiciis Petri Alexeidis].</i> Amsterdam, 1705. £30,000 to £40,000
    <b>Christie’s London, Nov. 27:</b> Charlemagne, Adolf. Benefice d'Adieu de Madame Naptal. [St Petersburg: 16th February 1873]. £30,000 to £40,000
    <b>Christie’s London, Nov. 27:</b> [Military. Album.] [An album of drawings of weapons and their accessories, drawn from nature by the Second Cadets Corps.] St Petersburg, 1800. £100,000 to £150,000
    <b>Christie’s London, Nov. 27:</b> Pushkin, Alexander. <i>Evgenii Onegin.</i> St Petersburg: Dep. of Public Education, 1825-1832. £100,000 to £150,000
    <b>Christie’s London, Nov. 27:</b> Sumarokov, Pavel. <i>Dosugi krymskogo sud’i ili vtoroe puteshestvie v Tavridu. [The Leisure of a Crimean Judge or a Second Tour to Tauris].</i> St Petersburg: Imperial Press, 1803-5. £50,000 to £80,000

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