On this page

• Text (1)

  Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

  • 

    Untitled Article

• Transcript

  • Note: This text has been automatically extracted via Optical Character Recognition (OCR) software. The text has not been manually corrected and should not be relied on to be an accurate representation of the item.

    Additionally, when viewing full transcripts, extracted text may not be in the same order as the original document.

    Untitled Article

    practicable and unjust ; that underselling in the booktrade always would exist ; that free-trade lowered priced , and thereby increased the circulation of books , and that the book trade could not flourish while embarrassed by restrictions . Mr . John Chapman remarked on the comparison drawn between hooks and patented articles , that "he had never heard of patentees combining to compel their agents to sell at a particular price . " He also insisted that the present system had a tendency to generate extreme dishonesty , as many retail booksellers signed the agreement forced xipon them , and then sold at reduced prices . And it was thus shown , that except for vexatious purposes , how inefficient were the regulations of the Association . Mr . Bush complained that the names of persons to whom the Association had refused tickets were posted

    prominently and publicly . Lord Campbell said , " it seemed like a sentence of excommunication . " Mr . William Longman , as chairman of the Booksellers' Association , made a counter statement . He admitted at the outset that its regulations could not be carried out without coercion ; and he proceeded to state that the Association had not originated among the publishers and book merchants of Paternoster-row , and that they had not coerced the retail into the system . The Association was established to regulate the price of books ; in fact , to destroy competition . And he pointed out how the great houses were most likely to benefit by competition , since they had greater capital , better machinery , arid wider connexions , than the retail traders , to show that the great publishers were disinterested . He commented on Mr . Gladstone ' s

    speech > not with the view of answering it , but of breaking ' the force of its conclusions . He doubted whether the restricted sale of books was attributable to the present system , and he pleaded that the great publishers did not " deserve the chastisement" inflicted , on Wednesday week , in the House of Commons . With respect to the book trade in the colonies , Mr . Longman imputed the narrow limitation of the sale , not to the " monstrous price , " as Mr . Gladstone did , but to the relaxation of the Copyright Act . He further

    said" Mr . Carlyle ^ in aletter he had written on this subject , observed that , The spirit of the book trade , it is mournfully evident , is that of modern trade generally—no better and no worse—a hand-to-mouth spirit , incapable of ever again paying for even a Johnson ' s Dictionary . ' He ( Mr . Longman ) could only say that for years his firm had been endeavouring to find an author Avilling and competent to re-edit that work . They were willing to pay liberally , but tliey could not find an editor ; and if these remarks should induce any literary gentleman to undertake the duty , he letter

    would thank Mr . Carlyle for his remarkable . i ± e believed there nev er existed a more enterprising body of publishers than those of the present day . He held in his hand a list of fourteen volumes , published by his house within a few years , the first editions of which cost them above 60 , 000 / . Those editions varied in number from 1000 to 4000 copios ; thoir authorship co st the firm between 1 (> , OOOZ . and 17 , 000 ? . ; and if every copy of thoso first editions had been sold , without rec koning a shilling for interest , tboro would have been still a defic iency of about

    10 , 0002 . Finally , ho gavo up the case , prophesying ruin as a consequence of Free-trade , but believing that it was necessary things should take their natural course—for a time ; and leaving Lord Campbell and his fnonds to decide . A few remarks were made by other members of the Association ; and after Lord Campbell had stated that they would give judgment on Wednesday , the meeting broke up . On Wednesday , Lord Campbell , Dr . Milman , and Mr . Groto , received again the deputation of tho liook-HollerH' Association and thoir opponents ; and Lord Campbell read

    THE JUDGMENT . " At a meeting of tho Booksollors' Association , hold in London , on tho 8 th of April last , tho following resolution waa unanimously agreed to : " ' That a oonforonco be invited between Lord Campboll , in conjunction with a lbw of our principal authors , and eortain members of tho bookwolUng trade , for tho purpose of deciding whether tho Booksollora Association shall bo carried on under its present regulations or not—it l > ojng

    understood that tho decision of Lord Campbell and tho othor literary gentlemen shall bo binding on tho eommittoo , who agreo , if tho decision bo adverse , to convono tho trado , and resign their functions . ' " Wo having boon Holicitod to . net as roforoos in this matter , havo not hesitated to do ho , in tho hopo of rendering hohio Horvico to tho causo of literature . No question is put to us of law or morality . Wo aro inoroly requested to way what , in our opinion , is roasonablo and expedient . warml tho fairness

    " " Wo must begin by y applauding with which tho member ' s of tho association havo conducted themselves throughout this controversy . Those gontlomon aro no doubt s incerel y' convinced that tho regulations under which tho bookselling trado is now carried on by thorn iiro equitable and conduoivo to tho public good . KovortholoHB they aro ready to abandon thoso regulations , if certain individual * , who woro named by others , nhould , alter hearing all that might l « urgod on . both , eiUoa , como to a contrary conclusion ,

    " The substance of the regulations Submitted to ua we understand to be , that all booksellers keeping a shop in London , or within 12 miles of the General Post-office , aro to become members of the association , and are to receive a ticket entitling them to buy new books from the publish , ers ; that the publishers of new books specify a retail price for each , copy ; that they sell copies to the retail booksellers at about 30 per cent , under that price ; that they require an engagement from the retail booksellers not to allow to their customers a larger discount than 10 per cent , from the retail price ; that without this engagement , the retail dealers cannot be supplied with copies of new books ; and that-for a breach of this engagement they forfeit their tickets , and are cut off from any further dealings in new books with the publishers . read

    " Having listened to very able arguments , having every thing which , has come within our reach on either eide , and having considered the subject very deliberately , we have unanimously come to the conclusion that these regulations are unreasonable and inexpedient . " We will now briefly state the grounds of our opinion . "Such regulations seem , prima fade , to be indefensible , and contrary to the freedom which ought to prevail in commercial transactions . Although the owner of property may put what price he pleases upon it when selling it , the condition that the purchaser , after the property has been transferred to him , and he has paid the purchase-money , shall not resell it under a certain price , derogates from the rights of ownership , which ,, as purchaser , he has aC-¦ ~

    j . . _ . _ , _ ' _ .. .- * . it .. 1 ' j „ L —~ . " It is obvious likewise that these regulations must , in practice , lead to vexatious enquiries and to fraudulent evasions . The alleged necessity for them supposes that there exists a strong inducement for the retail dealer to sell at a lowerprice than the minimum permitted by the publisher . Without a rigorous police in the trade , while the condition annexed to the sale is observed by the strictly honourable retailer , to the serious detriment of bis business , it will be disregarded by the less scrupulous . Instances occur of retailers , detected in underselling , having been expelled from the association in a manner which must be very painful to their feelings and injurious to their interests ; and there is reason to believe that , notwithstanding a necessary system of espionage , otters continue with impunity to dispose of new books on any terms which they consider

    remunerative . „ " The arrangement between the publishers and the retail booksellers is indeed said to be voluntary . We have been pressed by the fact that a vast majority of the retail booksellers have given in their adhesion to the association , and have expressed a willingness to remain under its rule . But although , there be no employment of physical force , or threats , which the law forbids , we doubt much whether this acquiesence may not , in a considerable degree , be ascribed to coercion . Without the' ticket , ' testifying that a retail bookseller is qualified to deal with the publishers , ho cannot carry on his business as a vendor of new publications ; and the means by which he lives are taken from him . to the

    From many retail booksellers , now submitting association , we have had intimations that they would be happy to be released from it , and to carry on their business like tradesmen in other branches of industry . But even the entire unanimity of the retail booksellers would not be conclusive of tho question ; for they may dread to be deprived of an artificial protection to which they have been long accustomed , although this be not essential to their permanent interests , although it may lull them into habits of listlessness , and may be detrimental to the community . " Mr . William Longman , Mr . Murray , and other gentlemen , who with so much ingenuity havo advocated tho Regulations , ' admit that tho burden of proof is upon thorn , and that thoy are bound to mako out tho book trado

    to be an oxception to the rule that commerce is to be firee . Thoy have mentioned othor trades carried on at Manchester , Derby , and elsowhero , in which , for peouliar reasons , gentlomen of eminence and respectability aro said to have prescribed similar regulations . As to these supposed parallel casos wo havo not obtained any sufficiently authontio information to enable us to pronounce upon them , although wo suspect that they would resolve themselves into a control exercised over agents , or a very reasonable refusal to deal with , an individual who was making an unfair ' use of tho article purchased . But when tho supporters of tho

    association go on to roly ( as thoy havo done very confidently ) upon tho otiquotto of tho bar , which fixos a minimum foo , loss than which a barrister may not roceivo , wo know that thoy aro undor a delusion . Tho remuneration of an English barrister is not matter of contract . The cliont presents to him a voluntary honorarium for which the law gives no remedy . A minimum is iixod , otherwise tho Attornoy-Gonoral might bo offered 2 * . ( id . or dd , But that minimum is one guinea ; and if tho plaintiff sues in formapauporiSyhi ) may , without paying any feo whatever , havo tho zealous aBHistanoo of tho most distinguished leader in Westminster Hall .

    " Tho first peculiarity pointed out to us in tho book trado is copyright ; and it has boon argued that as authors havo protection , ho ought thoso who circulate thoir works . Tho only protection given to authors is tho protection which tho' law givoH to property of every description . It has boon ( loomed by tho most eminent judgos , that an author has at common hUv , and according to tho otornul rules of justioo , a property in . what ho writes , no that no ono can print it or reprint it without his permission . Tho statutes which havo toon passed upon this subject from tho roign

    of Quoon Anno to tho roign oi ( Juoon Victoria , havo boon in abridgment of tho rights of authors , giving thorn ,, by way of compensation , improvod remedies when thoir property is invaded . " Tho noxt peculiarity pointed out in tho book trado is , that tho articlo asked for by n purohosor must bo genuine , and iriust always bo of tho saino quality . But all hough there bo no competition as to tho quality of this artiolo , wo do not porcoivo why thoro mny not bo a competition an to tho prico at which it may bo sold . And hero tho competition i » Iobb dangoroue to tho purchaBor , for ho ia

    in no danger of having spurious wares pahued upon him . when attracted by lowness of price . " Then we are reminded of the peculiarity that the publisher names the p _ rice at which the bookis to be sold to the customer ( which may be considered the maximum !? ri ce ) , whereas the manufacturer in other trades entirely eaves the price to be paid by the customer to be fixed bv the retail dealer . Some complain of this proceeding of thi publisher as a grievance . But admitting the '' expediency of the publisher continuing to name a retail price at which the bookis said to be published , this can onl y be as a guide and cannot hinder the making of a fair bargain between the retail dealer and the customer . At present hv + >>«

    rules of the association , the actual retail price may vary front the publishing price j so that it is not more than 10 per cent . less . " The consideration that has weighed most with us is the peculiar mode in which in the book trade the wares to be disposed of are distributed . There is no doubt a great advantage to literature in the existence of respectable booksellers' shops at reasonable distances in London Edinburgh , andJDublin , and . all provincial towns . By the exertions of these gentlemen a new work is made known more efficiently than by advertisements ; and the opportunity of inspecting a copy of it on the counter no doubt often produces a purchase which might not otherwise have been thought of . We cannot but apprehend that , if the

    regulations in question axe done away withj and unlimited competition permitted ^ the number of retail establishments in the United Kingdom may be -considerably diminished . But the existence of a larger number of retail establishments than is necessary to supply the commodity to the public has an evident tendency to raise the price to the consumer j and , according to all experience , the deman d will increase as the price is diminished ( though not perhaps to the extent contemplated by , some of the more ardent opponents of the '^ Regulations . ' ) On the removal of an artificial protection in any department of industry some distress immediately follows ; but the wholesome principles of commerce , when acted upon , ere long brine :

    a remedy . And it maybe hoped that competition and low prices , large sales and . < l u * c& returns ( perhaps the greater energy and activity which may be enforced ) may eventually add to the prosperity of the book trade , and increWe the profits of all concerned in it . " Lastly , it has been contended before us , that though the works of celebrated writers might be advantageously circulated and sold without the ' Regulations / and the sale of such works be rather impeded by them , yet the works of unknown and second-rate writers , however useful and " meritorious , could not , without a law against underselling , be ushered into the world . Even if this were so , we should still deny the justice of aiding dull men . at the expense of to

    men of genius ; and , with a view public improvement , we should doubt the expediency of checking the circulation of that which is most excellent , to encourage that which gives less valuable information , and less exquisite pleasure , Moreover , wo have reason to think that in many cases the Regulations' cramp tho circula tion of works which have merit without being popular . The demand being small , the price would naturally decline , and at the reduced pr ice there might still be a considerable number of purchasers . But as the ¦ minimum price fixed by the publisher must be rigidly insisted upon , the sale ia stopped , and the great bulk of tho edition , after causing a large expense for warehouse room , goes to the trunkmakers . " ¦ For theso reasons we think that the attempt to

    establish the alleged exceptional nature of tho commerce in books has failed , and that it oug ht to be no longer carried on under tho present regulations . We neither intend to affirm , however , that excessive profits aro received in any branch of tho bookselling trade , nor do we imputo blanio to any class of individuals , although wo consider that the Bystcm is faulty , and that tho co mmunity would bo sufferers by its continuance . Wo likewise wish it to bo distinctly understood that our disapproval of tho ' Regulations oxtends only to tho pretension of the publishers to dictato the terms on which the retail bookseller shall deal in his own shop , and to tho moans employed for enforcing tlio proscribed minimum prico which ho is ordered to demana from his customers . f " Thoso being abandoned , it seems from tho language or tho resolution under which wo act , that tho association must bo dissolvod . . _

    " Ono gentloman who addressed us , asked us , in caso wo should condemn tho existing regulations , to tframe new ones , undor which tho bookselling trado should bo conducted . " This wo must wholly doclino , as boing boyond our undertaking , and boyond tho powers conforrod upon us . i « ' - haps tho bookselling trado will havo tho best chance . oi nourishing without any special regulations of any sore . * thoro bo ontiro freedom in tho transactions between t' < publishers and tho retail booksollors , the publishers asianf , prices and making or refusing allowances , as they P " , ' Lot them deal with ovory ono ( although unticketod ) w » o brings monov in his purso , or whoso responsibility w ^ doubted ; takiner care not to encourage tho long am

    nowod credits which aro said under tho existing ey ™>> havo produced so much misohiof . The . puWwhow aron bound to trust any ono whom thoy boliovo to bo "JJ "" ^ his waros by rocklcss underselling , or to l > o cam b , buuinoss without a profit sulliciont for maintain ! if , ^ voncy . But lot thorn not roquiro any-plodgo uc ' () retail dealer to whom thoy noil thoir books os to U « . i which ho shall domnn . d in ro-solling them . XIWB , » " ity . of action , wo hopo , may tend to harmony ana pri » i j - Wo fool tho mosl sincoro rospoct and regard tor U 1 ° ' » ' , i intellectual and honourable body of mon who arc « 'b A ,, in tho booksolling trado . As authors , wo aro owi'J dobtod to thorn , for thoir valuable sorvicos . ( " And wo shall bo amply rowardod for our laiw ^ anxiely in this inquiry it wo can contribute in my - » $ , to thoir pormanont woli ' oro , upon which we aro u that tho cauBo of litgrftturo iu thiu country m « H tially dopond , "

    Untitled Article

    480 T H E ttADEEv [ Satijrday ,

• Citation
  • Leader (1850-1860), May 22, 1852, page 480, in the Nineteenth-Century Serials Edition (2008; 2018) ncse-os.kdl.kcl.ac.uk/periodicals/l/issues/vm2-ncseproduct1936/page/4/