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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.
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Bookselling Question ; The Arbitration. ...
practicable , and unjust ; that underselling in the booktrade always would exist ; that free-trade lowered prices , 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 books and patented articles , that "he had never heard of patentees combining to compel their agents to sell at a particular price /* Ho also insisted that the present
system had a tendency to generate extreme dishonesty , as many retail booksellers signed the agreement forced upon 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 Book sellers' 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 , and wider connexiQns , than the retail traders , to show that the great publishers were disinterested . He commented on Mr . Gladstone's speech , iiot 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 tf monstrous price , " as Mr . Gladstone did * but to the relaxation of the Copyright Act . He further said" Mr . Carlyle , in a letter he had written onUns subject , observed that , ' The spirit of the book trade , it is mournfully evident , is that ^ of modern trade generally—no better and no woxse- ^ a hand-to-mouth spirit , incapable of ever again payingfor even a Johnson ' s Dictionary . ' He ( Mr . Longman ) could only say that for years hia firm had been
endeavouring to find an author willing and competent to re-edit that work . They were willing to pay liberally , but they could not find an editor ; and if these remarks should induce any literary gentleman to undertake the duty , lie would thank Mr . Carlyle for bis remarkable letter . He believed there never existed a more enterprising body of publishers , than those of the present day . He held in his hand a list of fourteen volumes , published b y house within a few years , the first editions of which cost them above 6 Q , OCKW . Those editions varied in number from 1000 to 4000 copies ; their authorship cost the firm between 16 000 Z . and 17 , 0002 . ; and if every copy of those first editions had been sold , without reckoning a shilling for interest , there would have boon still a deficiency of about
10 , 000 Z . Finally , he gave 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 friends to decide . A few remarks were mado 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 . Grote , received again the deputation of the Booksellers' Association and their opponents ; and Lord Campbell read
THE JUDGMENT . " At a meeting of the Booksellers' Association , hold in London , on the 8 th of April last , the following resolution was unanimously agreed to s " ' That a conference bo invited between . Lord Campbell , in conjunction with a , few of our principal authors , and certain members of the bookselling trade , for tho purpose of deciding whether the Booksellers * Association shall be carried on undor its present regulations or not—it being understood that the decision of TLord Campbell and the othor literary gentlemen shall be binding on the committee , who agree , ii" the decision bo adverse , to convene tho trade , and resign thoir functions , '
• " We having boon solicited to act as roforooe in this matter , hayo not hesitated to do bo , in tho hope of rondorin / r Home service to the cause of literature . No question is put to us of law or morality . Wo arc * merely requested to way what , in our opinion , is reasonable and expedient . " We must begin by warmly applauding tho fairness with which the mombers of tho association have conduotcd themselves throughout this controversy . These gentlemen are no doubt sincerely convinced that the regulation !! under which the hooksolling trade is now carried on by them aro equitable and conducive to the public good . Nevertheloas they aro ready to abandon these regulations , if certain individuals , who were named by others , should , after hearing all that might be urged on both sides , come to a contrary conclusion .
" The substance of tie regulations submitted to us we understand to be , that all booksellers keeping a shop in London , or within 12 milesof the General Post-office , are to become members of the association , and are to receive a ticket entitling them to buy new books from the publishers ; that the publisher ? of new books specify si . retail prioe for each copy ; that they sell copies to the retail booksellers at about 30 per cent , under that price ; that they requfce an engiagemehtf ^ m the retail booksellers not to allow to their customers a larger discount than ; 10 per cent , from the retail price ; that withoutthis 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 .
" Having listened to very able arguments , having rqad everything which has come within our reach on either side , and having considered the subject very deliberately , we have unanimously come to the conclusion that these regulations are unreasonable and inexpedient . " We will How briefly state the grounds of bur opinion . " Such regulations seem , prime * jhcie , 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 oc * quired ! ¦ '"
_ "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 retair dealer t © sell at a lower price than the rifiinimiiTn 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 his 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 anecessary system of ' espionage , others continue with impunity to dispose of new books on any terms which they consider
remunerative . " ¦• •¦¦ "¦ .:, ¦ .-. .: : ¦' : ' . ¦ ¦• '¦ ¦ ,. ¦ ¦¦ . -: ¦ ¦¦ . „ " The arrangement between the publishers and the retail bookseller * is indeed said to be voluntary . We have been pressed by the fact that a , vast majority of the retail book sellers have given in their adhesion to the association , and have expressed a willingness toremainunder 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 , he cannot carry on bis business as a vendor of new publica tions ; and the means by which he lives are taken from him ; From many retail booksellers , now submitting to the
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 beconelusive of the 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 listless ness , and may be detrimental to tho community . " Mr . William Longman , 'Mr . Murray , and other gentlemen , who with so much ingenuity have advocated the ' Regulations , ' admit that the burden of proof is upon them , and that they ore bound to make out the book trade to be an exception to the rule that commerce is to be free .
They have mentioned other trades carried on at Manchester , " Derby , and elsewhere , in which , for peculiar reasons , gentlemen of eminence and respectability are said to have prescribed similar regulations . As to these supposed parallel casos we have not obtained any sufficiently authentic 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 the article purchased . But when tho supporters of tho association go on to rely ( as they have done very confidently ) upon the etiquette of tho bar , which fixes a minimum fee , less than which a barrister may not receive , we know that they aro under a delusion . The remuneration of an English barrister is not matter of contract . Tho
client presents to him a voluntary honorarium for which the law gives no remedy . A minimum is fixed , otherwise the Attorney-General might be offered 2 « . 6 d . or Gd . But that minimum is one guinea ; and if the plaintiff sues in forma pauperis , ho may , without paying any fee whatever , have the zealous assistance of tho most distinguished leader in Westminster Hall . " The first peculiarity pointed out to us in tho book trade is copyright ; and it has boon argued that as authors have protection , so ought those who circulate their works . The only protection given to authors is tho protection which tha law gives to property of every description . It has been decided by the most eminent judges , that on author has at common law , and according to tho eternal rules , of
justice , a property in what ho writes , so that no ono can print it or reprint it without bis permission . The statutes which have been passed upon this subject from the reign of Queen Anne to tho reign of Queen victoria , have boon in abridgment of tho rights of authors , giving thorn , by way of compensation , improved remedies when thoir property is invaded . " The next peculiarity pointed out in tho book trade is , that tho article asked for by a purchaser must bo genuine , and must always bo of tho same quality . But although there be no competition as to tho qualit y of this articlo , we do nob perceive why there may not bo a competition as to the price at which it may bo sold . And here the competition is lew dangerous to tho purchaser , lor he is
in no danger of having spurious wares palmed unon w ™ when attracted by lbwSess of price , . . * ° ^ JW f < Then we are reminded of the peculiarity that theauK Usher names the price at which , the book is to be sold ? " the customer ( which may be considered the toaximuto price ) , whereas the manufacturer in other trades entirelv leaves the price to be paid by the customer to be fixed bv the retail dealer . Some complain of this proceeding of tha publisher as a grievance . But admitting the expedience of the publisher continuing to name a retail price at which the book Is said to be published , thia can onlytie as a ffuide and cannot hifider the making of a fair bargain between the retail dealer and tho customer . At present h * ' . « £
rules of the association , the actual retail price may varv from , the publishing : price ; so that it is not more than 10 per'cent . lesa < ¦' ¦ : ' :: - '''•¦ ¦ ; ¦ ¦' ¦ ¦ ¦¦' . ' '¦" . ' . '¦ [ .. ' ' \ - ' " ' - ¦ " The consideration that has wei ghed most with xis « the peculiar modein which in the book trade the wares 'to be disposed of ore distributed . There is no doubt a great advantage to > Uterature in the existence of respectable booksellers' shops at reasonable distances in London , Edinburgh , and I ) ublin , and all provincial towns . By the exertions of these gentlemen a new work is made known more efficiently than by advertisements ; and the oppor , tunity of inspecting a copy of it on the counter no doubt often produces a purchase which might : not otherwise hav »
been thought of . We cannot put apprehend that , if the regulations in question are done away , with , and unlimited competition permitted , the number or retail establishments in the United Kingdom inaybe 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 ; and , according to all experience , the demand will increase as the price is diminished ( though not perhaps to the extent contemplated by some of the more ardent opponents of the ' Begulations . ' ) On the removal of an artificial protection in any department of industry astm * v rliaf-NAaa iti-imarlicif . ikiir fi"lllrvwa Kiltl fViA wliAloanmA
principles of commerce , When acted upon , ere long bring a remedy . And it may be Hoped that competition and low prices , large sales and quick returns ( perhapsi the greater energy and activity wiicb , maybe enforced ) may eventually add to the prosperity of the book trade , ana increase theprofitsofaJUconcernedin it . ¦ ' * Lastly , it has been , contended before us , that though the works of celebrated writersmightbe advantageously circulated and sold without the ' Regulations , ' and we sale of such works be rather impeded by them , yet the work * of linknown and second-ratawriters , however Useful and meritorious , could not , without a law against undersellin ? , be ushered into the world . Even if this were so , we should
still deny the justice of aiding dull men at the expense of men of genius ; sand , with a view to 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 , we have reason to think that in many cases the ' Itegulations' cramp the circulation of works wjdeh have merit without being popular . The demand being sraal ^ the price would naturally decline , and at the reduced price 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 is stopped , and the great hulk of the edition , after causing a large expense for warehouse room , goes to the trunkmakers . "' For these reasons we think that tho attempt to
establish the alleged exceptional nature of the commerce books has failed , and that it ought to be no longer carried on under the present regulations . We neither intend to affirm , however , that excessive profits are received in ^ any branch of the bookselling trade , nor do wo impute blame to any class of individuals , although we consider that tha system is faulty , and that the community would be suflerers , by its continuance . We likewise wish it to be distinctly understood that our disapproval of the < Eegulations ; extends only to the pretension of the publishers to dictate the terms on which the retail bookseller shall deal in his own shop , and to tho moans employed for enforcing tne proscribed minimum price which he is ordered to demana from his customers . ' » " These being abandoned , it eeems from the language oi the resolution under which , we act , that tho association must be dissolved .
" One gentleman who addressed us , asked ug , in case wo should condemn the existing regulations , tofframe new ones , under which the bookselling trade should be conducted . , « This we must wholly decline , M being beyond ourundortaking , and beyond the powers conferred upon us- ^ ^ Z haps the booksorfing trade will have tho best ca flnce T J flourishing without any special regulations of any ; sort . » there be entire freedom in the wansactions between ib publishers and the retail booksellers , the P ^ * f !^? prices and making or reflising allowances as they P" **? Let thorn deal with every one ( although untickejcaji wn brings monev in his purse , or whoso responsiDUwy » doubted : takinc core not- to encouracre the long »""_
nowed credit * wbioh aro said under the ^ , W 2 \«« nat have produced ao much mischief . The V ^^^ ZSSSui bouncf to trust any ono whom they believe to be ^ " " r ^ his wares by reok } oss undewelling , or to be ' ¦ c » fTy * » i . bwinofls without a profit auffloient for ¦ MWffi ?* tho venoy . But lot thorn not roquiro any p ledge iro » retail dealer to whom they Bell their books * 2 l £ | om which ho shall domand in re-solling thorn . A , ' rtgpority . of action , we hope , way tend to harmony ana pw' f . jj-Wo fool tho most sincoro rospoct and regard for " * ££ «& intollocfcual and honourablo body of men who aro ° " 9 * ,,. in the bookselling trade . As authors , we are < w » V J dobted to them for thoir valuable services . gn j " And we shall be amply rewarded for our law ^ anxiety , in , this ittquiiry U we- caa contribute u » a T ^ aVi » cod to thoir pormanont welfare , upoa whiflb . wo » x « . e | Jfl 01 i . that tho cauao of , Utoiftturo in this country ** " » tially dopond . ' *
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Citation
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Leader (1850-1860), May 22, 1852, page 4, in the Nineteenth-Century Serials Edition (2008; 2018) ncse.ac.uk/periodicals/l/issues/cld_22051852/page/4/
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