The Sun.
London, England, 1852-05-20 00:00:00

THE BOOKSELLING TRADE.

The repr,sentatives of the Booksellers' Association,4
together with a numbar of the non-eunlorming retell
booksellers and publishers, met yesterday at Stratheden
House, for the purpose of hearing the decision of Lord
Campbell, Dr. Milman, and Mr. Grote, en t'•;e queStiiiiij
which had been submitted to them respecting the exist-
ing regulation of the booksk-Alieg trade, Prod their en-
forcement by means of the Booksellers' Association.
Lord CAMPELL, with whom were his colleagues, Dr.
Milman and Mr. Grote, then delivered the decision of
the referees as follows:

" At a raeeting of the Booksellers' Association held in
London the Bth of April last, the follewice. resolu-
tion was unanimously agreed to:-
6" That a conference be invited between Lord Camp:"
hell, in corjunction with a few of our principal authors,
and certain
of
fn
decidingmb members of the booleseliing trade, fur the
p
whether the Booksellers' 'Associa-
tion shall be carried on under its present regulations or
not—it beieg understood that the decision of Lord.
Campbell eed the other liter=ary gentlemen sla.tl he bind-
ing on the committee, who agree, if the decision be ad.
verse. to convene the trede, and resign their functions.'
" We bevirg been solicited to act es referees in this
matter, have not hesitated to do so, ie the hope .of rea
de. leg sena° service to the cause of literature. No ques-
tion is put to us of law or morality. We are merely
re(111( seed to say what, in our opinion, is reasonable and
expediena
We must begin by warmly applauding the fairness
wi,h which the members of the association have con-
dtleted themselves throughout this controversy. These
gently: men are no doubt sincerely convinced that the
retett!ations under which the bookselling trade is now
carried can by them, are equitable and conducive to the
public good. Nevertheless they are 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 the regulations submitted to us
we understand to be, that ill booksellers keeping a shop
in London, or within twelve miles of the General I)..st-
office, are to . become members of the association, and
are to receive a ticket entitling them to buy new hoeles
from the publishers; that the publishers of new books
specify a retail price for eech copy; that they sell copies
to the retell booksellers at about 30 per cent. under that
price; that they require stn engagement from the reteil
booksellers not to allow to their customers a larger die-.
ccunt than 10 pc a. cent. from the retail price; that with-
out this engagement, the retail dealers cannot be sup-
plied with copies of new books; and that for a breach of
this evg,geruent they forfeit their tickets, and are cut
off from any further dealings in new books with the
publishers.

" flaying listened to very able arguments, having read
everything which has come within our roach on either
side. and having considered the subject very deliberately,
we have unanimously citne to the conclusion that these
regulations ere unreasonable and inexpedient.
" We will now briefly state the grounds of our
opinion.

"Such regulations seem prima facie to be indefensi-
ble, and contrary to the freedom which ought to prevail
in commercial transactions. Although the owner of pro-
perty may put what price he pleases upon it when sell-
ing it, the condition that the purchaser, after the pro-
perty has been transferred to him, and he has paid the
purchase-money, shall not resell it uuder a certain
price, derogates from Ihe risshts of ownership, which, as
purchaser, he has acqured.

" It is obvious, likewise, that these regulations must,
in pnvice, lead to vexatious in quiries and to fraudulent
evasions. The alleged necessity for them supposes that
there exists a strong inducement for the retail dealer to
sell at a lower price than a minimum permitted by the
publish,r. 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 scrupu-
lous. Instances occur of; retailers, detected in under-
selling, 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 be-
li‘ve that, notwithstanding a necessary system of
espionage, others continue with impunity to dispose of
new books on any terms which they consider remu-
nerative.

" The arrangements between tl:e publishers and
the retail boekseilers 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 willingues to re-
main under its rule. But although there be no employ-
ment of physical force, or threats, which the law forbids,
we doubt much whether this acquiescence may no', 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 his bu-
siness as a vendor of new publications; and the means
by which he lives are taken from him. From many re-
tail 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 oven the entire unanimity of the retail booksellers
would not be conclusive of the question; for they may
dread to be deprived of an artificial protection to which
they have been long accustomed, although this be net
essential to their permanent interests, and although it
may lull them into habits of listlessness, and may be
detrimental to the community.

"-Mr. William Loegman. Ir. Murray, and other gen-
tlemen, who, with so much ingenui'y have advocated
the ' Regulations,' admit that the burden of proof is
upon them, and that they are bound to make out the
bock trade to be an exception to the rule that com-
merce 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 regu-
lations. As to these supposed parallel cases we have
not obtained any sufficiently authentic information to
enable us to pronource upon them, although we suspeot
that they would resolve themselves into a control exer-
cised over agents, on a very reasonable refusal to deal
with an individual who was making an unfair use of the
article purchased. But when the supporters of the asso-
ciation go on to rely (as they have done very confi-
dently) upon the etiquette of the bar, which fixes a
minimum fee, less than which a barrister may not re-
ceive, we know that they pare under a delusion. The
remuneration of an English barrister is not matter of
contract. The client presents to him a voluntary ho-
norarium for which the law gives no remedy. A mini-
mum is fixed, otherwise the Attornoy-General might
be offered 24. 6d. or 6d. But that minimum is one
guinea; and if the plaintiff sues in final pauperis, he
may, without paying any fee whatever, have the zealous
assistance of the most distinguished leader in West-
minster-hall.

' " The first peculiarity pointed out to us in the book
trade is copyright; and it has been argued that as
authors have protection, so ought those who circulate
their works. The only protection given to authors is
the protection which the law gives to property of every
description. It has been decided by the most eminent
judges that an author has at common law, and accord-
ing to the eternal rules of justice, a property in what he
writer, so that no one can print it or reprint it without
his permission. The statutes which have been passed
upon this subject, from the reign of Queen Anne to the
reign of Queen Victoria, have been an abridgment of
the rights of authors, giving them, by way of compensa-
tion, improved remedies when their property is invaded.
" The next peculiarity pointed out in the book trade
is that the article asked for by a purchaser must be
genuine, and must always be of the same quality. But
although there be no competition as to the quality of
this article, we do not perceive why there nay not be a
competition as to the price at which it may be sold.
And here the competition is less dangerous to the pur-
chaeer, for ho is in no danger of having spurious wares
palmed upon him when attracted by lowness of price.
" Then we are reminded of the peculiarity that the
publisher names the price at which the book is to be sold
to the customer (which may be considered the maximum
price), whereas the manufacturer in other trades entirely
leaves the price to be paid by the customer to he fixed
by the retail dealer. Some complain of this proceeding
of the publisher as a grievance. But, admitting the
expediency of the publisher continuing to name a retail
price at which the book is said to be published, this
can only be us a guide, and cannot hinder the making of
a fair bargain between the retail dealer and the custo-
mer. At present, by the rules of the association, the
actual retail price may vary from the publishing price,
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 re-
zenoronble booksellers' shops.at reasonable distances in
, Edinburgh, and Dublin, 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
thought flt;pourchase which might not
We cannot but appre-
hend that, if the regulatigonst question are done away
with, and unlimited corepetitilonpermitted, the number
of retail establishrnenta in the United Kingdom may be
considerably diminished. But the tistence of a larger
neerciesAary to sup-
number of retail establishments than
ply the commodity to the public hasenand,
according to
to raise the price to the consumer;
to all
experience, the demand will increase as the price is di-
minished, though not perhaps to the extent contemplated
by some of the more ardent opponents of the s Regula-
tions. 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 bring a remedy. And it may
and
quick
hoped that competition and low prices, largo le
quick returns (perhaps the activity
which the greater energy and
which may be enforced),
d , may eventually add to the pro,
perty of t, , a book trade, increase
and the profits of alt
concerned in it.
" Lastly, it has been contended before us, that thr ugh
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 mentorioua, could not r ithout a law against
underselling, be ushered into the world. if
Even this
wore so, we should still deny the justice of aiding dull
men at the expense of men of genius; and, with a view
to public improve ment,
we
should doubt the expediency
of checking the circulation of that which is most excel-
lent, to
.eecourage that which gives less valuable infor-
mation, and less exqu'site pleasure. Moreover, we have
reason to think that in many cases the Regulations'
cramp tho circulation ef works which have merit, with-
out being popular. The demand being
small, the price
would naturally decline, and at the reduced price here
might still be a considerable numberf t
publisher pnrcbasers. But
as the minimum price fixed by themust
be
rigidly insisted upon, the sale is steppe,i_
and the great
bulk of the edition, after causing a large expense for
warehouse rum, goes to the trunkmakers.

U

tiN

"Fortheie reasons we think that the attempt to eata-
bl all the ~Iloged excEptional nature of the coLcinere, in
ho,)ks has.faitt cl, aud that it ought to be no longer car-
ried" un'der tho p.resnt rigulatilni. We neither in-
to affirm, ku.}wever, that eacessii.e profits are re-
rivatin'atty-litcinch of the baokselling trade, nor do we
impae'blitne to any class or individuate, although we
c uisider thel the system is faulty, ftnd that the commit
pity would he sufferers by its continuance. We likewise
wish it to be distinctly understood that our disapproval
of the 'Regulations' extends only to the pretension of the
publishets'to dietate -the terms on wllioh the-retail book-
s‹-lier shall deal in his own shop, and to the means em-
ployed for enforcing the prescribed minimum price which
he is ordercd to demand from his customers.
t' These being abandoned, it seems, from the language
'of thdreiniution tinder whiCh we act, that the associa-
tion must be dissolved. _ _

" Ono gentleman mho addressed us asked us, in cam
we should. condemn the existing regulations, to frame
new ones under which the hookselliug trade should be
conducted.

" This we must wholly decline, es being beyond our
undertAieg, and beyond the powers conferred upon us.
Perlsapa the bookeelling trade will have the best chance
cf ficnrishing Without -any special regulations of any
sort. Let there In entire freeet)m in the transactions
between the publishers and the retail bookseller, the pub-
lishers asking prides and making or refining allowances
as they please.. Lot them deal with every one (although
unticketed) who brings money. in his purse, or whose
responsibility is undoubted, taking care not to encourage
tho long and renewed credits which aro said under the
existing system to have produced so much mischief.
The publishers are not bound to trust any one whom
they believe to be sacrificing his wares by reckless under-
selin,g, or to be carrying on business without a profit
sufficient for maintaining solvency. But let them not re-
quire any pledgo from the retail dealer to whom they
sell their books as to the price which he shall demand
iu reselliog them, Thus, freedom of action, we hope,
may tend to harmony and prosperity. We feel the most
sinc,ro reap et end regard for the highly intellectual and
honourable body of men who are engaged in the book-
selling trade. As authors, we are eeply indebted to
them for theit' valuable service.%

" And we ehsil be amply rewarded for our labour and
anxiety in this inquiry if we can cAltribute in any de-
gree to their permanent welfare, upon which, we are
convinced, that the cause of literature in this country
dust essentially depend."
At the conclusion of the judgment,
Mr. W. LONGMAN said—Allow me, my Lord, on be-
half of the gentßmen with whom lam connected as re-
ore.,euting the association, to express our thanks for the
very courteous.manner in which we have been received,
the attention with -which the whole of the arguments
have been listened to, end for the extremely able deci-
sion which your .Lordship has jest delivered. There is
rmis, otto point to which I should be anxious to state
few words in reply.
Lord CAMPBELL—No, no, we cannot admit of any
reply to the Court.
Mr. CHAPMAN, on behalf of the opposition, tendered
his hest thanks for the courteous attention which its
members had received.
Lord CAMPBELL—My colleagues, as well as myself,
reel that the whole affair has been Conducted in
manner-which reflects the highest honour and credit
upon all parties concerned.
Mr. GROTE—Peimit me to say that there is no part
of the decisiOn just read in which I more heartily con-
cur, than in the paragraph having reference to the mode
in which the easo has been conducted.
Dr. MILMAN—And I fully concur in that opinion.
The deputation, which consisted mainly of the came
;entlemen who had attended on previous oenssions, then
withdrew.