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

THE BOOKSELLING TRADE.

The repr.sentatives of the Booksellers' Asset:defier);
together v.ith a number of the uen-uonfortnin::, retail
bookt:ellers end publishers, met yesterday at Stratheden
House, for the purpose of hearing the decision 'of Lord
Campbell, Dr. Milman, and Mr. Grote, on the question
which had been submitted to them respecting the exist-
ieg regulation of the booksellirg trade, and their en-
fereetwet by mans of the Booksellers' Association.
Loud CAMPELL. with whom were his colleagues, Dr.
Milman and Mr. Grote, then delivered the decision of
the referees as follows:
" At a meeting o!. the Booksellers' Association held in
London the Bth of April Let, the following reso4.l-
- was unanimously agreed to:
6
That a conference be invited hetween Lord Camp-
bell, in corjunction with a few of our principal authen 8,
and certain members of the boolteeltieg trade, for the
eurpose of deciding whether the B Associ)-
tion shall be carried on under its present regulations or
Lot—it beiog understood that the decision uf Lard
Campbell end the other literery gentlemen shall be bind-
it g on the committee, who agree, it the decision be ad,
verse, to convene the trade, and resign their func:iens.'
" We havit g been solicited to act us referees in this
matter, have not, hesitated to do so, in the hope of ren-
dering some service to the cause of literature. No ques-
tion is put to us of law or morality. We ere merely
requ, stied to soy what, in our opinion, is reasonable and
expedient-.
" We must begin by warmly applauding the fairness
with which the members of the association have con-
ducted themselves throughout this controversy. These
gentlemen aro no doubt sincerely convinced that the
regu!ations under which the bookselling trade is now
carried on by them, are equitable and conducive to the
public good. Nevertheless they are ready to abandon
there regulations, if certain individuals, who were named
by others, should, after hearing all that might be urged
oa both sides, come to a contrary conclusion.
" The substance of the regulations submitted to us
we understand to be, that all booksellers keeping a shop
in London, or within twelve miles of 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 publishers of new books
specify a retail price for each copy; that they sell copies
to the retal booksellers at about 30 per cent. under that
price; that they require an engagement from the retail
booksellers not to allow to their cutlomers a larger dis-
ceunt than 10 per 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 cog tgement they forfeit their tickets, and are cut
off from any further dealings in new books with the
puhishsrs.

" Having listened to very able arguments, having read
everything which has come within our reach on either
side, and having con,idered the subject very deliberately,
we have unanimou4y c.lne to the conclusion that these
rt gulations are unre9sonable and inexptdient.
" 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
iu c;irnmercial transactions. Although the owner of pro-
potty may put what price he plates upon it when sell-
ing it. the condition that the purchaser, after the pro-
perty has lacten transferred to him, and he has paid the
purcim,e-moriey. shall not resell it under a certain
price, derogates from the rights of ownership, which, as
purchaser, he has acquired.
"It is obvious, likewise, that these regulations must,
in practice, lead to vexatious inquiries and to fraudulent
ovasi:,ns. The alleged necessity for them suppo,,es thet
there rxista a strong inducement- for the retail dealer to
sell at a lower price than a minimum permitted by the
publiOicr. Without a rigorous pnlice in the trade, while
the c_ndition atoirx,Jl to the sale is observed by the
,triedy rionourabe retailer to the serious detriment vt
tits business?, it will be disregarded by. the less scrupu-
lous. Lis!sric*l.s oec:ir of retailers. detected in under
haling bean expelled from the association in 0
manner which musi he very paint& to their reeling. arses
injurious to their interest.; and 'here is reason. to be-

live that, notwithstarding a ntecssaiy sympm ( f
espionage. others e ,ntinue with impunity to dispose of
new b,-)oltl on any terms which they consider ream-

nerutive.
The arraegements between the publishers and
the retail I:eioksellera is, indeed, said to be ',taunter).
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 willingnes to re-
main under its rule. But although there be no employ-
meat of ph) bleat force, or threats, which the law forbids,
we doubt much whether this acquiescence 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 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 trade,men in other branches of industry.
But even 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 not
essential to their permanent interests, and although it
may lull them into habits of listlessness, and may be
detrimental to the community.
"Mr. William Longman, Mr. Murray, and other gen-
tlemen, who, with so much ingenuity have advocated
the' Regulations,' admit that the burden of proof is
upon them, and that they are bound to make out the
Mack 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 'es to pronounce 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 inarvidual who was making an unfair use of the
article put chased. 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 are under a delusion. The
remuneration of an English barrister is not matter of
contract. The client presents to him a voluntary ho-
norarium fc,r which the law gives no remedy. A mini-
mum is fixed. othi rsvise the Attorney-General might
be offered 2.. 6d. or 61 But that minimum is one
guinea; and if the plaintiff sues in formez pauperis, he
may, without paying any fee whatever, have the zE aka!
as.,i,Nrice of the must distinguished leader in West-
minster-hall.

" The first peculiarity pointed out to ns in the book
trade is copyright; end it has been algued that as
authors have protection, so nuaht those who circulate
their works. The only protection given to authors is
the protection which the law gives to properey of,every
deeccipii en. It has been decided by the most eminent
ildges that at, author has at common law, arid accord-
ing to the ett,ronl rules of justice, a property in what ha:
wrue#, so ,has DO one' curs pant it or reprint it without
his perreissiore. The statutes a hieh have been passed
upon this sul j. ct. from the 'Op or Q teen Anne to the
r, ign ~t 149,(11 Veeeria, have been en abridgment, 41
t:;e rights (I au'hurN, giving them, by way of compensa-
tion, improved remedies when their property is invaded.
" rhe next peeuUarity fa.htt.,l out in the book trade
as that the article eedted for by a purchaser must be
genuine, and must always be of the seine quality. But
althoueh there be no competition as to the quality of
this article, we do not pere, ive why there may not he a
ceineoition bs to the price at
which
it may he sold.
Anti here the comp titiou is -less dangerous to the put-
, ha eta tor he is in no danger of having spurious wares
palmed upon him when attracted by lowness of price.
" Then ske are reminded of the pculiarity that the
publiseer 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 be. fixed
by the retail dealer. &me 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 ouly be as a guide, and cannot hinder the making of
i a Lir 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 bo disposed of
are distributed. There is no doubt
a great advantage to literature in the existence of re-
spectable booksellers'h sho
•
made knowshops at reasonable distances in
Landon, Edinburgh, and Dublin, and all provincial
towns. By the exertions n
more
of these gentlemen a new work is
DO doubt often'
the opportunity ofefficiently than by advertisements; and
.-i!ePeeting a copy of it on the counter
otherwise have
born thought
a purchase which might not
hind that, if the reauCghL of.
We cannot but appre-
of retail establishments Pia ti.hti"
with, and unlirrett
permitted, the number
direinti:hbleidshroreantit the existence of a larger
d com"eir-in question are done away
considerably
is necessary to sop-
a net United Kingdom may be
ie.s.u.naticerro;ain
a;
nilstllyratblieercoutesremtaeidlietys to the public hasan evident tendency
atchcording to all
to raise the price to the corn
experience, the demand li i
varnished, though not perhaps to the extent oeoPrieraepitsata-'
by some of the more ardent opponents of th:t.eß
gain
does.' On the removal of an artificial protection it an;
department of industry some distress immediately
follows; but the wholesome principles of eammeree,.when
acted upon, ere long bring a remedy. And it may he'
cm,gy and activity
largo. galas and
which ma} be eti(orced), mey e
hopedquick
n
rtehtautrnesom(pPeerthitairs thead gatlorewpri
e r energy
ve tualty add to theprors-t
pert of ' hods tratia, and increase the profits-of all
, ti-e
coaceened in it.
'
Lastly, it has Leell ntend( d before us. that Eh' ugh
. co
the weeks of celelorwed svritets,might be advantag,,ndy
eireula,ei, and acid viith.Jut the ' Regulations,' and the
ye
e.-
of such works be rather impeded by ;hoe, ye.-
, the
w-6'l,i ef, unknown anti second rate writers, heivreyer
useeul and tneeitorietoa could riot Without a law evilest
undersellieg, be usliereet into the world. Even if this
w re '`'• vvi? should still deity the justice of :tiding dull
teen at the expense ,if f jug. and, with a view
t() Pehhc i er men get' . . .e. , ,
1, TIC,
) i Inr""'nierlts we should doubt the LA p - Y
(,)f eh ,'eking the eirenlatiGn of that which is most excel
tent, to eacowage that which g' lees valuable il:f"-
iii then, end les, ax •
qu sit° Pleasure Moreover, we is
reason to think that in in . the ' Rsgulatieria'
cramp the cireulaqun ef works
cases
wilts which have meta,
with-
out kite; popular. The
dat demand being emaP, the price
would neeue ully decline, en the reduced price Of re
might still be is cousiderable numberb of purchasers. But
as the minimuca price fixed Ytl
rigidly insisted Upon, the sale is
stopped,
publiblier mast be
topped, and -he great
bulk of the edition, after causing
440 i . -
wlze ow), goo to the truokaik
a large epee for
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