.64t Yattr ovult s.

The "bookselling question" has been decided by the court of honour to which it was voluntarily submitted by the members of the Booksellers Association. Lord Campbell, Dean Milman, and Mr. Grote, heard fur- ther arguments on the case by both the parties on Monday; and on Wed- nesday Lord Campbell delivered the decision on which the arbitrators had imanimously agreed.

It commenced with a recital of the resolution passed at a -meeting of the Booksellers Association in April last, proposing the arbitration which has been gone into, and engaging to abide by the decision of the arbitrators. The body of the decision we give entire.

" We having been solicited to act as referees in this matter, have not hesi- tated to do so, in the hope of rendering some service to the cause of litera- ture. No question is put to us of law or morality. We are merely requested to say what, in our opinion, is reasonable and expedient. "We must begin by warmly applauding the fairness with which the mem- bers of the Association have conducted themselves throughout this contro- versy. These gentlemen are no doubt sincerely convinced that the regula- tions under which the bookselling trade is now carried on by them are equit- able 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 con- trary 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 re- ceive 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 retail booksellers at about 30 per cent under that pore; 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.

"Having listened to very able arguments, having read everything which has come within our reach on either side, and having considered the sub- ject 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 facie 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 acquired.

"It is obvious likewise that these regulations must, in practice, lead to vexatious inquiries 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 the minimum permitted by the publisher. ith.- out 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, loving been expelled from the Associa- tion 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 ne- cessary 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 booksellers is in- deed, said to be voluntary. We have been pressed by the fact that a vast ma- jority of the retail booksellers have given in their adhesion to the I smciatton, 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 acquiescence may not, in a considerable degree, be ascribed to coercion. Without the ticket,' testifying that a retail book- seller is qualified to deal with the publishers, he cannot carry on his business as a vendor of new publications- and the means by which he lives are taken from him. From many retail booksellers, now subinitting 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 be conclu- sive of the question ; for they may dread to be deprived of an artificial pro- tection to which they have been long accustomed, although this be not essen- tial 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 have advocated the 'Regulations,' admit that the burden of proof is upon them, and that they are bound to make out the book-trade to te an exception to the rule that commerce is to be free. They have men- tioned 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 cases, we have not obtained any sufficiently authentic information to enable us to pro- nounce upon them, although we 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 the supporters of the Association go on to rely (as they have done very confidently) upon the etiquette of the bar, which fixes a minimum fee, less than which a barrister may not receive, we know that they are under a de- lusion. The remuneration of an English barrister is not matter of contract. The 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 2s. &L-or 6d. But that minimum is one guinea; and if the plaintiff sues in form ft pauperis, he may, without paying any fee whatever, have the zealous assistance of the most distinguished leader in Westminster 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 gires 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 writes, 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 Vittoria, have been in abridgment of the rights of authors, giving them by way of compensation, 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 may not be a competition as to the price at which it may be sold. And here the competition is less dangerous to the purchaser, for he 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 con- sidered the maximum price,) whereas the manufacturer in other trades en- tirely leaves the price to be paid by the customer to be 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 prise at which the book is said to be published, this can only be as a guide, and cannot hinder the making of a fair bargain between the retail dealer and the customer. 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 respectable booksellers' shops at reasonable distances in London Edinburgh, and Dub- lin, and all provincial towns. By the exertions oethese gentlemen a new work is made known more efficiently than by advertisements ; and the op- portunity 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 are done away with, and un- limited 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 com- modity to the public has an evident tendency to raise the price to the con- sumer ; 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 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 bring a remedy. And it may be hoped that competition and low prices, large sales and quick returns, (perhaps the greater energy and activity which may be enforced,) may eventually add to the prosperity of the book-trade, and increase the profits of all concerned in it.

"Lastly, it has been contended before us, that though the works of cele- brated 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 merito- rious, 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 men of genius ; and, with a view to public improve- scent, we should doubt the expediency of checking the circulation of that which is most excellent, to encourage that which gives less valuable in- formation and less exquisite pleasure. Moreover, we have reason to think &at in many cases the Regulations' cramp the circulation of works which have merit without being popular. The demand being small, the price would naturally decline, and at the reduced price there might still be a con- siderable number of purchasers. But as the minimum price fixed by the publisher must be rigidly insisted upon, the sale is stopped, and the great bulk of the edition, after causing a large expense for warehouse room, goes to the trunkmakers.

"For these reasons, we think that the attempt to establish the alleged ex- ceptional nature of the commerce in books has failed, and that it ought to be no lenger 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 we impute..blame to any class or individuals, al- though we consider that the system is faulty, and that the community would be sufferers by its continuance. We likewise wish it to be distinctly under- stood that our disapproval of the Regulations' extends only to the preten- sion of the publishers to dictate the terms on which the retail bookseller shall deal in his own shop, and to the means employed for enforcing the Prescribed minimum price which he is ordered to demand from his customers. "These being abandoned, it seems, from the language of the resolution under which we act, that the Association must be dissolved. "One gentleman who addressed us, asked us, in case we should condemn the existing regulations, to frame new ones, under which the bookselling trade should be conducted.

"This we must wholly decline as being beyond our undertaking, and be- yond the powers conferred upon us. Perhaps the bookselling trade will have the best chance of flourishing without any special regulations of any sort. Let there be entire freedom in the transactions between the publishers and the retail booksellers, the publishers asking prices and making or refusing allowances as they please. Let them deal with every one (although un- ticketed) who brings money in his purse, or whose responsibility is undoubted ; taking care not to encourage the long and renewed credits whfch are said un- der 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 underselling, or to be carrying on business without a profit suffi- cient for maintaining solvency. But let them not require any pledge from the retail dealer to whom they sell their books as to the price which he shall demand in re-selling them. Thus, freedom of action, we hope, may tend to harmony, and prosperity. We feel the most sincere respect and regard for the highly intellectual and honourable body of men who are engaged in the _ bookselling trade. As authors, we are deeply indebted to them for their valuable services.

"And we shall be amply rewarded for our labour and anxiety in this inquiry if we can contribute in any degree to their permanent welfare, upon which we are convinced that the cause of literature in this country must es- sentially depend."

Mr. William Longman, on behalf of the members of the Booksellers Association, expressed their thanks for the courteous manner in which they had been received, the careful attention with which the arguments had been listened to, and the extremely able decision which had just been delivered. There was but one point on which he was anxious to say "a 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 warm thanks.

Lord Campbell—" My colleagues, as well as myself, feel that the whole affair has been conducted in a manner which reflects the highest honour and credit upon all parties concerned." Mr. Grote—" Permit me to say, that there is no part of the decision just read in which I more heartily concur, than in the paragraph having reference to the mode in which the case has been conducted." Dean Milman—" And I fully concur in that opinion." The "court" then broke up, and the attendant suitors retired. •

We may add to the account of the terminated proceedings, that at the final arguing of the question on Monday, Mr. William Longman made two statements which somewhat relieve the publishing trade from the charge made ;by Mr. Carlyle, that its spirit is "a hand-to-mouth trade, incapable of ever again paying for even a Johnson's Dictionary." Mr. Longman stated that his firm has for years been endeavouring to find an author willing and competent to refidite that work ; they have been wil- ling to pay liberally, but could not find an editor; and if those remarks should now induce any literary gentleman to undertake the duty, Mr. Longman would thank Mr. Carlyle for his remarkable letter. In further proof of the enterprise of the present publishers, he stated, that he had then in his hand a list of fourteen volumes published by his house within a few years, the first editions of which cost them 60,0001.: those editions varied in number from 1000 to 4000 copies; the authorship of them cost between 16,000/. and 17,000!.; and if every copy of those first editions had been sold, without reckoning a shilling for interest, there would still have been a deficiency of about 10,000/. With regard also to the price of books, the tendency now is to publish good books as cheaply as possible : Mr. Murray published his "Readings for the Rail," and Mr. Longman's firm their • Traveller's Library " ; and they were still striving to see who should bring out the best books at the cheapest rate.

A considerable advance has been made towards realizing the scheme for combining the local Literary Institutions and Mechanics Institutes of the country with the Society of Arts, proposed by Mr. Harry Chester, and lately explained by us. At the house of the Society in the Adelphi, on Tuesday, there was a Conference between a large number of delegates from the Local Societies of the country, and leading members of the London Society. Tho delegates were gentlemen of influence from the various places ; and among the members of the Society who met them were the Marquis of Lansdowne, the Earls of Granville, Harrowby, and Carlisle, the Bishop of Oxford, Dean Milman, Mr. Joseph Hume, and sonic other Members of the House of Commons.

The Marquis of Lansdowne presided, and opened the proceedings with a short speech setting forth the objects of the Conference.

On the one hand, the Society in whose house they were assembled was the parent institution of all those that had grown up in this country for the ge- neral furtherance of science. In the lapse of many years it had numbered among its members a very large number of all the most eminent persons of the country, and had been honoured both with the patronage and the active support of some of the most enlightened and distinguished members of the Royal Family of this country. On the other hand, there were present re- presentatives of 350 of the local institutions throughout the country—the total number of those institutions being 446, and the number of their mem- bers 70,000. Let the basis of the combination now to be carried out be a principle of perfect independence ; and let the sole object be the true and useful communication of knowledge—for though there were great doubts with regard to the centralization of power, there need be no doubt about the utility of centralizing knowledge. At the same time, let there he the utmost latitude allowed for such provincial institutions as have connected the pur- suits of science and literature with objects of amusement, for it may be be- neficial and useful to permanently connect those objects. Some asked for lecturers, some for statistical information, some for hooks, others for means of public exhibitions : all these objects were most worthy of promotion by the Society. "I believe that any assistance you can give in this way will be repaid amply to you and the public, and that those waters of knowledge which you will diffuse will, like those gathered from the ocean, come back to you by refreshing the streams in which they originated, into that .great reservoir which it is the pride of the metropolis to offer to the admiration of the country."

The business proceeding formally, resolutions were moved and debated, and practical points suggested by members of the Society and delegates were discussed. The principal resolutions passed were these— .

" That the success of literary and scientific institutions, and mechanics institutes, in the cultivation of literature, science, and art, and in the diffu- sion of useful knowledge, might be powerfully promoted by the combination of many institutions in union with the Society of Arts, on the basis of _per- fect security to the continued independence of the institutions, and the free- dom of their self-government."

"That the pecuniary conditions of union should be calculated to protect the Society from loss, and to afford to the institutions the full value of the payments which they may make." -

In the evening, a numerous party of those present at the Conference

dined at Freemasons Tavern ; the 'Earl of Carlisle in the chair. Next day there was another business conference between a committee of the Society of Arts and the delegates ; at which a further progress was made in the arrangements for carrying the union into effect.

A new department, styled the Department of Practical Art, has, since the Great Exhibition closed, been added to the Board of Trade. In point of fact, this department is neither more nor less than a kind of central directing School of Design. It has been placed under the direction of Mr. Henry Cole, C.B. ; and Government has given it a locus in Marlborough House. There a suite of rooms have been fitted up as class-rooms, a theatre for lectures, and a museum in which "manufactures of a high order of excellence in design or of rare skill in art workmanship" are exhibited. T000mmence this museum, Government granted 5000/. for the purchase of -specimens from the Great Exhibition ; and of this sum 4217/. is. 5d. has been expended on textile manufactures, chiefly from the East Indies, 'works in metal, mainly from France, enamels, ceramic manufactures, and wood-carving. These objects, uniting beauty in art and usefulness for the ordinary purposes of life, have been collected with the view of fur- nishing the students of the Schools of Design with studies and examples.

• The museum, together with the annual exhibition of the works of the stu- dents in the Schools of Design, were opened to the public on Thursday. The characteristics of the exhibition are these : the barbaric Orientals and the old workmen of France and Italy show a thorough command of hand work and material, in the freedom which gives life to completeness of de- sign, and in the power of subduing splendid material to an harmonious effect ; while our young students exhibit promise, especially in the more mechanical and smaller works, especially in lace and textile designs.

The greater portion of the new fish-market at Billingsgate was opened for trade on Monday morning : the remains of the old market are to be cleared away, and the new building extended over the site. Six arcades are already finished, 180 feet long by 20 wide ; and there will be three more. In the centre there is a fountain and large basin. Beneath the principal market there is a " sub-market," with stores, ice-rooms, boil- ing-houses, and engine-room.

A case is now before the Bankruptcy Court in which the liabilities are enormous. The bankrupt is Frank Castelli, a merchant of Bury Court, St. Mary Axe ; the liabilities are 850,000!.; the assets yet realized by the of- ficial assignee are 50004 only, but something more considerable is expected eventually.

Mr. John Chapman, the publisher, has been fined 40s., with 2s. costs and 58. forfeit, for not sending a copy of the January number of the Westminster Review to the British Museum. From the investigation at Bow Street it would seem that the omission was accidental : a clerk had "ticked" a book as having sent the number with two volumes of "Story's Life," and the latter had been received at the Museum. It appeared also that Mr. Chap- man had been fined before ; and he and his clerk declared that Mr. Panizzi, Soeper of the Printed Books, had exhibited an animus against Mr. Chapman, in consequence of something about himself which appeared in the Review. Mr. Paused denied this; and Mr. Hall refused to go fully into it, as it was irrelevant to the case.

At the Central Criminal Court, on Saturday, Felix 3:Mee was tried for shooting Michael Collins. There was a disagreement among the members of a Temperance Society at Westminster ; M'Cree took possession of a room be- - longing to the Society, locked the door, and, armed with two pistols and a cutlass, declared no one should enter. His brother members forced open the door ; M‘Geo presented a pistol, but it missed fire ; the second he 'discharged, and lodged some fifty shots in Collins's abdomen. When ar- rested, WGee had reloaded the pistoL Collins. was in danger for some time. The Jury convicted on a count charging an intent to do "grievous bodily harm." The intemperate Teetotaler was sentenced to be transported for ten years.

Four boys were indicted under "Lord Campbell's Act" for a felony, as having "done an act tending to endanger the lives of passengers on the Great 'Western Railway. On several occasions a gate had been removed at an occupation-crossing at Southall ; cattle might in consequence have strayed on to the line, and perilled the safety of trains. The place was watched, and the prisoners at the bar were seen to take the gate down and lay it in a field. Baron Platt stopped the case, as he did not think the of- fence came within the provisions of the act : the boys had put the gate into a field, not upon the rails ; ifs cow had strayed upon the line and a disaster resulted, the cow, not the boys, would have been the cause of the mischief. Mr. Clarkson said he expected this objection ; but a Magistrate had com- mitted the prisoners, and the Company felt bound to prosecute. The Judge remarked, that the boys richly deserved the imprisonment they had suffered : though they escaped under this act of Parliament, they must not think that they were not amenable under some other law.

Leon Joseph Nerinkx, a lawman, who had pleaded guilty to an indictment for fraudulently obtaining goods from his creditors within three months of his bankruptcy—his object being not to trade but to raise money by pledging them—was sent to prison for six months.

Holmes, Jacobs, and Willnough, were tried for stealing an iron chest con- taining 2151. from a baker's at Poplar. The particulars of the case have been already detailed. The evidence was entirely circumstantial; and the Inry thought it inconclusive. Verdict, "Not guilty."

A drunken Roman Catholic was so exasperated by hearing Mr. Cooke, a street-preacher, speak disrespectfully of Popes, that he struck him on the head, and broke the stand from which be preached. The delinquent was in peril from the anger of those who were listening to the sermou ; but the Police took him away. He was locked up from Saturday till Monday, and then the Lord Mayor decreed that he should pay for the repair of the pulpit.

A great Ore burst out on Tuesday night in the cooperage of Messrs. Owst and Co. at Bermondsey Wall; it spread thence to adjoining premises, and to vessels lying alongside the wharf. For a considerable time, the tide being down, there was a sad scarcity of water, and the numerous engines could there- fore effect little ; but eventually the flames were conquered. Messrs. Owst and Co.'s warehouse and contents, and that of a slate-merchant, were de- stroyed; other premises were much damaged ; a smack and a schooner were consumed, and a second schooner and other vessels suffered considerably. The fire at its height presented a very grand appearance ; the reflection was seen at Gravesend and at Windsor. There are suspicions that the mischief was wilfully caused, and the Police have arrested several persons.

A. serious explosion of gas occurred on Wednesday morning at the gas- works in the Old Kent Road, on the Surrey CanaL Three men were repair- a "Ivo in the ralve-house ; there was a considerable escape of gas, yet a tire was allowed to burn in an adjacent room; and the gas came in con- tact with this fire. The building was wrecked, and the workmen painfully burnt; but prompt measures to extinguish the iianies prevented further ex- tension of the mischief.