CATALOGING IN LEGISLATIVE REFERENCE WORK

The state which studies the laws and experience of other states and

countries in order to bring to its own statute books the best features

of each, combined with the results of original work, confronts a

problem of no small dimensions. The mass of laws put forth by the

forty-eight states of this country is so overwhelming that it is

practically impossible for one man thoroughly to comprehend their

merits and disadvantages. The legislative reference library, therefore,

must be of service in helping to select that which is worthy of

imitation, at the same time discarding the impractical features.

The reasons for the success or failure of such laws, and the

differences in economic or local conditions in two communities must

always receive serious consideration by those who are endeavoring to

meet the advancing economic demands for properly constructed and better

laws. The comparative element of this vast accumulation of material

must always be remembered, not only in the care, but also in the

gathering of material, if the library is to serve its highest purpose.

Because of this and other well known characteristics of a library of

this type, the demands are of a peculiar nature and cannot be met by

the ordinary library material treated in the usual library method. It

is more or less of a quasi-library, requiring an adaptation of library

processes to a combination of office and library work. As a result

of this difference, the general library rules for cataloging must be

decidedly modified. One is justified in making the catalog of such a

library a law unto itself, for each and every one of its class has

its own particular problems, environment and limitations, which will

probably be met in its own particular way.

Since the problem becomes so largely one of individuality and

circumstances, it might be well to consider for a moment some of

the essential differences in purpose and treatment of material,

and to realize the desirable points to be attained as well as the

non-essentials, or things actually to be avoided.

The processes and methods of this kind of a library must in their

nature be conducive to rapidity and conciseness of service. Time

saving devices are unusually important, not only in the acquisition

of material and the actual technical work, but in the delivery of

material. The speedy availability of the most serious treatises on the

most profound subjects is absolutely necessary. Between sessions many,

many hours of the most earnest and serious efforts must be spent in

investigation, study and research in order to relieve the pressure of

heavy research work as much as possible during the session.

The library deals with business men who are seeking an answer to some

special need. They have a definite reason for seeking the information

and a definite point of view and they expect the library to answer

their questions in a business-like manner. Too much emphasis cannot

be placed upon _efficiency_ of service as shown through _rapidity_

of service. The legislator is a busy man and any time saved through

devices which quicken delivery of material, or shorten the time devoted

by the patron himself, is well worth while. If two hours is necessary

on the part of the library worker between sessions to put material

into such shape that it may be delivered ten minutes sooner during the

legislative session, it should be given cheerfully.

Condensations, digests, and briefs may be prepared during the interval

between sessions which will save hours of time during the actual high

pressure season of the session itself. Any sort of short-cut brought

about by analyticals, or any other devices known to the cataloger,

should be used. Shrewdness of judgment and a general discrimination as

to what is really valuable is not only highly desirable but absolutely

essential.

Since time is such an important element, it might be well to call

attention to the fact, that the legislative reference library may

be adequately maintained without many of the records which are

favored in libraries in general. Do away with as much "red tape" as

possible. Simplicity of material, simplicity in service, simplicity

in the whole department is to be commended above almost any other one

characteristic. Among those records which can be abandoned with perfect

propriety in such a department, are the accession book, gift book and

withdrawal book. So much of the material is ephemeral in its value that

the cost of maintenance outweighs the value received in actual results.

The serial list may be exceedingly simple. Records of the number of

books cataloged, or circulation statistics are of very doubtful value

in this work.

Since the loss of material is inevitably rather large, an inventory

is almost essential. However, material is easily replaced, much

of it is free and because of this fact, a biennial inventory will

prove satisfactory in most cases. There is no need of a complicated

charging system. In truth, establish no records of any kind within the

library until convinced that its efficiency will be hampered without

them. Emphasis is put upon this point, because of the fact that all

legislative reference departments have small appropriations in the

beginning, and it is during this early period that the library must

justify its existence by showing results in active service rather than

in catalogs and records. At first there are never enough assistants

to do both efficiently. Therefore, let the tendencies be toward those

things which will bring into evidence vital things rather than mere

good housekeeping.

It might be well to state that the term "catalog" will be used in the

broadest possible sense. The definition of the term as it will be used

in this paper, might be given as "a record of sources and of material,"

and not merely a record of material to be found upon the shelves of any

one library or institution.

The catalog should be kept as simple as possible in its essentials.

Conciseness of title, brevity of treatment, and above all clearness,

must always be borne in mind. Sacrifice library school rules if

necessary. Let there be no hesitation in enlarging or changing the

title if by so doing greater clearness is gained. It must be remembered

always that the catalog is made not for librarians with technical

knowledge, but for men whose use of it will be that of an untrained

student. Let it be such that your constituency may use it without

help. Be exceedingly generous with notes, never failing in the case of

bills to show whether such bills became laws or failed in passage. If

a bill became a law, give the citation. If reports or cases are known

by special names, be sure to note that fact. Let there be no ambiguity

either in title, subject or note. Annotations as to the substance

of material are also highly desirable, particularly when they show

whether a given article is favorable or antagonistic, or state the

reliability of the author concerned.

The material itself falls into three distinct classes which influence

the cataloging treatment; books, pamphlets, and clippings. The books

and pamphlets show comparatively little variation from regular

cataloging methods. Clippings in the Wisconsin legislative reference

department are mounted upon manila sheets, eight by ten, arranged

chronologically under classification number, marked with a book number

Z and treated as a single pamphlet. They have no author card, being

entered merely under the subject-heading necessary, with the author

line left blank. This procedure is convenient in some other cases,

such as certain extracts from the Congressional record, containing

discussions in which various members take part and where it is

difficult to enter under any individual or even joint authors.

Since the author phase of the catalog is of less interest than the

subject phase which acquires unusual importance, secondary cards may

be very largely omitted. Joint author cards are really of very little

service. Series and title cards are the exception rather than the rule.

Whenever possible it is advisable to make continuation cards instead

of entering new compilations or new editions on separate cards. In the

case of continuation cards, it is advisable to choose a brief title

and pay no attention to such variations as may be given in different

editions. For instance, a 1907 compilation of state tax laws might be

entitled, "Laws relating to assessment and taxation," and the 1909

one simply "Taxation laws," and the 1911 one "Revenue and taxation

laws." These may all be entered upon one card under the simple title,

"Tax laws," and the three volumes added as continuations. In short,

do not attempt to show the exact detail by means of cataloging, such

as is advisable in public libraries. What your patron wishes to know

is whether you have the tax laws of that state and what is the date

of their compilation. These are the facts which interest him and the

number of pages or the particular form of the title, is of absolutely

no value to him. This is a good example of that freedom in condensation

and changing of titles which is somewhat heretical in its nature, but

which after all leads to that saving of time and patience which is so

necessary. Use only such imprint as is absolutely essential; omitting

on the whole, illustrations, maps, portraits, and plates. In cases of

excerpts from periodicals the name of the magazine with the date of

that particular issue is usually deemed sufficient.

Because the ordinary patron of the legislative reference library is

unfamiliar with library methods, it has been found convenient to file

"see also" cards at the beginning of the subjects rather than at the

end. For this same reason, the guide cards should be much more numerous

than in other libraries, and it is of great advantage to have the main

headings brought out upon thirds with the subdivisions of these main

headings on fifths of a different color. Blue and manila form a good

color contrast for such a scheme.

As has been said before, the comparative feature of this work is one

which is worthy of special consideration. Its value can scarcely be

over-estimated. The efficiency of the library can be greatly increased

by a constant lookout for such material. Every book, pamphlet or

clipping, passing through the hands of the cataloger must be most

carefully reviewed, not only for its general material, but for

any comparative statement which shows either conditions, laws, or

tendencies in two or more communities, states, or countries. It may

take form as a tabulated statement, a chapter, a paragraph, or even

a mere foot-note, but at some future time it may serve as a starting

point for an investigation, or give instantaneous help in the question

as to "what states or countries have laws similar to this." The

advisability of listing such comparative material in a separate catalog

must be determined by each library. When it is buried in the regular

catalog it requires much longer to answer such questions than when kept

in a separate file. If made into a catalog by itself, there should

always be a note showing exactly what states or countries are included

in the comparison and the dates covered by such material. In other

words the comparative entry must be justified either by the title or

a note showing that it really is a comparison. Probably two-thirds of

such material is analytical in character.

The question of analyticals will be greatly influenced by the subject

matter under consideration. Upon certain subjects there are practically

no book treatises, and most of the material will be found in the form

of analyticals. The amount to be analyzed, the choice of form and the

relative value of the material concerned must be determined by shrewd

judgment on the part of the cataloger. The entire library will be

greatly enhanced by a careful selection of analyticals, but the bulk of

the catalog must not be increased unless with good reason.

The percentage of analyticals will be in most cases much higher than

in the ordinary library, because so often a few pages are worthy of

special notice on account of their comparative nature, the particular

view point of the author, or sometimes merely because of the scarcity

of material on that subject. As to the cataloging form for analyticals,

there is no reason why it should not follow the general rules of the

library as a whole. My own preference is for the long form, because

oftentimes the short form is not perfectly clear to the legislator.

Although advocating simplicity, as a general thing, it should not

require clearness to be sacrificed at any time. There is room for

discussion on this point and there is difference of opinion, but my

conclusion in the matter has been reached after some experimentation.

A little more work on the part of the librarian is preferable to the

slightest bit of doubt on the part of the legislator.

Since legislators are investigating specific problems, looking at them

from a single point of view, and not always considering a subject in

its broadest sense or in its relationship to knowledge in general,

the question of subject headings, outside of classification, becomes

practically the most important single proposition the cataloger has

to consider. In practically every case the popular rather than the

technical form of heading is desirable. The simple ordinary term should

be chosen, for it is under this type of heading that your reader

will be most certain to look. In his haste and absorption he fails

to realize that there is any possible viewpoint, other than his own.

Having but one thought in his mind, he naturally expects to find his

material under this subject. Most certainly he should find at least a

cross reference. Therefore, one recommendation is to be exceedingly

generous in the matter of cross references. Under such conditions it is

always wiser not to trust one's own judgment, but to call upon various

people asking under what heading they would look for material of a

certain type. In this way the cataloger may secure suggestions which

are unusually helpful and which put into the catalog the ideas of many

persons rather than of one.

For instance, a book or pamphlet relating to the extortion practiced by

usurers would be found under a heading such as "Interest" or "Usury."

However, there are various other headings under which individuals might

expect to find material of this kind, depending upon the particular

phase of the question which he had in mind at the time. A busy man,

wishing to draft a bill putting the loan shark under control, would

be thinking of a loan shark and not of the underlying principle of

interest. Another man approaching the question through interest in the

installment plan would expect to find material of use to him under

that subject. Another man taking a broader view of the subject might

look under "Interest." Each of these men would be justified in looking

under the particular subject he had in mind, expecting to find either

the material or a reference sending him to the chosen heading. Every

possible heading which suggests itself is worthy of consideration,

for such an investment of time will more than pay for itself in the

satisfaction it brings to those who use the catalog. The necessity for

painstaking effort and careful thought in this connection is verified

by experience.

Special and local names may well be noted on all main cards and cross

references made in every case from such forms. For instance, the law

governing the sale of stocks recently passed in Kansas, which is

popularly known as the "Blue sky law" should be noted as such in the

catalog. The "Mary Ann" bill may be called for by that name and if

there is no cross reference in the catalog the untrained assistant in

the library, or the stenographer, will never find it. The mechanical

part of the catalog should be so complete that it does not require

acquaintance with all phases of the subject in order that a person may

use it intelligently. Therefore, special and local names inevitably

need attention.

The contents of a legislative reference library are largely of either

an economic or a legal nature, and its patrons sometimes approach the

material from the legal side and sometimes from the economic side.

In assigning subject headings this fact must never be forgotten.

Consequently, the headings will sometimes take a legal turn and

sometimes an economic turn. At times it is necessary to compromise and

choose one halfway between the two.

Let us consider for a moment the relationship of the economic and

the legal material. Justice Holmes, in his book on the "Common law,"

expresses this relationship unusually well. He says in substance that

the growth of the law is legislative; it is legislative in its grounds;

that the secret root from which law draws all the juices of life is

consideration of what is expedient for the community.

The economic necessity for law precedes the legal expression. The need

for a statute is felt long before it is formulated. This is readily

recognized by political economists and lawyers. Judge Dicey, in his

book entitled, "Law and opinion in England," (Lond. 1905, p. 367) says:

"A statute * * * is apt to reproduce the public opinion, not so much of

today as of yesterday." Since a legislative reference library is busied

with the process of law-making, rather than with the administration or

interpretation of law, the trend will be toward the economic headings

rather than the legal. The tendency of law is to crystallize, and

subjects legal in aspect are likely to be complete in themselves, and

therefore less amenable to library purposes. As an example, a subject

heading such as "Eminent domain" is legal in its nature. This will be

used in the main body of the catalog without a doubt. It may have cross

references of both a legal and an economic nature. At the same time

"Eminent domain" may be used as a subdivision of economic headings,

such as "Railroads," "Street railways," "Telegraphs," and "Telephones."

This shows how the legal aspect of an economic question may be brought

directly in touch with the economic phase of the question. Another

example is "Liquor problem;" as it is used in the subject headings, it

is an economic question, yet we use the subdivision "Illegal traffic"

which includes purely a legal phase. "Discrimination," a legal term,

will cross refer to some specific form under an economic heading such

as "Railroads--Rebates." It is often necessary to refer from some

rather popular headings to legal forms, such as "Funeral expenses, see

Estates of deceased persons." Again it may be necessary to mix the two

with a heading such as "Ethics--Business and professional," with cross

references from legal headings, such as "Professional ethics," "Legal

ethics," "Medical ethics," etc. The general conclusion reached is that

there is likely to be either subdivisions or cross references back and

forth from any type of heading to any other type, with one exception,

namely, an economic subdivision of a legal heading. In our experience

in Wisconsin, we have not found this combination of headings either

necessary or advantageous. This fact but emphasizes what has already

been said, that law once established, becomes permanent and fixed in

character.

Geographical divisions as main headings should be used sparingly,

but geographical subdivisions of subjects are very helpful. Primary

election laws, road laws, tax laws, will all be more available if

divided by states, not only in the classification, but in the subject

heading. If clearness or rapidity of service demand subdivisions, they

should be made, even though there be few cards under each subdivision.

Many helpful suggestions for subject headings and cross references may

be obtained from law indexes, law encyclopedias, and the New York index

of legislation.

Not only is it necessary for the cataloger to know the material which

is in the library itself, but if efficient work is to be accomplished

it is decidedly necessary that material not within the four walls

should be made available. Let all kinds of knowledge be at the

cataloger's command, and make the mechanical devices carry as much

of this burden as possible. First of all, material which is in town

but which is not contained within your own library, should be noted.

Statutes and session laws of all the states should be obtainable

though not necessarily a part of the library itself. If a state or

law library is near at hand, it is far better to rely upon them as a

source of reference than to duplicate such a collection on your own

shelves. Articles in law magazines, reports large in bulk, but issued

only occasionally, may be noted, when not placed upon the shelves. In

Wisconsin we make a distinction between material in existence within

the city and that which is in existence elsewhere, such as in the

Library of Congress, the John Crerar library, or nearby institutions.

A manila catalog card tells us that the material may be found outside

of the city, whereas by stamping the name of the library in the place

of the call number on a white card, we indicate that the material is in

town. Subject entries only are made for material of this sort.

There are many indexes already in existence which will supplement the

catalog and call to the attention of the worker available material.

One of the most valuable sources of all is found in the experts of the

neighborhood. The librarian is too prone to think that all the most

useful knowledge is in books or printed form. Some of the best help

imaginable can be obtained from men. Every community has within its

borders specialists of various types; men who have given their lifetime

to the study of some particular question. Make such individuals a

portion of the catalog; use them as sources. The telephone is at your

command and oftentimes more valuable information can be obtained from

some person within telephone call than can be gotten from hours of work

with shelf material.

Furthermore, do not limit yourself to the talented man within the

community, but use the expert wherever he may be found. Correspondence

will often bring information to your door; mount the letters; put them

with the clippings or catalog them separately; in case of urgency,

telegraph. In fact, have some of the appropriation deliberately set

aside for supplementing the catalog by telegrams.

A record of sources, arranged both by places and subjects is of

service. Under your subject list enter the names and addresses of those

who are specialists. Experts throughout the country will thus be at

your command. In the geographical list, put the names of parties to

whom you may apply for material relating to a given community. Suppose

for instance, that your state is contemplating a Workmen's compensation

law and some state where there is no legislative reference department

is also considering the matter. This state passes a law on Tuesday, and

on Saturday the bill of your own state is coming up for consideration.

You need exact information as to which bill is passed, whether it

passed with or without amendments; in fact, you must have immediate and

full knowledge concerning that law. You may have within your mind some

possible source, but during the stress and pressure of the legislative

session such a list relieves one of the necessity of remembrance.

The catalog, through its mechanical devices, can carry this burden. The

catalog is not merely a record of sources within the four walls, but

must endure as a record of all possible available sources, so that time

and energy given to "the living part" of the catalog, is well expended.

In addition to the sources already mentioned, there are numerous

other possible indexes of value. When the bills are available in

printed form, a subject index indicating the final disposition of a

bill--whether killed, passed or vetoed--is of inestimable use. Such

indexes for the general laws and the local and temporary laws are

advantageous. A comparative index, apart from the regular catalog,

already noticed, may be mentioned again in this connection. An

index of the documents of the state is also a valuable asset, since

the publications of most states are rather poorly indexed and have

practically no centralized list of subjects. The decisions of the

attorney-generals quite often are of as much importance in law

conclusions as are the decisions of the courts. They have virtually

either vitalized or invalidated laws upon the statute books. In states

where statute revisions are rather infrequent, statute indexes may be

necessary. These indexes should be made supplementary to the regular

catalog. Some of them may be carried along as side issues at the same

time as the regular work, and others may be taken up in their entirety

to be accomplished as time permits.

Since the importance and value of such a library depends, not upon the

quantity, but upon the quality and efficiency of the collection, the

disposition of material which has become historical in its nature comes

prominently into the foreground. Unless there is constant supervision

and reduction, there is an unnecessary and useless accumulation.

The working library will never be a large one. After a state policy

relating to a given question is established, the library should, within

a reasonable time, dispose of the larger portion of the collection on

that subject. Its present usefulness from the legislator's standpoint

is over. Its future value is as a historical contribution. As a result,

there will be continual withdrawals as well as continual acquisitions.

After all, that which makes library work so stimulating and so

interesting is the human element. The progress which one may make

in its mechanical side, the service of all its books and pamphlets,

the importance and the value of the material, depend primarily upon

the human side of it. The mere fact that the scholar, as well as the

man with a hobby, the student along with the crank, the conservative

together with the radical, the theoretical and the practical man, are

all brought together in a common place, shows that the mechanical is

truly the lesser value in this field of work. However, it is in the

making of a more perfect apparatus, in the saving of time and energy,

in the additions to its efficiency, that the cataloger receives his

reward. The possibilities of this work are so far reaching, that every

reasonable device or idea is at least worthy of trial so that there

may be every possible advancement in every practical direction. It

is a new work and there are few guide posts. We cannot accept other

experiences unquestionably. What are virtues in another library may

be vices in the legislative reference work. What we most need is a

safe and sane balance of judgment, quickness of perception, a sense

of foresight, combined with all the special knowledge possible, great

discrimination, initiative and the ability to meet any situation, and

above all, the disposition to test every new conception or suggestion

which may lead to development; in fact, the more of these virtues which

the cataloger may possess, the more efficient will be the result, not

only in the catalog itself, but in the net results shown by the work in

its entirety.

In the discussion following the paper, Mr. W. H. Hatton, chairman

of the Wisconsin free library commission, spoke of the importance

of knowing not merely books but men and making a wise use of

correspondence.

Papers and Proceedings of the Thirty-Fourth Annual Meeting of the American Library Association Held at Ottawa, Canada, June 26-July 2, 1912 · 第 177 / 250 题