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.