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Assuming therefore that the work of a legislative reference bureau (in addition to that part of it which is already being undertaken here), should be undertaken by the Library of Congress, and that the work of indexing, digesting, and compiling laws should be part of it, it does not necessarily follow that the drafting or revision of the bills themselves should be associated with it. That Congress should employ a corps of bill drafters is obvious; that these should be experts, and nonpartisan, whose purpose would be purely scientific, is equally obvious; but these considerations ought not to imply that the quali fications could be secured only by the selection and maintenance of a corps outside of the legislative establishment. Congress might well prefer otherwise; and there seems no necessary obstacle to the creation of a corps of experts as part of the organization of Senate and House, provided Congress itself really desires that the sole considerations in the selection of the men shall be those above noted.

Wherever the work is to be placed, the provision for it should be ample. Its efficiency will depend not upon a large number of routine workers, but upon the high qualifications of a few. No expert adequate to such a task could be secured for less than a salary of $5,000, and at least four or five experts of this grade should be requisite, aided by an auxiliary corps of clerks, stenographers, etc.

Even then it is clear that the service of such experts should not be dissipated needlessly. To invoke them at the initial stage of every bill introduced would be extravagant, and cast upon the corps an overwhelming burden (this will appear upon consideration of the number of bills introduced into a single Congress during the Sixty-first, for instance, some 44,000). The drafters should be at the disposal of any committee considering or proposing to report a bill. Beyond this they ought not to be called upon, unless in connection with some projected bill of interest to a considerable group.

The organization requisite to a congressional (legislative) reference bureau will therefore depend upon the functions proposed for such a bureau, whether (1) merely the acquisition of the data, the organization of these to respond to the legislative need, and the aid to their use; or in addition to this, (2) the preparation of indexes, digests, and compilations of law not having directly such ends in view; or in addition to both the above, (3) the drafting and revision of bills.

In any case it must be emphasized

1. That the organization must be elaborate beyond that provided by any State, since the subjects to be dealt with are far wider in scope, the material more remote, more complex, and more difficult, and the precedents less available.

2. That (the field being unique) the needs (in the way of organization) can be ascertained only by experiment. The first appropriation should be, therefore, a lump sum."

3. That for the work to be scientific (i. e., having only truth as its object) it must be strictly nonpartisan; and that, therefore, whatever the appointing or administrative authority, the selection of the experts and the direction of the work should by law and in fact be assuredly nonpartisan.

Respectfully submitted.

The PRESIDENT OF THE SENATE.

HERBERT PUTNAM,
Librarian of Congress.

LEGISLATIVE REFERENCE WORK.

EXHIBIT 1.-FUNCTIONS OF A LEGISLATIVE REFERENCE BUREAU.

The work of a legislative reference bureau may include any or all of the following kinds of service, ranging from library work proper to that which is purely legislative. Intermediate between these extremes are certain classes of work which are special extensions of the ordinary activities of a legislative library, of direct and immediate importance for legislation.

1. LIBRARY WORK PROPER (already provided for at the Library of Congress): (a) Acquisition of the literature. This is being undertaken at the Library of Congress to an extent probably unparalleled elsewhere, the collections of the Library (in statutes, reports, commentaries, and miscellaneous literature, and in the published indexes, digests, and compilations auxiliary to the use of these) being probably the largest extant and improved by incessant effort. (b) Reference work.-Selection of suitable material from the general collections to meet the demands of an individual legislator, with the aid of the subject catalogue of the Library and general reference works or from the reference librarian's personal knowledge of the subject.

(c) Bibliographic work.-Preparation of special lists of references on subjects of current interest to the legislator, with such critical and analytical notes as can readily be made, involving search for titles in printed catalogues of various libraries, bibliographies, indexes to periodicals, etc., and acquisition of publications of importance found to be wanting. 2. INDEXES, COMPILATIONS, AND DIGESTS OF LAWS, ETC. (index to the general laws in the Federal statutes up to 1907 completed and published by the Library of Congress).

(a) Indexes.-Detailed indexing of statutes, court reports, Government documents, etc., of this and other countries to locate exactly by volume and page the text of laws on special subjects, decisions of the courts interpreting them, administrative regulations, and statistical or other information showing the results of their operation, to enable comparison to be made between the laws of various countries.

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An appropriation of $28,000 to enable the Library of Congress to prepare an index of comparative legislation was asked for in 1902 and succeeding years, but not granted.

(b) Compilations and digests.-Compiling (and translating when necessary) from printed official sources, with the aid of the above index, exact legal, political, and economic information on subjects of current legislation, and digesting the same in legislative reference bulletins for immediate use in drafting bills, and to enable the legislator to judge of the merits of proposed laws without elaborate research.

The Wisconsin comparative legislation bulletins may be cited as examples. 3. SPECIAL COLLECTIONS.

(a) Testimony of experts.-Collection of the opinions of specialists on subjects of current legislation or on a particular bill for the use of the committee to which it has been referred.

(b) Press opinions, magazine articles, etc.—Collection of newspaper clippings, articles in magazines, etc., to show the state of public opinion in regard to projected legislation, and arrangement of the material in convenient files for ready reference during the discussions in the legislature.

4. LEGISLATIVe Work. (a) Bill drafting.-Utilization of all of the resources of the bureau to draft bills or amendments in accordance with definite instructions furnished by a committee, a group of members, or, possibly, the Executive, involving a study of the existing law as interpreted by the courts, legislation for similar purposes in other countries, and the probable effect of the proposed enactment.

(b) Explanatory memoranda.-Preparation of synopses of bills and brief notes explanatory of their provisions.

EXHIBIT 2.-NEW YORK STATE.

TWO DECADES OF COMPARATIVE LEGISLATION.

[Extract from address by Dr. Robert H. Whitton, librarian New York Public Service Commission, first district, at joint session of National Association of State Libraries and American Association of Law Libraries, July, 1909. In A. L. A. Bulletin, vol. 3, No. 5, p. 296-298.]

When in 1890 Melvil Dewey initiated the legislative reference movement by appointing a legislative reference librarian in the New York State library, he started a movement that has been most fruitful for the study of comparative legislation. In drafting a new law there is no more profitable study than an investigation of the laws and experience of other States and countries. Almost the first question asked in relation to a proposed enactment is as to whether the same law is already in force in any other State. It was natural, therefore, that an index to the current laws of the various States should be one of the first tasks of the legislative librarian, in order that he might serve most efficiently the needs of the legislature.

The comparative summary and index of State legislation, thus begun in 1890, at the New York State Library, has been continued now for almost 20 years. The work was first undertaken and the index started by W. B. Shaw, now one of the editors of the American Monthly Review of Reviews. It was later taken up and developed by E. Dana Durand, now director of the United States Census. Following Mr. Durand, I had the opportunity of continuing the work so well begun, for nine years, from 1898 to 1907, and it has since been continued, as you know, by Mr. Bramhall and Mr. Lester. In 1901 the scope of the work was materially broadened and its usefulness greatly increased, I think, by the addition of the annual review of legislation. In this review competent specialists review the legislation of the year, thus placing the new law in its relation to previous laws in the same or other States and subjecting it to careful evaluation and criticism.

While we have the very highest conception of the legislative reference bureau and its work in comparative legislation, we realize that there are other very important factors necessary for the production of efficient legislation. The legislative reference bureau will supply the systematic collection of information. It will collect and collate much of the information that will be needed in the scientific investigation of legislative problems.

In addition to a bureau for the collection and collation of information it is desirable that each proposed bill should be drafted or revised by expert draftsmen. This work in some States is being performed by official draftsmen, appointed by the legislature. In other States it is being taken up by the legislative reference bureaus. My own opinion is that the legislative reference bureau should proceed cautiously in this matter. While it is highly desirable that it should aid in the constructive work necessary for the elaboration of an important project of law, there is some danger that its time may be so taken up with the formal drafting and copying of innumerable petty bills that it will have insufficient time for the more important constructive work.

In addition to the legislative reference bureau and the bill-drafting work, it seems to me that for efficient legislation there must be in each State a State bureau of statistics with skilled accountants and statisticians continually at work collecting facts essential to intelligent legislation. There are numerous statistical facts that should be known in order to judge intelligently concerning the need of this or that proposed legislation. There are numerous statistical facts that should be currently reported and tabulated in order to judge as to what has been the actual effect and value of a given regulation or expenditure. It should be the business of the bureau of statistics to supply this knowledge.

But in addition to the legislative reference bureau, the official draftsman, and the bureau of statistics, in order that we may have efficient legislation, it is necessary that the special knowledge of the expert should be freely used. For the construction of a house we employ an architect, for the building of a bridge we employ an engineer, but for the elaboration of an intricate and technical statute no expert knowledge is deemed essential. This is the height of stupidity. Legislative committees should employ experts of all kinds-engineers, economists, accountants, physicians, actuaries, and in fact specialists of every class who are capable of disinterested scientific investigation.

With the development of a more efficient State administration the legislature will naturally look to the highly trained experts employed in the various departments to make the necessary scientific investigations for many of the proposed laws. As the State service becomes more permanent, as its importance increases with the complex duties of supervision and regulation, the number of highly trained men in the various departments increases.

EXHIBIT 3.-WISCONSIN.

[Extract from a paper on Wisconsin's legislative reference department, by Dr. Charles McCarthy. A. L. A. Papers and Proceedings, Portland Conference, 1905, p. 244-245.]

In answer to constant inquiries, I have compiled some essentials for work in helping the cause of good legislation, similar to the work done by our department here.

1. The first essential is a selected library convenient to the legislative halls. This library should consist of well-chosen and selected material. A large library is apt to fail because of its too general nature and because it is liable to become cumbersome. This library should be a depository for documents of all descriptions relating to any phase of legislation from all States, Federal Government, and particularly from foreign countries like England, Australia, France, Germany, and Canada. It should be a place where one can get a law upon any subject or a case upon any law very. quickly. It is very convenient to have this room near to a good law library. Books are generally behind the times, and newspaper clippings from all over the country and magazine articles, court briefs, and letters must supplement this library and compose to a large extent its material.

2. A trained librarian and indexer is absolutely essential. The material is largely scrappy and hard to classify. We need a person with a liberal education, who is original, not stiff, who can meet an emergency of all cases, and who is tactful as well.

3. The material is arranged so that it is compact and accessible. Do not be afraid to tear up books, documents. pamphlete, clippings, letters, manuscripts, or other material. Minutely index this material. Put it under the subjects. Legislators have no time to read large books. We have no time to hunt up many references in different parts of a library. They should be together as far as possible upon every subject of legislative importance.

4. Complete index of all bills which have not become laws in the past should be kept. This saves the drawing of new bills and makes the experience of the past cumulative.

5. Records of vetoes, special messages, political platforms, political literature, and other handy matter should be carefully noted and arranged. Our legislator often wants to get a bill through and we must remember that he often relies as much upon political or unscientific arguments as we do upon scientific work. He should be able to get hold of his political arguments if he wants to, and the political literature from all parties upon all questions should be kept near at hand.

6. Digests of laws on every subject before the legislature should be made and many copies kept. Leading cases on all these laws and opinions of public men and experts upon the working of these laws or upon the defects, technical or otherwise, should be carefully indexed and as far as possible published in pamphlet form, with short bibliographies of the subjects most before the people.

7. The department must be entirely nonpolitical and nonpartisan or else it will be worse than useless. If you have the choice between establishing a political department and no department at all take the latter.

8. The head of the department should be trained in economics, political science, and social science in general, and should have also a good knowledge of constitutional law. He should, above all, have tact and knowledge of human nature.

9. There should be a trained draftsman connected with the department-a man who is a good lawyer and something more than a lawyer, a man who has studied legislative forms, who can draw a bill, revise a statute, and amend a bill when called upon to do so. Such a man working right with this department and the critical data which it contains will be absolutely essential.

10. Methods.-(a) Go right to the legislator, make yourself acquainted with him, study him, find anything he wants for him, never mind how trivial, accommodate him in every way. Advertise your department. Let everyone know where it is and what it does. Go to the committees and tell them what you can do for them. (b) It is absolutely essential that you get information ahead of time or else you will be of no use in the rush. Send a circular letter out to your legislators and tell them you will get any material which will help them in their work before the session is over. The following is a sample of such a circular sent out by this department:

"MADISON, WIs., November 20, 1904. "DEAR SIR: The Wisconsin Legislature of 1901 authorized the Wisconsin Free Library Commission to conduct a legislative reference room, and to gather and index for the use of members of the legislature and the executive officers of the State such books, reports, bills, documents, and other material from this and other States as would aid them in their official duties.

"The Legislative Reference Library was entirely destroyed by the fire, but much of value to the student of State affairs has been collected. We desire to make such

material of the utmost use and wish you to call upon us for any aid we can give in your legislative duties.

"If you will inform us of any subjects you wish to investigate, as far as we have the material, time, and means, we will tell you.

"1. What States have passed laws on any particular subject.

2. Where bills for similar laws are under discussion.

"3. What bills on any subject have been recently introduced in our legislature. "4. Where valuable discussions of any subject may be obtained.

"As far as possible, with our limited force and means, we will send you abstracts of useful material and answer any questions pertaining to legislative matters.

"It is not our province to convince members of the legislature upon disputed points. We shall simply aid them to get material to study subjects in which they are interested as public officials.

Make your questions definite. Our work is entirely free, nonpartisan, and nonpolitical, and entirely confidential."

The replies to such a circular give you an idea of what is coming. Work for all you are worth on those topics, send out thousands of circular letters to experts on these topics, subscribe to clipping bureaus if necessary to secure critical data from the public at large. Gather statistics ahead. Carefully search books for significant and concise statements; if to the point, copy out or tear them out and index them. Go through the court reports and get the best opinions. (c) Get hold of libraries or individuals or professors in other States with whom you can correspond. Speed in getting things to a committee or an individual is absolutely necessary. Do not fail to use the telegraph. Get material, facts, data, etc., and get it quickly and get it to the point, boil down, and digest. I can say again the legislator does not know much about technical terms; avoid them; make things simple and clear. (d) Employ, if you can, during the session a good statistician. He can be of great service in dealing with financial bills, in estimating accidents from machinery, or in gathering statistical data of any kind. He should be a man who can work rapidly and accurately and work to the point. Throughout all of this work it is absolutely necessary to get all material absolutely upon the points at issue. (e) Make arrangements with all libraries in your city and libraries elsewhere for the loan of books or other material. You should have every sort of an index in your library as well as catalogues of any of the libraries with which you are corresponding. (f) A correspondent clerk and some helper to paste clippings, mount letters, etc., are necessary, especially during the legislative session. (g) Keep your place open from early in the morning till late at night. Do everything in your power to accommodate those for whom you work.

In Wisconsin the work is divided into three main divisions: (1) The "comparative," which included the gathering of laws and cases from all over the world upon the legislative subjects; (2) the "critical," which is especially charged with the duty of gathering critical data upon the working of laws; and (3) the "constructive," for the purpose of assisting in the work of drafting legislation with evidence already mentioned at hand for reference.—(Wisconsin Free Library Commission, circular of information No. 6 (2d ed.), p. 10.)

EXHIBIT 4.-COMPARISON OF NEW YORK AND WISCONSIN PLANS FOR LEGISLATIVE REFERENCE WORK.

[Extract from address by Mr Johnson Brigham, State librarian of Iowa, before the National Association of State Libraries, May, 1907. In A. L. A. Bulletin, vol. 1, No. 4, p. 200.]

New York and Wisconsin are the acknowledged pioneers and leaders in legislative reference work. While each has the same general end in view, namely, assistance to legislators and legislative committees and improvement in the quality and form of legislation, there is an interesting line of cleavage between the one and the other which we of the other States should carefully consider.

The legislative reference section of New York's State library brings to legislators and legislative committees all available information bearing upon proposed legislation, but does not undertake to act for the legislator or the legislative committee either in passing upon the relative value of the information given or in the drafting of bills for legislative action.

The legislative reference department of Wisconsin's library commission does not stop here. It not only collects, collates, and supplies all needed information, but it also passes upon the relative value of the same. It also supplies legislators and legislative committees with briefs and arguments and, on request, drafts bills. The legislator has only to press the button; the reference librarian and his assistants do the rest.

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