In New York every incoming legislature, through its two presiding officers, appoints a joint commission of three lawyers, presumably experienced in law and legislation, who supervise and, when requested, prepare bills for legislators and committees, this commission availing itself of all information at the command of the legislative reference section of the State library.

In Wisconsin the legislative reference department serves as gatherer and dispenser of information and as an expert commission in drawing bills, supplying briefs, etc. Dr. McCarthy's assistant, Miss Ono M. Imhoff, writes me that at the time of drafting bills the department uses as many as 30 assistants, many of whom, however, afford only stenographic help.

In the opinion of Dr. R. H. Whitten, executive head of the Albany section, the activities of his section should be confined within the range of "library work," interpreting the phrase with the utmost liberality; but, in his judgment, it should not, even indirectly, undertake any function of the legislator, such as the final passing upon the weight of authorities, upon the relative value of testimony, upon the wisdom or unwisdom of legislation in other States or countries; nor should it assume the responsibility of drafting bills which, if they become law, will be subject to future interpretation by the courts.

EXHIBIT 5.-COMPILATION OF LAWS ESTABLISHING LEGISLATIVE REFERENCE BUREAUS IN VARIOUS STATES.

ALABAMA.

(General acts 1907, No. 255, p. 318.)

AN ACT To enlarge the duties of the department of archives and history.

Be it enacted by the Legislature of Alabama, That in addition to the duties now required by law, the department of archives and history shall do and perform the following:

2. It shall bring together and arrange for ready consultation a reference collection of materials for the use of the members of the legislature, State officers, and others on all subjects which may, from time to time, be deemed of public interest and importance to the people of the State.

Approved, March 5, 1907.

INDIANA.

(Acts 1907, ch. 147, pp. 236-237.)

AN ACT To create a legislative reference department in the State library, and prescribe [prescribing] its duties, providing for a legislative reference librarian and assistants in such department, and making an appropriation to carry out the provisions of this act, and declaring an emergency.

SECTION 1. Be it enacted by the General Assembly of the State of Indiana, That there is hereby created a legislative reference department in the State library. It shall be the duty of such department to collect for members of the general assembly information in regard to subjects of legislation, and to organize and arrange such material so that it may be most readily used. It shall obtain and furnish to members of the general assembly, or other officers of the State government, any data available regarding the laws of this and other States, and the working and results of such laws in actual practice, together with references to judicial decisions and interpretation upon such laws. It shall collect and make available such current information upon legislative subjects as will make all data upon subjects of present value. It shall be prepared to furnish to members of the general assembly, and under their instructions, such assistance as may be demanded in the preparation and formulation of legislative bills.

SEC. 2. The State librarian, by and with the advice and approval of the State library board, shall appoint a legislative reference librarian, at a salary of fifteen hundred dollars per year, and such other assistants as may be necessary to effectively carry on the work of such department.

SEC. 3. There is hereby appropriated for the payment of the salaries of such legislative reference librarian and other assistants, and of the expenses and cost of supplies and publications necessary to effectually carry out the provisions of this act, the sum

of fifteen hundred dollars, to be available on April 1, 1907, and the sum of four thousand dollars annually thereafter.

SEC. 4. Whereas an emergency exists for the immediate taking effect of this act, the same shall be in force from and after its passage.

Approved, March 9, 1907.

MICHIGAN.

(Public Acts, 1907, No. 306, pp. 405–406.)

AN ACT To provide for a legislative reference and information department in connection with the State library, to make an appropriation therefor, and to provide a tax to meet the same.

The people of the State of Michigan enact:

SECTION 1. There is hereby created and shall be hereafter maintained in connection with the State library, a department to be known as the legislative reference and information department for the use and information especially of members of the senate and house of representatives, the several State departments, and such other persons as may desire to consult the same. It shall be located in the State capitol as conveniently as possible for members of the senate and house of representatives.

SEC. 2. The State librarian, within ten days after this act shall take effect, shall appoint an assistant, who shall be a person trained in political economy and otherwise fitted to perform the duties of this office as herein defined, who shall have charge of said department under the supervision of the State librarian and perform the duties hereinafter prescribed. He shall receive an annual salary of fifteen hundred dollars, payable in the same manner as the salaries of other assistants in the State library. The State librarian shall also appoint some suitable person, trained in political economy and of known capability in indexing and cataloging, as clerk, who shall receive an annual salary of ten hundred dollars, payable in the same manner as the salaries of other assistants in the State library are paid.

SEC. 3. The said assistant shall, as soon as possible, make available for ready reference and use, suitable indexes to all such information as is contained in the various public documents of this State and other States, including senate and house documents and legislative journals, and shall keep a complete file of all bills printed by order of either house of the legislature. He shall procure and compile in suitable and convenient form, for ready reference and access, information as to proposed and pending legislation in other States, and shall also investigate the operation and effect of new legislation in other States and countries to the end that either house of the legislature or any committee or member thereof or any citizen of the State may have the fullest information thereon. He shall also give such advice and assistance to the member [members] of the legislature as they may require in the preparation of bills and resolutions, and shall draft bills upon such subjects as they may desire.

SEC. 4. At the close of each session of the legislature the secretary of the senate and the clerk of the house shall, at his request, deliver to the said assistant, to be appropriately filed and preserved, such copies of bills and joint resolutions which shall not have been passed and are still remaining in their hands, also all important petitions and memorials and other legislative documents.

SEC. 5. The board of State auditors shall furnish, on the requisition of the State librarian, all such cases as are necessary for the cataloging, indexing, and filing of the materials and information collected by said department, and all other supplies of said department shall be drawn by the State librarian in the manner provided by law. Such printing and binding as may be necessary for said department shall be done as part of the printing and binding for the State.

SEC. 6. The auditor general shall add to and incorporate into the State tax the sum of two thousand five hundred dollars annually, and such amount is hereby appropriated from the general funds of the State, which said sum shall be included in the State taxes apportioned by the auditor general on all taxable property of the State, to be levied, assessed, and collected, as other State taxes, and when so assessed and collected, to be paid into the general fund to reimburse said fund for the appropriation made by this act.

This act is ordered to take immediate effect.

Approved, June 28, 1907.

NORTH DAKOTA.

(Laws 1907, ch. 243, p. 382.)

State library commission created.

AN ACT Creating a State library commission, defining its duties, and providing an appropriation for its maintenance.

SEC. 5. * * * The State library commission shall have power and it shall be its duty to establish a legislative reference bureau for the information and assistance of the members of the legislative assembly in the work of legislation. The legislation of other States and information upon legal and economic questions shall be classified and catalogued in such a way as to render the same easy of access to members, thereby enabling them better to prepare for their work. It shall be the duty of the librarian of the State library commission to assist in every way possible the members of the legislative assembly in obtaining information and the preparation of bills.

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Approved, March 2, 1907.

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OHIO.

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(Laws 1910, No. 384, pp. 221–222.)

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AN ACT To provide for a legislative reference and information department in connection with the Ohio State library.

Be it enacted by the General Assembly of the State of Ohio:

SECTION 1. There is hereby created and shall be hereafter maintained in connection with the State library a department to be known as the legislative reference and information department, for the use and information especially of the members of the general assembly, the officers of the several State departments, and such other persons as may desire to consult the same. It shall have an office room in or near the State capitol, as conveniently located as possible for the members of the general assembly.

SEC. 2. The board of library commissioners shall appoint an assistant who shall be known as legislative reference librarian. He shall be a person well fitted by training and experience to fill the requirements of this office, shall have charge of said department under the supervision of the State librarian, and shall perform the duties hereinafter prescribed. The board is authorized to appoint such other assistants as the work of the department may require.

SEC. 3. The legislative reference librarian shall, as soon as possible, make available for ready reference and use suitable indexes to all such information as is contained in the various public documents of the State, including senate and house journals and executive and legislative documents, and shall keep a complete file of all bills printed by order of either house of the general assembly. He shall procure and compile in suitable and convenient form, for ready reference and access, information on current and pending legislation in other States and countries, to the end that the general assembly, or any member thereof, or any citizen of the State may have the benefit of such service. He shall also furnish to members of the general assembly, under their direction, such assistance as they may require in the preparation and formulation of bills, and perform such other duties as the board of library commissioners and the general assembly may prescribe.

SEC. 4. At the close of each session of the general assembly the clerk of the senate and the clerk of the house, at the request of the legislative reference librarian, shall deliver to him, to be appropriately filed and preserved, copies of bills, joint resolutions, important petitions, memorials, and other legislative documents for the custody of which other provision is not made by law.

SEC. 5. The board of library commissioners may expend in the establishment and equipment of the legislative reference department a sum not to exceed one thousand dollars and for its maintenance such sum as the general assembly shall from time to time determine.

Approved, May 13th, 1910.

PENNSYLVANIA.

(Laws 1909, No. 143, pp. 208-210.)

AN ACT To create a legislative reference bureau in the Pennsylvania State Library; authorizing the appointment of a reference director and subordinate officers, defining their duties, and fixing their compensation.

SECTION 1. Be it enacted, etc., That from and after the first day of June, Anno Domini one thousand nine hundred and nine, the trustees of the Pennsylvania State Library be, and they are hereby, authorized and directed to maintain a legislative reference bureau in the State library, for the use and information of the members of the general assembly, the heads of the several departments of the State government, and such other citizens of the Commonwealth as may desire to consult the same.

SEC. 2. The director of the said legislative reference bureau of the Pennsylvania State Library shall be appointed by the governor, by and with the advice and consent of the Senate, to hold office during good behavior, and he shall be well qualified by experience, knowledge, and ability to conduct the work of the bureau, and shall receive a salary of three thousand five hundred dollars per annum, and his travelling expenses, actually and necessarily incurred in the performance of his official duties. He shall give bond in the sum of ten thousand dollars, to be approved by the governor, for the faithful performance of his duties, and he shall devote his whole time and attention to the duties of his office. He shall have custody of the law library and the publications therein of the various State governments and the United States Government, which may be generally classed as legislative documents.

SEC. 3. The director, by and with the approval of the governor, shall appoint one assistant director, learned in the law, who shall receive a salary of two thousand four hundred dollars per annum, and a reference division stenographer, at a salary of twelve hundred dollars per annum. The State librarian may also assign any employee of employees of the library for work in the reference division during the session of the general assembly.

SEC. 4. The trustees of the State library shall provide the bureau with suitable rooms in the State Library Building, situated so as to give the bureau ready access to the volumes, catalogues, documents, and other papers in the State library, and in a place where the bureau will be convenient to the members of the general assembly, and others having official business with the said bureau. The reference bureau shall be kept open from nine ante meridian to four post meridian during the entire year, and when the general assembly is in session, at such hours, day and night, as are most convenient to its members.

SEC. 5. The director shall prepare and have available for use, check lists and catalogues of all Pennsylvania laws and all the current legislation of Pennsylvania and other States; lists of bills and resolutions presented in either branch of the general assembly; check lists of the public documents of the State, including all reports issued by the said departments, boards, and commissions; digests of such public laws of this and other States as may be thus best made available for legislative use; catalogued files of newspaper clippings and of such other printed matter as may be proper for the purposes of the bureau. The director shall also, when requested by the governor, heads of departments, or members of the general assembly, promptly procure available information not on file in the bureau relating to pending legislation, and investigate the manner in which laws have operated in other States. He shall also, if possible, establish card catalogue exchanges with other States where laws similar to this are now in force or hereafter may be passed.

SEC. 6. The director and his assistants shall neither oppose nor urge legislation, but shall, upon request, aid and assist the members of the general assembly, the governor, and the heads of departments by advising as to bills and resolutions and drafting the same into proper form, and by furnishing to them the fullest information upon all matters in the scope of the bureau relating to their public duties. No employees of the bureau shall reveal to any person outside of the bureau the contents or nature of any matter not yet published, except with the consent of the person bringing such matters before the bureau.

SEC. 7. The printing and binding necessary for the proper performance of the duties of said division, or the proper preservation of material collected under the same, shall be done by the State printer, upon the order of the superintendent of public printing and binding, upon requisition of the legislative director, countersigned by the State librarian; and the board of public grounds and buildings shall, upon the requisition of the said director, countersigned by the State librarian, furnish the bureau with such books, stationery, supplies, furniture, et cetera, as may be needed to properly conduct the affairs of the bureau.

Approved the 27th day of April, A. D. 1909.

RHODE ISLAND.

(General Laws, revision of 1909, ch. 38. Public Laws 1471, Apr. 23, 1907. Public Laws 1554, Apr. 30, 1908, pp. 193-194.)

SEC. 17. There shall be in the State library, under the direction of the State librarian, a legislative reference bureau, which shall collect, arrange, and place on file books, pamphlets, and other material relating to legislation, which shall prepare abstracts of laws in other States, and which shall present such other information as may be useful and necessary to the general assembly in the performance of its legislative duties. SEC. 18. The State librarian shall, with approval of the secretary of state, employ such assistants and incur such expenses as may be necessary in the proper administration of the bureau, and the sum of twenty-three hundred dollars, or so much thereof as may be necessary, is hereby annually appropriated to defray the expenses of said bureau, and the state auditor is hereby authorized to draw his order or orders on the general treasurer upon receipt by him of vouchers approved by the secretary of state

SOUTH DAKOTA.

(Session Laws 1907, ch. 185, pp. 395–396.)

AN ACT Entitled an act establishing a division of legislative reference in the State library.

Be it enacted by the Legislature of the State of South Dakota:

SECTION 1. DUTY OF LIBRARIAN: The State librarian is hereby directed to establish in the State library a division of legislative reference, in which he shall provide the reports of the various officers and boards of this State, and as far as may be of other States, and such other material upon economic and sociological subjects as he may be able to provide, and shall index and classify the same and make the information therein available for the use of the State legislature, and shall, as required, provide for the use of members of the legislature such information and assist in drafting bills, and in every reasonable way make the division useful in the preparation of legislation.

SEC. 2. The various departments, officers, and boards shall provide copies of their reports and publications for the legislative division of the State library, and the secretary of state is directed to supply to the same a complete set of the statutes and session laws of the State and of the reports of the supreme court.

SEC. 3. REPEAL: All acts or parts of acts in conflict with this act are hereby repealed.

Approved, February 18, 1907.

TEXAS.

(General Laws 1909, ch. 70, p. 126.)

AN ACT To create the Texas Library and Historical Commission, setting forth the purposes of the said Library and Historical Commission, defining its powers and duties, etc.

SEC. 11. That the said Library and Historical Commission is hereby authorized and directed to maintain for the use and information of the members of the legislature, the heads of the several State departments, and such other citizens as may desire to consult the same a section of the State library for legislative reference and information. The Library and Historical Commission shall appoint an assistant librarian competent to conduct the work of said legislative reference section. Said assistant librarian shall have available for use explanatory check lists and catalogues of the current legislation of this and other States, catalogues of the bills and resolutions presented in either branch of the legislature, check lists of the public documents of the several States, including all reports issued by the various departments, boards, and commissions of this State, digests of such public laws of this and other States as may best be made available for legislative use. Said assistant librarian shall give the members of the legislature such aid and assistance in the drafting of bills and resolutions as may be asked.