THE PRESENT STATUS OF LEGISLATIVE REFERENCE WORK

It is now more than twenty years since the need of specialization in the library's work on subjects of legislation was recognized in New York in the creation of a special staff for such work, and it is just about ten years since the successful combination in Wisconsin of such special reference work with the formulation of bills aroused most of the states to the possibilities of usefulness in this field. It would therefore seem worth while to examine the work so far done to discover if possible such principles and tendencies as may be subject to generalization.

It is at once obvious that any such generalization in a broad sense must be difficult, for this present year shows in legislation both east and west that we have not yet come to rest on such fundamental principles as to method even though there may be substantial unanimity as to policy. The new laws in Vermont (and I think in New Hampshire) in the east—in Ohio, Indiana, and Illinois in the middle west—and in California on the Pacific coast show such differences that it is evident that local conditions must still be very largely controlling. And to go back a full year or more would bring to notice the new work organized in several states through university bureaus but without special legislation, and the proposals before the Congress.

Comparatively little examination shows that the conception of the work to be done differs widely. Mr. Kaiser of the University of Illinois, who is preparing a detailed study of the subject, writes me: "I find that in practically thirty-two states it is attempted in some form or other—the state library as a whole, a division of the state library created within the library, a division created by law, a separate bureau, library commission bureaus, state university bureaus, etc." Obviously this must include practically all states where the state library is other than a law library only or a historical collection only, and must credit with doing legislative reference work those states where general reference work is done on subjects of legislation. But there is a more exact use of the term which takes account of the fundamental principle well suggested in the statement of the Librarian of Congress in his communication to Congress in 1911. "A legislative reference bureau goes further [than the Division of Bibliography]. It undertakes not merely to classify and to catalog, but to draw off from a general collection the literature, that is the data, bearing upon a particular legislative project. It indexes, extracts, compiles." It breaks up existing forms in which information is contained and classifies the resulting parts, and often "adds to printed literature written memoranda as to facts and even opinions as to merit."

Such work as the legislative reference staff should be qualified to do is distinctly informational rather than educational in its reference to the patron. It does the work of research, of gathering, sorting and uniting the scattered fact material wanted and presents the results ready for use. And to be fully effective this work must in some way be co-ordinated with the formulation of legislation, so that the product offered by the legislator may be both firmly founded and properly constructed. This work is so evidently necessary that it will be done in an increasing number of states whether the state library or some other agency undertakes it and protects its efficiency by the impartial, non-political and permanent organization of it which can be there best provided.

Practically all legislation specifically providing for such work has been passed in the years beginning 1907 and it is significant that most of this emphasizes research and drafting. The laws specially providing for such work are as follows:

An analysis of the work done, whether provided for by legislation or by administrative practice, shows certain other facts. The number of the staff in any state is often variable, temporary or part time assistance is often used, and this is true where this work is not a part of the work of a state library or other wider organization. Furthermore, the cost in money is almost impossible to estimate accurately in many places, because of this co-operation with other work. In starting a new work this difficulty in answering the question of what it costs elsewhere must be faced. The best way to meet it seems to be to make the comparison on the basis of the work wanted, definitely planning what is to be done, and asking for a lump sum to cover its estimated cost.

The drafting proposition is a most important element. Some three or four states already have official bill-drafting agencies, other than legislative reference departments, and a number of others definitely depend upon the attorney-general's office for this work. In some states there is opposition to putting this in the hands of a non-legislative agency, and in others the libraries, while ready to handle a specialized reference work, are not ready to undertake drafting. Obviously this work requires highly specialized training, and equally, I believe, it will be agreed that this service should be rendered and that it must be in the closest co-operation with the reference work. There is no doubt in my own mind that the best condition is that of a single agency to perform this dual work, where the establishment of such is possible, and the usual organization seems to include both the expert draftsmen and the special clerical and stenographic assistance.

This service in the primary formulation of bills must inevitably lead to a similar assistance as bills progress toward final enactment. This care as to form through the processes of amendment and revision will ultimately be complete if the enacted statute law is what it should be "to stand the test."

This leads me to certain suggestions of other fields of service in the legislative process which should all tend to better the whole legislative product. Of course, in much of this service the emphasis is placed upon form and make-up of the final product, the discretion as to subject matter resting elsewhere, but that discretionary judgment is to be based upon the most complete information it is possible to furnish. Most of these services are now performed by the libraries or other non-legislative agencies in some states, but of course not all, or indeed many, in any one state. They include editing, foot-noting, side-noting, indexing of session laws, and the preparation of tables of amendments, repeals and similar matter; the proper filing and care of original bills, journals, committee records, and similar matter, after the work of the session is completed; the editing and indexing of the printed journal; editorial work of various forms upon the legislative documents. These are all services needed by our states, useful to the legislative bodies, and only properly handled through some permanent agency. Is the state library that agency? I leave the question for your consideration, and suggest that some uncertainty at present as to just what may be most desirable is evident particularly in the new legislation in Vermont, Ohio, Indiana and California. It has already been brought out in prepared paper and in discussion at this conference that the state library should not be a central public library in its content or its method. It is rather possible to express the field of its activities as that of a collection of special libraries. Into that field would come quite naturally the varied services to the legislative branch of the government which have been suggested. As already stated some of them are now supplied in some states. What we shall ultimately work toward in our states is a complete organization of these allied branches of work, all of which focus about the work of the legislature. Some of these services are at once recognized as within the field of the library—about others there is a decided difference of opinion. But they all have many common elements, many points of contact. They are most effectively to be handled as a group. The tendency will surely be toward a concentration rather than a scattering of these parts of one general work. Plans for such a concentration, adapted to a particular set of conditions, to be sure, have already been put into concrete bill form in New York and the bill was before the legislature this year. The question presents many new features, but is not something to be answered perhaps in the distant future; it is rather, I believe, worthy of a very real consideration in the present.

The PRESIDENT: The second paper this morning, which follows very logically after the one which we have just heard, will be by Mr. DEMARCHUS C. BROWN, state librarian of Indiana, on