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Library Legislation

Library Legislation (1921)
by William Frederick Yust
2847955Library Legislation1921William Frederick Yust


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LIBRARY LEGISLATION


BY

WILLIAM F. YUST


PREPRINT OF
MANUAL OF LIBRARY ECONOMY
CHAPTER IX


EDITION 2, REVISED


American Library Association Publishing Board
78 E. WASHINGTON ST., CHICAGO
1921

Front matter (not listed in original)

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IX

LIBRARY LEGISLATION

WILLIAM F. YUST

Rochester Public Library

Library legislation in the United States is of three kinds, national, state, and municipal. National legislation, which is not treated in this paper, relates mainly to such subjects as book postage, the importation of books, the distribution of government documents, and to libraries which are under federal control. Federal aid to small city and rural libraries is under consideration. Municipal legislation is the local application of state law and will therefore be considered only as a part of the general subject.

State legislation in regard to libraries began with the South Carolina act of 1700. Numerous parochial libraries "for publicke use" had been established in the cities of the colonies from Boston to Charleston by the Rev. Thomas Bray. South Carolina had one of these lending libraries and was the first to provide for its protection and regulation. In 1712 a supplemental act was passed because "the unrestrained liberty hath already proved very prejudicial to the said library, several of the books being lost and others damnified."

Stages in the development of legislation.—Legislation on libraries as on other well-established institutions of society exhibits an evolutionary progress. Writers like Dr. H. A. Homes, W. I. Fletcher, and W. R. Eastman have noted certain ​distinct stages in this evolution. These are illustrated by (1) special society libraries, (2) school-district libraries, (3) town libraries, (4) state-aid, and (5) county libraries.

The first stage appears in the incorporation of joint stock companies, which were known under different names, such as proprietary, social, subscription, and even public libraries. The earliest of these was the Philadelphia Library Company incorporated in 1742. Benjamin Franklin, who had founded it eleven years earlier, called it "the mother of all the North American subscription libraries." Then came the enactment of general laws for incorporating these co-operative associations, which sprang up in great numbers. With the rise and spread of the free public library idea their privileges were extended farther and farther until many of them became free libraries with a legal standing as part of the library system of the state. In this way numerous modern libraries are the direct outgrowth of these subscription libraries.

The second stage of development came nearly a century after the first with the establishment of the school-district libraries. These were founded and conducted under state school laws. They were, however, not for the benefit of school children only, but for all the inhabitants within the boundaries of the school district. They benefited largely from the surplus money distributed from the United States Treasury. This plan began in New York state in 1835 and continued in force there for fifty-five years. For many years the state appropriated $55,000 annually for them and an equal amount was raised locally. They were so successful at first that up to 1877 similar laws had been passed in twenty-one states, including many in the East and in the Middle West, and some as far west as California. The plan, however, had serious weaknesses: (1) the amount of money obtainable for any one district was too small to provide suitable additions of books; (2) there was no adequate state supervision and no proper local management ​to insure the preservation and usefulness of the books. Hence interest declined, the books gradually disappeared, and the plan was abandoned. In the rural sections the school district was too small a unit while in the towns and cities a different method of organization was developing.

Although these school libraries were acknowledged failures, they nevertheless performed a useful function in preparing public sentiment for another step in advance. Their value was twofold: they embodied the theory strongly advocated by so eminent an educator as Horace Mann that public libraries are an essential part of a complete system of public education. In this way they were instrumental in educating the people to the need and value of reading. At the same time they served as an important object-lesson in the proper method of library support, namely, through public taxation. The New York law creating them is "the first known law of a state allowing the people to tax themselves to maintain genuine public libraries." They are therefore properly "acknowledged to have been the transition link between the subscription library and the town library."

Some large modern libraries organized and are still operating under this type of law with modifications. Notable examples are the public libraries of Cincinnati, Cleveland, Indianapolis, and Kansas City.

In 1848 a special law was passed by Massachusetts authorizing the city of Boston to levy a tax of $5,000 for the support of a free public library. In 1849 New Hampshire passed a similar law, but made it apply to the entire state, as Massachusetts did two years later on the application of other cities and towns. This extension of the provisions of the Boston law from one city to all the cities and towns in the state marks the third stage of legislative development. New Hampshire therefore has the honor of having enacted the first general law for establishing and maintaining free public libraries by towns through municipal taxation.

​The principle embodied in this law spread gradually to other states as did the school-district idea. Within twenty-five years it was written in the statutes of twelve states—New Hampshire, Massachusetts, Maine, Vermont, Ohio, Colorado, Illinois, New York, Wisconsin, Indiana, Iowa, and Texas, in the order named; in fifty years, 1898, it had extended to thirty-eight states; at present it is in operation in every state of the union.

The fourth stage of legislation began in 1890, when Massachusetts created a state commission to promote the establishment and efficiency of libraries throughout the state. This commission of five members was appointed by the governor and was authorized to give advice and assistance to any free public library and as much as $100 worth of books to any town establishing such a library.

This principle of state aid inaugurated a new era in library development. While the state had hitherto been passive and its laws permissive, it now became active and aggressive. Heretofore all the initiative had to be taken by the municipality; now through this state body an outside stimulus and support was given to local effort.

The new example set by Massachusetts was rapidly followed by other states. In ten years similar commissions had been created in sixteen states and today there are thirty-seven.

The enabling acts in most states provide for an agency similar to that of the pioneer commonwealth, though the form and the name vary in many states. In Alabama the work is done by the Department of Archives and History, in New York by the Extension Division of the Education Department, in Washington by the State Library. There is a tendency toward consolidating the state library agencies with the state education department. The objects however are similar in each, the functions performed varying chiefly in extent, according to the status of public opinion and the size of the appropriation.

​Their fullest extension has been reached in such states as New York, Wisconsin, and California. Their functions are outlined by Asa Wynkoop in chapter xvii of this manual as follows: (1) The establishing of local libraries; (2) aiding and improving local libraries; (3) promoting helpful co-operation between libraries; (4) raising the standard and quality of library service; (5) providing aid to school libraries; (6) aid to libraries in state institutions; (7) providing library facilities where no local library exists; (8) selecting and distributing public documents; (9) library for the blind; (10) legislative reference work; (11) establishing standards of library service; (12) issuing certificates of qualifications to librarians.

The size of the political unit used as a basis for library establishment has gradually enlarged from the school district to the city, the town or township, and to the county.

Many of the early western states in copying the New England town-library laws made provision for township libraries. Not many of these were established except in a few states like Michigan, where they were made obligatory in the state constitution of 1835. This compulsory feature has been twice placed on the statute books of that state and twice repealed, the last repeal in 1909. The libraries established under these acts, although free to all residents of the township, were practically school libraries with a history like the school-district libraries of other states. They have finally swung back to the district system because they are controlled by the school organization, which is based on the district unit. Scattered examples of successful township free public libraries may however be found in a number of states.

A fifth stage of evolution brought the county library into prominence. The county has from the first been recognized as a strong political unit for public-school organization. Likewise it has long presented possibilities for furnishing library advantages to people in large and sparsely settled areas. ​County libraries were provided for as early as 1816 in the state constitution of Indiana and a number of laws were passed to carry out this provision. But little was accomplished there or in the other states having similar laws until the subject was revived by the Ohio legislature in 1898. This led to its consideration in other states and in 1909 California passed its comprehensive law. There are now twenty-five states having some kind of legislation regarding county libraries and a number of other states are preparing to take action. Some permit the county to establish a library, others allow it to adopt an existing library, and some permit either method. County libraries have been most extensively developed in California. The chief features of its law are given on page 13.

The tax rate and the method of government.—Two important questions have commanded attention from the beginning. The first is whether the tax rate for library purposes should be restricted. A maximum limit suggests a liberal rate which is regarded as proper, and yet assures the timid taxpayer that the fixed rate will not be exceeded. On the contrary this restriction in small towns may not permit sufficient support, while towns able and willing are prevented by law from giving more liberal support. A minimum rate assures at least a certain amount of income, although there is danger that this may be wrongly regarded as sufficient for all purposes.

These differences of opinion have never entirely disappeared. In some states, especially those of New England, no restrictions have ever been made, while in the newer and western states either a minimum or a maximum rate or both have always existed. In some, as in Missouri, the rate is graduated according to the need of the municipality and its size and financial ability.

It has been pointed out that there are three forms of tax support: (1) The appropriation of specific sums from the municipal treasury as may be determined from year to year. ​(2) The levying of a regular tax, the rate to be determined annually by the general tax-levying authority. This rate may be fixed by law as to its minimum or maximum or both. In either of these cases the latitude allowed the appropriating body makes an inadequate income always a possibility and frequently a fact. (3) The levying of a regular tax, the rate of which is determined by the library authority, as is the case in Indiana. This follows the school plan of the newer states and intrusts those best qualified to judge with the power to provide an adequate income.

The second question relates to government and control—whether the law should define in detail the method of organization and management or whether these matters should be left entirely to the local authorities. This gave rise to two types, the short law and the long law.

The short law prevailed almost exclusively in the New England states but found its briefest expression in the Texas law of 1874, which read, "Any incorporated city may establish a free public library and may make such regulations and grant such part of its revenue for the management and increase thereof as the municipal government may determine." Such a law allows the fullest freedom to the citizens in each locality to organize and operate the library according to their own views. It is therefore calculated to enlist a large measure of popular interest and its success presupposes a high intellectual and civic standard.

The long law on the other hand aimed to insure the establishment of the library according to approved methods and to safeguard it against too frequent change and political interference in its management. The best early illustration of this type of law is the Illinois act of 1872. It consists of twelve long sections, which fix a maximum tax rate, define the number, mode of election, powers and duties of the trustees, and prescribe various regulations for the management of the library. The ​main features of this act have been widely copied and the long law has become the established method in the great majority of states.

Under the commission form of government a select board of five is retained in Iowa, its members appointed by the city commissioners, serving without pay and having all the powers given to library trustees under the general library law of the state.

A form of government frequently found is that of the "free library," which though free to the public is controlled by an incorporated association. Many of the early subscription libraries developed into this type by becoming entirely free. In return they have been permitted by statute to receive money aid from the municipality and even from the state. This aid is given on evidence officially certified that their service is up to the standard established by law.

As this form of control places the library entirely in the hands of its friends it is frequently adopted for endowed libraries or in starting small libraries before asking for a public tax. Many state laws authorize a municipality to contract with such an association for free library privileges, the library to receive public tax support based on the nature and extent of the service rendered. Such libraries exist in many parts of the country, especially in the East.

The A.L.A. and library legislation.—For a quarter of a century the American Library Association took no definite action on this matter of fundamental importance. In June, 1877, Melvil Dewey proposed a summary of legislation in the eleven states having laws with a view to the preparation of a model law by a committee of the association. In September of the same year Dr. William F. Poole sketched the existing laws noting some of their merits and their defects. He characterized the legislation of forty years as "crude and ill-digested," but thought it more judicious not to draft a ​model statute in order that the association might not commit itself at the time to any specific form of legislation and thus divide its forces on methods.

The policy thus laid down prevailed for a quarter of a century. Meanwhile one state copied from another, incorporating the bad as well as the good features of its laws, with the result that legislation developed in a much more unsystematic way than if there had been a model to follow. Reviews covering the acts of a given year or more were written from time to time, which brought out certain tendencies, but which never resulted in any action.

In 1897 Frank C. Patten for the first time presented in a concise form the essentials and an outline of a good law. The subject was again treated a few years later by W. R. Eastman and in 1909 a committee of the American Library Association prepared and published a model commission law. The chief features of these several papers with additions and modifications are embodied in the following:

Outline of a good library law.—Three essentials which a good law provides are:

  1. Careful and consecutive management.
  2. A sure and steady revenue.
  3. A central agency for supervision and promotion.

Most states have separate laws for local libraries, for the state library, and for the library commission, as well as for other library purposes. These should all be codified in the interest of brevity, simplicity, and comprehensiveness. The following outline is designed to accomplish these ends and to bring all the free public libraries of the state into a co-operative working system. It may be desirable to modify the plan to meet conditions in a given state. But by bearing the essentials in mind and securing the best legal assistance no mistake need be made in the preparation of a good law.

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  1. General
    1. State the purpose of a public library broadly and place its claim to support on the same basis as that of the public school.
    2. Make possible the maintenance of loan, reference, and reading-room branches, and other agencies for book distribution, museum, lecture, and allied educational features.
  2. Establishment
    1. Authorize the governing body of any city, town, county, school district, or other political body that has power to levy and collect taxes to establish and maintain a public library for the free use of all the people. Require it to do so on favorable vote of a majority of those voting on the question at any election.
    2. Provide that on petition of 25 or 50 taxpayers the question of establishment, rate of tax and bonds shall be decided by vote of the people at a general or special election, to be changed only by another vote.
    3. Provide for joint establishment and maintenance by neighboring political bodies.
    4. Prescribe the mode for changing the form of organization of an existing library to conform to the new law.
    5. Authorize a special tax or bonds to provide rooms, land, or buildings.
    6. Provide for keeping as a separate fund the moneys appropriated and received for library purposes and for placing them entirely under the control of the library board. ​
  4. Maintenance
    • Provide for permanent maintenance by a regular annual tax, the rate to be fixed by the library authority within the limits, if any, set by law.
  5. Management
    1. Establish an independent board of trustees consisting of representative citizens of recognized fitness, of either sex, to serve without salary, and place the management wholly in its hands.
    2. Secure a permanent board with gradual change of membership, the number of members to be five to seven, appointed by the mayor or other executive officer for a term of five years, not more than two to go out of office in any given year; or divide the appointing power between several officers or bodies.
    3. Constitute the library a public corporation with power to acquire, hold, transfer, and lease property and to receive donations and bequests.
    4. Outline the powers and duties of trustees, such as to buy sites, erect buildings, purchase books and supplies, engage the necessary employees, fix salaries, etc.
    5. Require state certificates based on special training or experience for certain positions and provide that all assistants shall be appointed by the board on recommendation of the librarian.
  6. Contract
    • Permit aiding a free library with public money and making a contract with some existing library to furnish general or special library privileges to the public. ​
  8. Documents and exchanges
    • Provide for distributing all publications of the state free to public libraries and for exchange of books and duplicates by public libraries among themselves and with the state central agency.
  9. Protection
    • Impose penalties for theft, mutilation, over-detention, and disturbance.
  10. Permanence
    • Provide that a public library may be abolished in the same manner that it has been established.
  11. Central library agency
    1. Name and place. Provide a comprehensive name and suitable quarters. Preferably (name of state) library commission with quarters in the state house.
    2. Commissioners. Five members to be appointed by the governor, one each year for a term of five years; to serve without salary.
    3. Organization. Mention officers and employees and their duties. Secretary not a member of the commission and trained in library work.
    4. Appropriation. Provide for an appropriation commensurate with the needs and resources of the state.
    5. Scope of work. To furnish information, give advice and assistance to existing libraries of a public nature, and to assist communities to establish them; manage the state library and make it the center of the library activities of the state; receive gifts; maintain traveling libraries; publish lists of books; establish standards of organization and of service; conduct institutes and schools for librarians and issue certificates ​of qualifications; manage state grants of money to libraries for. the purchase of books; conduct clearing-house for duplicates and gifts to libraries of the state; co-operate with state institutions and with other states, and perform such other service in behalf of public libraries as may be for the best interests of the state.
    6. Reports. Receive annual reports from libraries in the state; make regular reports to the governor to be presented to the general assembly on library conditions and progress in the state.

Outline of county library law (as originally exemplified in California and modified in other states).—

1. The supervisors may establish a free library for that part of the county lying outside of incorporated cities and towns maintaining free libraries. (Several states provide that they shall do so on petition of a certain percentage or a specific number of voters or after a favorable election. A number of states also provide for the disestablishment of a library and withdrawal from a contract.)
2. Cities and towns may join the county free library or may contract with the county free library for such service as they may desire; counties may contract with each other for joint library service or with a city library to extend its service to the county. (Some states omit the contract system and others vary in methods whereby a city library may become the center of a county library system. The Oregon law specifies in detail certain requirements of the contract.)
3. County law libraries, county teachers' libraries, and school libraries may join the county free libraries.
4. A tax of not over ten cents on $100 may be levied to support the county free library. (Some states also establish a minimum tax.)
5. The county library is controlled by the county supervisors. (The tendency in more recent laws is in favor of a ​special county library board.) The authority in control of the county library levies the tax for its support and appoints the librarian. The administration of the library is in his hands. He must have a certificate from the state board of library examiners.
6. The county libraries are under the professional supervision of the state librarian. (In some states this supervision is by the state educational authorities and in others by the state library commission.) The supervising authority shall require annual reports, visit libraries, call meetings of county librarians and require their attendance.

Among the state laws best illustrating the principles outlined are those of California, Indiana, Iowa, Massachusetts, Minnesota, Missouri, New York, Oregon, Pennsylvania, Utah, Washington, and Wisconsin. These or the statutes of any other state may be obtained from its library commission or other state official.

BIBLIOGRAPHY

The following references arranged chronologically are confined to some of the leading articles. Much additional material may be found in the files of the Library Journal and Public Libraries.

The following articles review the legislation of given years:

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