Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1890-10-06

rule 5, which reads as follows:
-. Whenever. Judge of any, Court of record
in this State desires book for his information
in determining any case in his Court or when
he deems it necessary for any attorney to have
any book in the library for use in any trial or
proceeding, he may make q written requisition
on the LibrariGn tor such book. and the order
must Imply personal responsibility for its safe
return. The expense of transportation must in
all cases be borne by the applicant
This is the Iue that provokes the learned
Judges ire. The Judge thinks that any and
every lawyer in the State ought to pack any and
all books out of the library at will. The law
provides that a legislators salary must not be
paid until all books are returned; that State
officers sd AIRY cannot be drawn If ne is delin-
quent for books out of the library, but, accord
ing to this learned Judge. any man who has
license TO practice law ought TO be allowed to
fill his library with the property of the State.
The Judge said the Trustees were imposing
a responsibility on him he would not take. We
do not seek to have Judge Van Fleet assume
any responsibility. If he has shysters practic-
ing in his Court VINO will not return books we
60 not wish him to make the order, but we do
not intend that the State shall be loser as she
has been. He seems to think it beneath his
dignity TO attend TO such small matters. The
state of New Jersey requires that permit shall
be obtained from the Chief Justice to take a
book from the law library.
In the State of Indiana the law department is
under the supervision of the Supreme Court,
and 1t has ruled that 1t Is contempt of Court
for any person to remove a book from the library
except Tor the urpose OF oral argument before
the Supreme Court.
Then why is it beneath he dignity of Cali
fornia Superior Judge to sign requisitIon for a
book to be used in his Court. He can protect
himself from financial loss by ordering all such
books into the hands of the Gle K for return,
or he can maze 1t contempt of Court as in In
diana, for any attorney to fail to return book,
or he may make a Iule requiring deposit to the
full value OF the book. He is certainly in
better position TO protect the property OF the
State in his Court, than are the trustees of the
Library or the Librarian The rule was made
with further view OF aiding Superior Judges
throughout the State in the discharge of their
official duties. II 1t is q hardship ON Sacra-
mento lawyer whom Judge Van Fleet could not
trust to handle book even in his Court. to for
bid him taxing books out at WILL why is it not
benefit to the Superior Judge of San Diego to be
able to know by what channel he may get one
With view of obtaining information relative
TO the mans cement of the different State Ii
braries IN the United States, letter was mailed
to the several state Librarians requesting infor
nation on certain subjects, and one of the cues
tons asked was as follows:
What persons, il any. are privileged to draw
books from the Library?'
II has been found that nearly every State Ii
brary in the United States is governed by rules
almost identical with those adopted by the
present Trustees of the California State Lib ary
The following answers are samples of those
| received from large number OF the State Ii
brarians in reply to the foregoing question:
Kansas (27,ss1 volumes)-"Member of the
| legislature during its session. the officers
| of the Executive Department of the State.
| Justices of the Supreme Court ard Judges of
the District Courts, and no other persons, shall
| be permitted to take books rom the library
Missouri $4,000 yolumes)-"Judge of the
| Supreme Court state officers aud members of
! the General Assembly"
| tennessee eco, coo volumes)-"Presidin Judges
/ of kaShvi lie Supreme Court when in session,
| members of the Legislature when in session.
| In this connection We respectfully beg leave
to direct your attention to the following section
| OF IAN Act to Provide for the Management and
| Control of the Tennessee State Library-Ap-
proved February q, 1879"
Section T. Be it further enacted That the
| Librarian shall permit no map, chart, engrav-
| ing, or book to be carried from the Library,
! except by the Judges of the supreme Court,
Judges Of the United States Courts and the
| District Attorney of the United States Court or
| by the members of the General Assembly, and
| then only, by leaving with the Librarian a re-
ceipt for the same. Aad any rotation Of this see
| ton snail be misdenednor: and upon conviction
| thereof, the Librarian shall be fHed IN The sum OF
| not less than SO nor more than so.
'PrOrided, That no Lqlcyer, or other person. shall
take any book rom the library on the receipt Of The
| GOrerH0r, or Supreme Judges, or member OF the
| General assembly. Of 1879 Oh. d. Section Z.
''Also 10 Section of An Act for the improve
| ment and better management of the Law Ii
| brary of the State Approved March 3D. 1879
That said library shall be free to all casual Wis
| iiors, the members of the Legislature. and the
executive and judicial officers OF the State but
no books shall be taken out of the Capitol build
| ing, nor out of the library-rooms, except by q
member of the Legislature, or one of the exeeu-
| tive or judicial officers Of TIE State, on his per-
| sonal receipt for d definite time say ten days
after the lapse Of which it shall be the duty OF
tie Librarian to see tina the book is returned or
accounted for: in default of which in ten days
after notice from the Librarian, the delinquent
shall be liable 10 q fine of ten dollars, to be Ie-
| covered before any Justice of the Peace by the
| Librarian. Act of 1879 Oh. 19J, Section g."
South Carolina 50.050 volumeS)-"N Nobody ex-
! cept officers of the State, and they to be re-
tuTned,
Michigan o. 00O volumes)-'sMembers of the
Legislature, supreme Court, and State officers
and employees
Massachusetts, (70C0O yolumes)-"Ihe Gov
| ernor, MISUNDERSTANDING Council. Senate
| and House of Representatives ana other OIL
| cars OF the Government"
New Jersey (S5,0 0 volumes)-'Those having
permits from the ChiefJustife approved by the
| Librarian, and all State officers having their
| Offices in the State Capitol"
New Hampshire 5000 volumes)-'The State
| government ia time of session of Legislature.
| Must return books within two weeks AT other
| tiIhes any person having a written order from
| the Trustees such books not to be kept out
| longer than tweDty-iour hours at time, By
| lalc'
Texas 5000 volumes)-"No one; must read
| in the library"
| Supreme Coart and members Of Legislature
during session"
Wisconsin $4,000 volumes)-"Ouly State off.
GERS and members Of Legislature and Judges of
Rhode Island (9.ooO voumes)- Books are not
| allowed 10 be taken from library. Any person
may consult them there"
| Vermont (250o0 v0lumes)-'Stste officers
| Judges Of supreme Court and Trustees OF IL
| brery; also, members of the legislature
7 Louisiana (lQ,6l6 volumes Estate officers
/ and members Of the General Assembly during
the SESSION thereof No other persons are pei.
/ glitied 10 remote any bOot from the library
The law department OF the Stale Library of
| Indiana has been placed IN The custody Of the
! with me r,tiac a,,1
| regulations for It's use The following is one Of
| the rules now IN force:
| No book belonging 70 the Law Library shall
| be removed frcm the library room, except for
| the purpose OF oral areument into the Court
! Supreme Court) or consultation room, aud it
| shall be delivered 10 the Court or returned to
/ the library at the conclusion Of the argument.
! any violation Of this rule will be treated as
The law governing the state Library of New
York. the largest in the United States, provides
as follows:
ut shall also be the duty OF the Trustees to pro-
vide in their regulations that no book. map or
! other publication shall be ut any time taken
| out OF the library by any other person than
member OF the Legislature, for any purpose
"The heads Of the several departments and
the Trustees of the state Library shall have The
same right to take books from the library as is
now enjoyed by members Of the legislature"
Section 5 Of the rules and regul ttions govern
ing the New York state Library reads as fol.
"In compliance with the provisions of
the statute above set forth, any member o the
senate or Assembly, during the session
OF the Legislature or of the Senate only
is permitted under the restrictions. tor
feittres aud penalties hereinafter men,
toned, to take 70 his boarding house or pTi-
yste room any book belonging to the library,
except such as herein determined to be neees-
sarv WAYS to be kept in the library as books of
reference The judges of the Court OF Appeals.
the Justices OF the Supreme Court. the heads OF
the several departments and the Trustees ofthe
hooks from the library, and under the same reg
ustions as the members of the Legislature. No
book map manuscript or other article belonging 10
he library shall Be at any time taken out OF the
egeT.''
Delaware 5000 volumes) =" All persons
| whom the Librarian may deem responsible
Seldom any person other than q LAWYER II is a
circulating library THE California State Lii
prarY Is exclusively a reference ibrary.l