Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1897-06-04
STATE HOUSE.
Some Questions Answered Regard
ing Maine Reports, Acts, Etc.
Railroad Notes Meeting d Executive Com.
mistee, Board Of Agriculture.

ne Sedie lbfaflan. Hon. IL. -. Carver,
has received number Of inquiries, many
OF them very urgent in their tone. as to
the statutes regarding the responsibility
of keeping the Maine reports. acts, re-
solves, digests. ETC.. which are sent out
from the library to the town clerks of
the several towns for the free use of the
inhabitants.
The following letter of inquiry is an in
teresting statement of the condition of
affairs as it lies on the mind of one of
the clerks:
! have not received that digest yet. 1t
came to A and he gave ii to b. and said
to me that | had no business with it, as
the town voted last March to loan their
Maine reports and digests to b: but l did
not think that the town could lend any
think that it did not have. don't know
whether b has given the receipt for it or
not. He will not give it to me that l
know.
These copies referred to according to
the statutes, are to be placed in the free
libraries, If any there be. If there are
none, the town is expected to appoint a
man. who shall be responsible If none
is elected, then it falls to the care of
whomever the selectmen may choose. If,
further. none such is elected, the prop
erty. being State property, comes to the
keeping of the city clerk The following
letter Is the reply which treats fully
of the matter, from the librarian:
My Dear Sir: Under the laws of this
State the Maine reports, acts and re-
solves, digests etc, sent out from this
department TO the towns remain the
property of the State and are loaned to
the towns for the free use of all the in
habitants thereof. BY resolves 1880
chapter 1893. the State librarian is di-
rected to send these books to the town
clerks of the several towns. There is
nothing said in the statutes as to- the Gus
tody of these books after they have ar
rived at their destination, except in
towns where free libraries exist. Where
these libraries have been established, all
books. laws, reports, digests and other
literature received from the State must
be placed in the town library and kept
there for the use and benefit of all the
people. In town where there is no
free library, the citizens by IA vote under
an appropriate article in the warrant.
may designate some person and place
where all books received from the State
may be kept for the use of the inhabi-
tants of the town. However, a vote to
place the books in the hands of a person
not residing i'm the town, thus virtually
depriving the inhabitants thereof, the
use and benefit of the books, would be
illegal and void, since it would defeat the
very purpose for which the books are
sent to the towns, and would be the ex-
ercise of Il power and property in the
books by the town which the Legisla-
ture has by. statute expressly reserved TO
the State.
In other words the town has only a
special and limited property and control
in the books. and this property and pos
session must be used in such manner as
to make the books available and useful
for the purpose for which they are con-
fided to the keeping of the town. Any at
tempt by the town or its officers TO de-
feat this purpose, or to place the DOCKS
in the hands of any person or in any
place where the inhabitants cannot nave
a reasonably free access and use OF the
same would be unlawful and an exercise
of property in and dominion over the
books that in law would be a tort denom-
mated as trover. When books are sent
10 the town clerk and the town has not
designated any person. or provided any
place where they shall be kept. the Sc
lectmen may by action in due form. de-
s.gnate the custodian and the place for
such books under the limitations above
mentioned.
In the absence of any legal action by
the town or by the Selectmen. the clerk
should keep and care for the books sent
to him by the State for the use OF the
town He would in effect act as LIBRA
rian for his town. Neither the town nor
IFS officers can delegate to any one any
other power or duty in reference to these
hooks If your town or selectmen nave
appointed some other person to act as IL
brarian and custodian of the BOOKS re-
ceived from the State. ii would De pfoPtr
for YOU to request from such person re-
CONT when YOU deliver the books TO him.
Resnectfully l.. ID. CARVER,
State Librarian.