Librarian Law

The New York State Legislature is somewhat famous for
setting forth laws regarding its own conduct that are sometimes a bit more
yielding than laws applied to the rest of the public. But no one is above the
law of the librarian. The 1855 “Catalogue of the New York State Library,”
published by Charles Van Benthuysen, laid down the laws and regulations
relative to the library, then located in the Capitol in Albany. The trustees,
in setting regulations, found it necessary to set forth special rules for the
members of the Legislature who wished to borrow its volumes. At the time, only
members of the Legislature, selected members of the judiciary, and certain
department heads were allowed to remove books from the Library: “any member of
the Senate or Assembly, during the session of the Legislature or of the Senate
only, is permitted, under the restrictions, forfeitures and penalties
hereinafter mentioned, to take to his boarding-house or private room any book
belonging to the Library, except such as are herein determined to be necessary
always to be kept in the library as books of reference.

So, what happened when those books didn’t come back from the
boarding-houses and private rooms?

“13. Three days before the day fixed for the adjournment of
any session of the Legislature, or of the Senate only, the Librarian shall
address a note to each members of the Legislature or of the Senate, as the case
may be, having any book belonging to the Library, requesting the return thereof
within twenty-four hours.

“14. After the expiration of the said twenty-four hours, the
Librarian shall immediately make out a list of the members of each house who
have omitted to return any books belonging to the Library, specifying the
volumes retained by each; and a list of those against whom any charges for any
injury to or loss of books exist, stating the amount of them; which list shall
be alphabetically arranged according to the names of the respective members,
and shall be certified to be correct. To the President of the Senate, the
Librarian shall forthwith deliver the list relating to that body; and the list
containing the names of the members of the Assembly, he shall forthwith deliver
to the Speaker; and upon each list shall be written a copy of the section of
the Revised Statutes in regard to this matter above set forth.

“15. Twenty days before the opening of any annual session of
the Legislature, the Librarian shall report in writing to the trustees the
title of every book, map, chart, print, engraving, or other article missing
from the Library since the catalogue of the previous years was made out, or, if
no such catalogue has been made, then since the date of the said Librarian’s
last annual report to the trustees; together with the name or names of the
persons who appear, from the entries of the Librarian, to have borrowed or
detained the same, to the end that such list may be submitted to the
Legislature by the Trustees.

“16. All penalties imposed under any of these rules may be
remitted by the Library Committee, either wholly, or on such terms as they may
deem proper. “

What level of public shaming was imposed on members of the Legislature for overdue library books is, sadly, not recorded.