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.