The San Francisco Law Library

www.plaintiffmagazine.com

NOVEMBER 2008

The San Francisco Law Library: A noble retrospective As a result of increased demand, earthquake retrofitting and lack of space, the historic law library may soon be “homeless.”

MARJORIE DORFMAN The year 1865 was a time of great tragedy and jubilation for Americans. It “The medicine chest of the soul” marked the death of Abraham Lincoln – Library at Thebes and the culmination of the bloody devas- (inscription over the door ) tation wrought by the War Between the States. It was also the year of the estab- The origins of the San Francisco lishment, via the auspices of a group of Law Library are deeply entwined in the leading attorneys, of the San Francisco history of that city’s bar association. Law Library Association and the subse- From the rugged years following the quent creation of a law library for use by Gold Rush to the present day, the build- its members. By 1869, the law library ing stands as a well-respected repository boasted 2,000 volumes. Beset with lack of Pre-1906 City Hall and Law Library, from private of accumulated research and knowledge. support and financial problems, it too collection of Suzanne Smith Read on and learn more about its formi- met the same fate as its predecessor. dable history and enduring legacy, and However, the founders of the law ing, you will certainly recognize his remember the immortal words of Grou- library had learned an invaluable lesson: brother, James H. Deering, who was the cho Marx who once said, “Outside of a a law library supported by private funds editor of Deering’s California Codes and the dog, a book is a man’s best friend. Inside could not possibly serve the entire bar, first editor of the Annotated Digest of Cali- of a dog it’s too dark to read.” courts and various government depart- fornia. James H. Deering succeeded his brother Frank as the director of the law The early years (1853-1870) ments. Members of the San Francisco Bar Association petitioned the state legis- library in 1888. James served as the direc- During the colorful days of the post- lature to establish a public law library. tor and as the law librarian for more than Gold Rush California, San Francisco was In 1870, the San Francisco Law Li- 40 years. He worked tirelessly to gain na- a pioneer town with a population of brary became the first public law library tional status for the San Francisco Law 119,000. Only 376 of its less wild and in the state of California and was dedi- Library, which occurred following the San woolly citizens practiced law. The city’s cated to serving members of the bar, the Francisco earthquake in April 1906. very first attempts at establishing a law li- judiciary and the public. Prior to the 1906 earthquake and brary occurred in 1853 when William B. fire, the San Francisco Law Library had The 1906 quake and beyond: Olds, an enterprising attorney (who is in been located in the old City Hall at the 1870-1916 no way connected to the creator of the corner of Larkin and Grove Streets, Oldsmobile), opened up a law library in There have only been 11 law library where the main branch of the San Fran- San Francisco’s City Hall. Creating a law directors from 1870 to the present day. cisco Public Library now stands. The un- library was a good idea, but like many Frank P. Deering, who was a prominent forgiving earthquake and subsequent such ideas, it was ahead of its time. The member of the San Francisco Bar, was blaze destroyed the old City Hall build- law library met with little support from one of the earliest librarians. Although ing and nearly all of the law library’s the legal community and soon folded. you may not have heard of Frank Deer- 46,000-volume collection.

NOVEMBER 2008

They say that guardian angels pro- http://www.hotelwhitcomb.com/html/ In 1995, City Hall was closed for liferate in times of tragedy, and for the historic-hotel-northern-california.asp. earthquake retrofitting and seismic re- San Francisco Law Library, this guardian pairs. By this time, the law library was angel arrived in the guise of a syna- crammed into 14,000 square feet, even gogue located on the corner of Califor- though it needed more than twice that nia and Webster Streets. It was here that much (36,000 square feet) in order to the legal books salvaged from the ruins function properly. Since there was no were taken and placed in the balcony room to expand out, the law library ex- pews. The Temple Sherith Israel gener- panded up. People frequenting the read- ously allowed the use of its quarters as ing room during this time would have both a law library and a makeshift court- faced high, steep bookshelves crammed house during the post-1906 reconstruc- with books. If anyone needed anything tion period. from one of the top shelves, they would Within a year of the Great Earth- have to summon help – the law library View of the “new” City Hall quake and Fire, and under the tireless couldn’t risk lawsuits from attorneys in- leadership of James H. Deering and the jured by falling off ladders while getting San Francisco Law Library’s board of books. As a result, the library staff be- The Modern Age: 1914-1995 trustees, the law library’s collection grew came quite skilled in climbing the tall, from nearly nothing to 7,580 volumes. At The “new” City Hall housed the San spindly ladder to retrieve books from the the time, resources were extremely lim- Francisco Law Library for almost 75 uppermost shelves. ited. James H. Deering’s staff consisted years. According to Legal Reference Li- of three assistants and Deering’s annual brarian Richard Schulke, the law library The Rare Book Collection salary was $2,400, which was a pittance at City Hall was so antiquated that there According to Richard Schulke, one even by the standards of the day. were no electrical outlets in the reading of the most interesting portions of the Many of the books were generous room. To accommodate the needs of the law library’s collec- donations from private collections and modern patrons, the law library staff tion is the Rare law libraries all over the country. By the snaked a tangle of electrical extension Book Collection, time the law library moved into the cords from an office, pinned them to the which contains an newly constructed City Hall in 1914, the high ceiling, and dropped them down estimated 11,000 collection had grown to an amazing into the reading room just to provide volumes of signifi- 37,720 volumes! power for the photocopiers and a few cant international During the post-earthquake recon- lights. Many attorneys recall with fond- and scholarly im- struction period of 1910, San Francisco ness the historical feel of the room and portance dating architects Rushforth and Cahill were the simplified technology options, such back to the 15th drawing plans for a new hotel. The pro- as the antique typewriter used by lawyers Statham’s Abridge- century. A large and pro per litigants to fill out Judicial posed site at Eighth and Market Streets ment, portion of the col- faced the Civic Center and attracted the Council forms. www.columbia.edu/cu/ lection consists of attention of city leaders who needed a Still, it was home from 1914 until lweb/eresources/ ex- medieval English temporary City Hall while the original October 17, 1989, when the Loma Prieta hibitions/treasures/ law practice materi- was being rebuilt. Inspired by a sense of earthquake shook the Bay Area. Yet html/long_topic10.html als. The oldest vol- civic pride, the Whitcomb Estate agreed again, San Francisco’s City Hall was the ume, Statham’s to have their hotel serve as City Hall. Be- victim of an earthquake, wreaking havoc Abridgement, was published in 1490 and tween 1912 and 1915, Hotel Whitcomb on the building’s elevators, damaging contains the first compilation of English served as the seat of government for San the plaster, and cracking the marble on law. Francisco. According to Gladys Hansen, the walls. Along with the crumbling Since nearly all of the law library’s the curator of the Virtual San Francisco walls, many bookshelves collapsed, top- rare books were destroyed after the 1906 History Museum site, the Hotel Whit- pling and destroying many of the law earthquake and fire, James H. Deering comb housed the Mayor’s office, the library’s materials. In order to walk was determined to rebuild the rare book courts and the San Francisco Law Li- through the aisles, you had to climb over collection. The rebuilding included the brary. In fact, even today, curious hotel piles of books, waist-high in some places. acquisition of an extensive collection of guests can arrange a private tour of the In spite of the damage, the law library rare legal works, which were mostly from jail cells in the basement. See reopened in less than a week. England and other parts of Europe,

NOVEMBER 2008

something highly unusual for a public Ali, Sirhan Sirhan, Lana Turner, Tony When City Hall reopened, there was law library to have. By the late 1940s, the Curtis and Mae West, was both a fre- no room for the law library. At the time, rare book collection totaled nearly quent user and contributor to the San the law library was promised a new build- 11,000 volumes. Francisco Law Library. Librarians would ing that would be built near the court- Many of the titles in the rare book often chuckle about the fact that when house. That building was never collection were acquired by Robert Car- some of his books were out of date and constructed, and the law library remains swell (a legal publisher) and his son who no longer on display, he would go to in the “temporary” location 14 years explored antique shops and bookstores the stacks, retrieve the books he au- later. If another location is not found, in Europe in the 1930s and 1940s. They thored and personally place them on the law library may be homeless again would offer some of their finds to a list of the display shelf at the front of the law because the Veterans War Memorial favorite law libraries, and the San Fran- library! building is closing soon for retrofitting. cisco Law Library was third on the list The law library expands to Filing fees pay for library services after Harvard Law School and the serve more attorneys United States Supreme Court. Frequently The San Francisco Law Library is a the Supreme Court turned down these In 1947, the law library acquired a nonprofit corporation that provides serv- offerings, much to the benefit of the San private law library and a local bar associ- ices to the City and County of San Fran- Francisco Law Library. ation collection and opened a downtown cisco. The law library is funded by civil In 1995, the Rare Book Collection branch located in the Mills Building to court filing fees, with a small appropria- was moved to a special climate-controlled better serve local attorneys. The law li- tion from the City and County of San warehouse. Because the library lacks a brary was open on evenings and week- Francisco for rent and utilities. The col- permanent location and sufficient space ends, a first for a law library, because lection and all operating expenses are at the present time, these fascinating ma- having access to legal materials outside paid for with the money the law library terials are not accessible. of business hours was of paramount im- receives from a small portion of the City portance to practicing attorneys. (This and County’s filing fees. was long before the days of photocopiers, Today, the San Francisco Law Li- Some notable library tales faxes and other electronic access.) In the brary boasts 300,000 volumes and over The trustees of the San Francisco mid-1980s, the law library’s downtown 400 law reviews and periodicals as well as Law Library have included prominent branch moved to the Monadnock build- an extensive range of legal software (the members of some of the country’s most ing on Market Street. law library offers free onsite access to prestigious law firms. Included are In the mid-1990s, another branch of Lexis and Westlaw), practice guides, trea- William H. Orrick, Sr. and Eric Sutcliffe the law library was established at the San tises, restatements and other useful re- of Orrick, Herrington & Sutcliffe LLP, Francisco Superior Court courthouse source materials. The law library’s founded in 1863; Sydney M. Ehrman of that is used by many members of the bar, collection can also be found online at the now defunct Heller, Ehrman, White as well as numerous pro per litigants. http://www.sfgov.org/sfll. & McAuliffe, founded in 1890; John A. The law library’s future is The law library also offers a number Sutro, Sr. of Pillsbury, Madison & Sutro, uncertain today of personal services, including fax and e- founded in 1874 (presently known as mail research services. Anyone can use Pillsbury, Winthrop, Shaw & Pittman, Today, the law library’s greatest chal- the law library’s resources, but only attor- LLP); Burnham Enerson, of Mc- lenge is to find a permanent location for neys living in or having offices in San Cutchen, Doyle, Brown & Enerson, its main branch. When City Hall closed for Francisco may borrow founded in 1883 (presently known as retrofitting, the law library moved across materials. For more in- Bingham McCutchen); and Sherman Van Ness Avenue to a temporary location formation, contact the Chickering, a longtime trustee of the in the Veterans War Memorial building, law library at 415-554- California Academy of Sciences and along with the mayor and Board of Super- 6821 or visit the law li- partner with the securities firm of visors. It was expected that the law library brary’s Web site at Chickering and Gregory, which was would return to City Hall after the retro- http://www.sfgov.org/sfll. founded by Sherman’s grandfather in fitting was completed. Because the tempo- Marjorie Dorfman is a the 1870s. rary location was very small and only Dorfman freelance writer and former Attorney Melvin Belli, whose supposed to be used for two years, nearly teacher from Brooklyn, New celebrity clients included Zsa Zsa Gabor, two-thirds of the law library’s collection York. Branching out from the world of ghost Errol Flynn, Chuck Berry, Muhammad was put in storage and is inaccessible. and horror fiction, she specializes in humorous

NOVEMBER 2008

non-fiction and historical writing. She writes Francisco, CA 94102, telephone 415-554- the San Francisco Courthouse Reference feature articles for several local newspapers. 6821. The Financial District Branch, lo- Room at 400 McAllister Street, Room San Francisco Law Library loca- cated in the Monadnock Building at 685 512, San Francisco, CA 94102, telephone tions: Civic Center Main Law Library, Market Street, Suite 420, San Francisco, 415-551-3647. More information can be 401 Van Ness Avenue, Room 400, San CA 94105, telephone 415-882-9310, and found at http://sfgov.org/sfll.