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Special Libraries, November 1912 Special Libraries Association San Jose State University SJSU ScholarWorks Special Libraries, 1912 Special Libraries, 1910s 11-1-1912 Special Libraries, November 1912 Special Libraries Association Follow this and additional works at: http://scholarworks.sjsu.edu/sla_sl_1912 Part of the Cataloging and Metadata Commons, Collection Development and Management Commons, Information Literacy Commons, and the Scholarly Communication Commons Recommended Citation Special Libraries Association, "Special Libraries, November 1912" (1912). Special Libraries, 1912. Book 9. http://scholarworks.sjsu.edu/sla_sl_1912/9 This Book is brought to you for free and open access by the Special Libraries, 1910s at SJSU ScholarWorks. It has been accepted for inclusion in Special Libraries, 1912 by an authorized administrator of SJSU ScholarWorks. For more information, please contact [email protected]. Special Libraries Vol. 3 NOVEMBER 19 12 No. 0 PUBLISHDD BY THE ulate thought ~ndcliscnssion, my misgiv- SPECIAL LIBRARIES ASSOCIATION ings left me in a measure; and it is with Monthly exccpt July and August. a lighter heart, as well ns a deep apprecia- Eclitorinl nnd Fnbllcntion ORco, Stnte Llbrary, tion of the honor, that I essay the task. Indianapolis, Ind. Before taking up the subject in detail, 1 Subscrlgtlons, 03 Broad street, Boston, MRSS. need hnrdly do more than refer briefly to ICntcred at the Postotacc at Indlannpolis, Ind., the great pol~ularoutcry of the gresent time as second-class mntter. against our laws and our methods of making Subscription ...$2.00 a year (10 numbers) and of interpreting them. To the mind of Single copies .....................26 cents the average man the making of laws is one of the easiest things in the world. The Fresldent .......................D. N Hnndy electors all over our broad laud go to the tnaurnnce Library Assoclatlon, Boston, Mnss. polling place and cast their ballots for legis- V~ce-Preslrlmt ................R. H. Johnston Burenu of Iinilwny Economics, Wnshiugton, D. C. lative representatives chosen at random Seczetnry-Trensurer ............ Qny B. Mnrlon Prom among the people. And these legisla- Ltbrnry, .\rthur D. Llttle, Inc., 03 Broad St. tors, the electors think, must, through some EXECUTIVE BOARD mystic power, become ips0 facto vested with President Vlce-President Secrctnry-Treasurer C. E. Rormnn, people'; Gas Llgbt and ~oki the slrill and the knowledge requisite in 1'0. Chlcngo : nnd Mlss Florence Sooncer. Na- drafting and enacting wise and comprehen- - , ~ tionnl Citv Bank, New York Clty. sible laws. hlnnngiug E'ditor of Specinl Libraries :-John A. Lnpp. State Librnry, Indlnnapolis, Ind As Ordronaux in his work on Constitn- Assistant Editor, Ethel Clelnnd, State Librnry, lioual Leg~slationsays, "The righl to make Ind~annpolis,Ind. laws being the political heritage of Bvery CONTRIBUTING EDITORS citizen in a relmblic, the knowledgo neces- I?!'. N. Morton, Unlted Gns Improvement Co., Philadelphlt~. sary to frame them is assumed to come to H. H. l7. Meyer, Librnry of Congress. him by intuition." Yet, to quote from Mill D. N Ihncly, Insurance Ltbrary Assoclatlon, on "Representative Government," "There is hardly any kind of intellectunl work which so much needs to be done, not only hy ex- Bill Drafting .........................I77 perienced and exercised minds, but by minds Select List of References on the Trading trained to the .task through long and labor- Stamp Business .................... .I82 ious study, as tha business of nlaking laws." Bibliography of Interest to Public Serv- But among thinking mcn, among those ice Corporations. .I84 whose thoughts ultimately are carried into ................... action, there is an increasing aplireciation A Selected List of References to Recent of the necessity of greater knowledge, of Publications of Interest on Fire Insur- greater care and slrill in the drafting of ance. ...............................186 our laws. How is this to be brought about? Bibliographies. .......................I88 We cannot change our form of government. Current Referenoes. ................... .I90 It must still continue to be representative in theory at least, however it may be in practice. We cannot choose as our represen- BILL DRAFTING* tatives only those who have the slrill and By fames McXirdy, Assistant Director, Penn- experience necessary in the drafting of bills. How, then, is the problem to be solved? sylvania Legislative Reference Bureau. A number of solutions have been proposed: When I received from our worthy Presi- some very practical; some absurd in the ex- dent a request that I prepare for this meet- ereme. The solution which seems to prom- ing a paper on Bill-drafting, r was greatly ise the best results, and the one to which tempted to decline. There are so many we shall, for our present purposes, confine among you, by learning, by ability and by our attention, is the one that aims to gro- experience, better qualified than I to under- vide for the members of the state legisln- take this work, that it seemed presumptu- Lure a permanent. body of men, skilled in ous in me to accept. However, when I came the drafting of legislative bills, and thor- to realize thoroughly that the chief function oughly familiar with the laws of the par- of a gaper read at our meetings is to stim- ticular state and the judicial deci~iopsthere. *RG~at the meeting of Special Libraries Aseociation, Ottawa, Canada, SPECIAL LIBRARIES on-sperlalists in law-making, as it were. will often show both the strength and the From his constituCenta the lenfslator will shol.tcomings of the laws framed by the aSceWin tile defects in the evisting law, Or legislature of his state. the new phaces in modern sncietv that ne- Further than this, he must have an inti- cessitate new Ieqislation Carrving these mate acquaintance with the constitution of idew to the draftsman, the ides can 1.e put his own state, and the .judicial interpre- into the form of a bill whirh, if it beromes tations of the various sections of the same. a law will fit ivto and form a homo-eneous Unless he knows the limits within which, vrt in the genevI statute law of the state. by the orginic law, he must labor, he is Th1.s tl-erc! wIll RVISP In time a new nrofes- unable to judrre of the possible validity of sion-th~t of the werialist in legislation' his 1.111 shnuld it become a law. Another the le-islative draftsman. set of conditions must be familiar to him, nofore t~lcinr~rr, the main suhiert of Rill- na.mely, thofie imnosed unon the several drnqtIl~ait mi-ht not he am is^ to disms stntes by the federal constitution. He bleflv the ouslifir?tions renui~itein a mem- shonld, bv reneated rendins and study, be- her nf ti-is new nrofesqiw. Pleasp re.nPm- come thoroushlv acqu~lntedwith its nrovi- Iwthgt we are now tallcinq of the idral slons and with thr indicia1 intorl?retations dl'aftsrnan. None of us can attain this ideal; made thereon by the Supreme Court of our but tnmarrl it are may ever fitrive as to an Lnnd. ea-erlv ~oiieht pnn1. Lnstlv, the draftsman must carefully Tn the flrst nlare, the Idea1 draftqwqn sti~clvthe st~ndqrdwOr1cs On ronstrnction of mwt Frwe th~fawlfv of exwessing clearly statntes. Rill-draftins Is svnthettc: stntu- and cnc-lnntlv his I~~PRSin TOTIS. Powev- toisy construption is anslvtic. The one is er rre-t his leflming. hcavm=r lone his ew- the converse nf the other. Rv a careful n~rlono~.If he rnnnot rlnthe hi4 idws in studv of prepedents in coeatrvrtion our si~ltol'l~l-nmame he mwqt leave hill-draft- rlraftsman mill learn to avoid the nitfalls Ins tn oth~1.s TIRWVPTS do not often have and dancers that others have encountered thfc: fqrultv: Inrlmes rarelv ~~~SPSSit: and, Rv cn~efulattention to this the draftsman rrnfnrtiinatelv. it 1s nften larlcinc amonq the will lenve less work for the courts to do, mrmhprs nf the le~ldature. As a writrr in and will co far toward removing that gronnd a rprent numb~rnf the Ameriran Law Re- of common roprosah: that the judges often view SBVR: "Tt 14 fonlkh to ssqwne thnt make our laws for us. ~11lawv~rs can draft statutes. Such work Let us assume. then, that our draftsman r~~virwa cnnc~ntrntion of mind and of possesses all these requlremrnts-what exnreqslnn that Cew men have." This now- must he next do? He must nractice, prac- er of ronmntro tim qnd e~nw~sion.hnmever. tire, practice. He must examine laws: not maTr be rultlvnted bv nsdduons practire. I with an eve single to the content, but with shall refer to this later. The draftsman his mind centered on their phrasinq H~ve mkht nrnfltnblv nnv heed to the ~dviceof the idew been expressed clearly? Have they the late J~~stipeSteahen of England. who been expressed briefly? Could the ideas said that he "was not accnstomed to use have been stated otherwise and have gained lnnaun~rewith thnt desree of precision in clearness and brevity by the ohange? He which is essentisl to evervone who has ever must answer all these questions. He must had to draft Acts of Parliament, which, al- recast laws. He must strive to compress; thouqh thev mav be easy to understand, to be concise; to express himself with a peonle contlnuallv trv to misunderstand, minimum of words and yet with a mnxi- and in whish, therefore, it is not enough mum of clearness. As Jlhert, the omcia1 to attain to a degree of prerision which a draftsman of the British Parliament, says, person reading in sood faith can under- "Every superfluous word may raise a de- stand; but it is necessarv to attain, if pos- bate in Parliament and a discussion in sible, to n degree Of grecislon which a per- court." Our draftsman must look for mod- son reartino in bad faith cannot mis~inder- els, and study them.
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