rules were for more than a year, according to good authority, absolutely invalid because they had not been enacted by the Municipal Assembly, and that library had no right to collect a single fine. Yet during this time it did collect fines amounting to several thousand dollars, and not a word of protest was heard from the public. In this and similar cases we are getting down to first principles—the consent of the governed; which, whether based on ignorance or knowledge, is what we must rely on in the end for the enforcement of law in self-governing communities. I am afraid that it is this general consent, in a good many instances, that is enabling us to enforce our regulations, rather than any right derived from positive law. To take a related instance, it is by no means certain that libraries are not breaking the law of libel every time they send out an overdue postal notice. The courts have held that a dun on a postal is libellous, and our overdue cards specifically inform the person to whom they are addressed that he owes money to the library, and threaten him with punishment if the debt is not paid. Yet although occasional delinquents remark that the law is violated by these postals, public libraries in all parts of the United States continue to send them out by thousands daily with few protests. This seems clearly a case where the public consents to a punitive measure of doubtful legality, and approves it for the public good.
The second of the two classes into which we have divided infractions of library rules consists of those that are also contrary to statute law or municipal regulation. How far shall these be dealt with purely from the library standpoint, and when shall they be turned over to the public authorities? If a small boy yells at the desk-assistant through door or window he is a disturber of the peace; if he throws at her some handy missile, such as a vegetable or a tin can, as occasionally happens in certain sections of unregenerate New York, he is technically committing an assault; shall he be handed over to the police?
Of course one must not treat trifles too seriously. Yet probably libraries have been somewhat too timid about dealing with petty offences. There is an unwillingness to drag the libraries into the police reports that seems to be a relic of the days when all libraries were haunts of scholarly seclusion.
The modern public library cannot afford to be considered an “easy mark” by those who wish to indulge in horse play or commit petty misdemeanors, and in some cases it is in danger of getting this reputation.
When we come to more serious offences, the library’s duty is clearer. Theft, wilful mutilation of books, or grave disorder must of course be punished. In many cases, however, the detection of the first two offences is very difficult. Theft from open shelves is easy. For the thousands of books lost yearly in this way hardly a culprit meets punishment. I have known a professional detective to confess that the open shelf baffled him. “If you will only shut the books up,” he said, “I can find out who takes ’em; but here everybody is taking out books and walking around with them.” When the professional acknowledges himself beaten, what shall the librarian do? Mutilation is even harder to detect. In both these cases the offender has simply to wait his opportunity. Sooner or later there will be a second or two when no assistant is looking, even if the man is under long-standing suspicion, and in that brief time the book is slipped into the pocket or the leaf is torn out. Even when the offender is caught in the act, the magistrate may not hold, or the jury may fail to convict. A persistent mutilator of books in one of our branch libraries escaped punishment last winter because the custodian of the reading-room where he was caught did not wait until the leaf on which he was working was actually severed. The man asserted that the sharp lead pencil that he was using to separate the leaf was merely being employed to mark a place, and thus by confessing to a minor defacement he escaped the penalty of the more serious offence.
For a library that is thus forced to appeal continually to the law to protect its assistants, its users, and its collections, a manual of library law would be useful, and I am not sure that the appointment of a committee of this Association to take the matter in charge would not be eminently justified.
It is the misfortune of this paper that it has been obliged to dwell on the darker side of library work. It is hardly necessary to remind an audience of librarians that this is not the prominent side. All users of a library are not delinquents or law-breakers, and the assistants have other and better work than to act as fine-collectors and detectives. The sombre effect of what you have just heard should have been dispelled by a paper on “Rewards and delights of library work,” but this the Program Committee has seen fit to omit, probably because it is not necessary to emphasize the obvious.
HOW LIBRARIANS CHOOSE BOOKS
The form in which this subject is stated removes it from the region of ethics and brings it down to the hard realms of fact I am not to tell you how librarians ought to select books, but how they do select them. I shall assume, however, that you do not care to have this paper filled with instances of abnormal and unprofitable selection, but that you wish to hear of the normal and the unobjectionable. Booksellers tell us that many buyers of books are governed in their choice by the color of the covers, and I have suspected that some librarians are influenced in the same way. Some librarians appear to object to works that are less than one century old; others are on record as discouraging the purchase of fiction less than one year of age. Some librarians have a prejudice against certain classes of books and an inordinate love for others.
The only things that should be considered by the librarian in buying books for his library are the needs of the community that he serves, the capability of the various books under consideration to satisfy those needs, and the financial ability of the library to secure what is needed.
I shall take up these points in order. First, the needs of the community. These are not necessarily to be measured by its demands, otherwise the librarian’s labor would be considerably lightened. Unfortunately, when a community needs a given class of books very desperately it is often serenely unconscious of the fact. To the librarian falls the task not only of determining what the need is and of filling it, but also of arousing a wholesome consciousness of it. In this educational work he may be, and often is, aided by the teacher, the clergyman, or even by the users of the library themselves. Hence the importance of getting in touch with all the agencies that may do work along this line. There is nothing that calls for more tact. With the children it is comparatively easy to point out a deficiency, but a direct attempt with a self-respecting adult may end in disaster, and a season or two of well-meant effort may result in weakening the librarian’s influence or even in losing him his position. But one can rarely teach tact to the tactless, and tact is something that every librarian must have, so that this lopping-off process, after all, may simply be regarded as a phase of nature’s elimination of the unfit. One way of ascertaining the proportional demand for various classes of literature in a community, is by examining the class-percentage of circulation. By comparing these with the corresponding volume percentages we may see whether the demands of the community are being met, and by comparison with the percentages of an ideal library we may see whether such demand ought to be met or not. Of course, the ideal is somewhat indefinite. One may accept the suggested proportions in the A.L.A. catalog, or average those of several libraries of high class; or one may construct an ideal of one’s own. In any case, the ideal proportions will evidently vary with conditions of place and time. To show how this test may be applied, consider the percentage of science circulated last year in the New York Public library. This varied from 3 to 28 per cent in the various branches, and was 9 per cent for the whole library. The percentage of science on the shelves similarly varied from 6 to 18 per cent, and was also 9 for the whole library. In our library sociology and philology are included in the science report, and the percentage of these three classes combined in the old A.L.A. catalog is 17. If this is to be taken as the standard, therefore, the library as a whole falls below it, though individual branches approach or even exceed it. As a whole, however, the demand and the supply balance pretty well. There is no doubt, however, that in this and most other libraries the demand in this class is too small and needs stimulation. Of course, this
