It is very essential that both branches of the reference and drafting service should be non-partisan, and that directors and assistants should be chosen solely on the ground of fitness. The method of appointment and administrative control best calculated to achieve this result will largely depend on the political conditions existing in each state, the particular state institutions, boards or commissions to which these services might satisfactorily be attached, in the first instance, at least, and the attitude of the members of the legislature in the matter of control of the drafting and revision of bills.

In order that the chief draftsman may be permanently employed, it would probably be necessary, particularly in those states where the legislature meets biennially, to assign to him additional duties for the period between sessions. It is suggested that the indexing and publication of the session laws might, with advantage, be done under his direction, and that he might be also the reviser of statutes (or ex officio member of any commission appointed for this purpose) and one of the commissioners on uniform state laws.

Municipal Reference Bureaus.-The Department of Legislative Reference at Baltimore is an example of an organization similar to the state legislative reference bureaus, operated primarily for the use of the municipal council and the departments of the city administration. Its reference material and expert service are, however, available also for the assistance of such members of the state legislature as desire to make use of these facilities. In states which contain only one large city, which is not the state capital, a reference bureau of this type, with a branch office in the State Capitol Building during the session of the legislature, and cooperating with a bill-drafting department there, might be able to furnish, to a considerable extent, the requisite expert assistance to members of the legislature.

Proposed Drafting and Reference Bureau for Congress.-Two bills and one resolution for the establishment of agencies to render expert assistance to members of Congress were reported favorably, with amendments, by the House and Senate Committee on Library towards the close of last session, but all of them

failed to receive further consideration. These were H. R. 18720, H. Res. 833 and S. 8337, reported in House Reports Nos. 1533 and 1534, and Senate Report No. 1271 (62d Cong., 3d session), respectively. An examination of these documents shows that, while the development of a legislative reference division of the Library of Congress was generally approved, there was considerable opposition to the inclusion of bill drafting among its duties and that it is probable that if the latter service is established at all, Congress will retain it directly under its own control. The Senate report, above named (No. 1271), is of special interest, because it includes the testimony taken at the committee hearings in both House and Senate and is recommended for perusal as an exhibit of representative opinion regarding the need for a service of the kind herein discussed.

April 21, 1913.

J. DAVID THOMPSON.

APPENDIX C.

TENTATIVE DRAFT OF A TOPICAL PLAN FOR INSTRUCTIONS TO DRAFTSMEN AND MODEL CLAUSES.

A. EXPRESSION IN GENERAL.

1. TITLE.

Danger of needless particularity: What will satisfy constitutional requirements?

Expression of purpose and policy in title.

Preamble.

Short title for citation.

2. GENERAL ARRANGEMENT.

Effect of constitutional provisions requiring for amendments the re-enactment of sections; length of sections.

Arrangement of different parts: proper place for main provision; for administrative provisions.

This bill was again reported favorably in June, 1913, by the Senate Committee on Library, as a substitute for S. 1240 (63d Cong., 1st session).

Use of mechanical devices for graphic presentation: paragraphs, numbering, parenthesis, punctuation, tables, schedules, etc.

3. AMENDING ACTS.

Choice between amending act or independent supplemental act. Constitutional provisions.

Form of title; amendment of the title of original act.

4. GENERAL PROVISIONS REGARDING LANGUAGE.
Specification of persons by sex, number, corporation, etc.
Unnecessary words of reference: such, aforesaid.
Redundant terms: absolutely null and void.
Use of "provided "; " shall be construed."
Present or future tense.

Verbal changes in revisions and consolidations.

General direction as to construction of act; superseding rule of strict construction.

5. REFERENTIAL LEGISLATION.

Constitutional provisions in New York (III, 17) and New Jersey (IV, 7, 4).

"So far as applicable," "so far as practicable."

Question of incorporation of subsequent amendments.

Incorporation by reference of administrative regulations (New York Sanitary code).

6. DEFINITIONS.

A general interpretation act.

List of definitions for use in particular act, whether placed at beginning or at end.

B. OPERATION.

7. PROVISIONS FOR TAKING EFFECT OF ACT.

Provisions of state constitutions.

Emergency acts.

If effect postponed, what parts to take effect sooner?
Question of proclamation to make act effective.

Provision for publication of act.

8. TIME LIMIT AND TEMPORARY ACTS.

Former English practice.

Incorporation of time limitation in provisions of act
Indications of temporary purpose in title of act.

9. TRANSITIONAL PROVISIONS.

Vested rights; discrimination between present and future conditions.

Express provision for retroactive operation.

Eleventh-hour contracts.

Accrued causes of action, pending actions and past official acts. Provision for present officials.

Transfer of papers and records.

10. REPEALING, SAVING AND LIMITING CLAUSES.

Blanket repeal.

Savings under repealed acts.

Matters of federal jurisdiction.

Relation to particular local acts.

Relation to ordinances; present, future.

Provision for partial invalidity.

11. ADOPTIVE ACTS.

General referendum and local option.

Time of submission; general or special election.

Petition; signatures.

Majority, how determined.

Time limit for submission; resubmission in case of rejection, resubmission after adoption for discontinuance.

Proclamation of adoption, etc.; public record.

Provision for subsequent amendment of adoptive acts.

12. OPTIONAL ACTS (i. e., FOR INDIVIDUALS).

Method of election and acceptance or dissent; notice.

Presumptions.

Withdrawal.

Notice to public authorities.

Infants.

C. SUBSTANTIVE REQUIREMENTS.

13. PERSONS CHARGED BY ACT.

Individuals, firms, associations, corporations.

Agents, employees, occupiers, contractors, owners.

Use of passive form.

Provisions for concurrent action of several.

Charging duty where most readily performed or enforced (physicians, teachers, income tax collected at source, etc.).

State and municipalities, whether covered by act.

14. QUALIFYING CLAUSES AND EXCEPTIONS.

Incorporation of qualification in description; effect on making qualification jurisdictional.

Placing qualification in proviso or separate clause.
Special provision for pleading and burden of proof.

15. REFERENCE TO INTENT.

Knowingly, wilfully, duty made to depend on belief of person charged; special safeguards to shut out defense of ignorance. Provision against permitting or suffering a condition. Exculpating circumstances; effect of trade guaranties.

16. PRESUMPTIONS.

Conclusive presumptions and prima facie evidence.

Acts prima facie unlawful in absence of specific kind of proof. Official charges as prima facie evidence of illegality.

17. GENERIC AND SPECIFIC REQUIREMENTS.

Supposed advantages of generic terms; dependence on judicial construction and verdicts of juries.

Careful definition with a view of controlling judicial construction. Provisions as to requirements of allegations in indictments; constitutional requisites of indictments.

Specification by reference to conventional standards.

Provision against fraudulent evasion of specific requirements. Combination of generic and specific requirements.