Wellington County’s Law Library

G. Blaine Baker

- excerpt from upcoming book History of the Wellington Law Association

The Law Society of Upper Canada’s first resolution about county law associations, adopted in 1879, dealt only with the voluntary creation of ‘branch law libraries’ in county towns. Formally, those local libraries were established under the ‘Library Association and Mechanics’ Institutes Act’ that required the host county to provide them with space, fuel, light, and furniture. That onus was modified by 1887 amendments to the ‘Municipal Act’ which resulted in the relocation of most county law association libraries from the mechanics’ institutes to municipally-maintained courthouses. In addition to discussions about the Wellington Law Association Library’s physical space and its expansion, topics like book acquisitions through purchases, gifts, exchanges and Law Society allocations, library staffing and organization, and the librarians’ relations with book publishers will be reviewed in this portion of the text in varying detail as is permitted by the availability of primary source materials.

Almost nothing has been written about private or collectively-used Ontarian law libraries for any period in time or region of the province. A similar absence prevails in respect of the publication and sale of law books. Other parts of British North America like Quebec and Nova Scotia have been slightly better served in respect of those kinds studies, and some of the conclusions drawn there about the production, importation and use of law books can usefully be tested against the sketchy and tentative picture that is emerging for late-nineteenth century Ontario. Lists of the contents of private law libraries occasionally form part of auction catalogues or inventories on death, but few of them are known to exist for southwestern Ontario and even fewer have Wellington County provenance. It is thus difficult to tell what kind of need among practicing lawyers was filled by the library of the Wellington Law Association at any particular time in its 125-year history. The libraries of the Law Society, the Legislative Assembly of Ontario, and the county law associations of Carleton and York published catalogues of their holdings at several points during the last century and a half, which makes cautious extrapolation from their holdings to the undocumented collections of the Wellington Law Association possible.

C.L.C. Allinson reported in his 1967 history of the Wellington Law Association that Justices of the Peace for the Gore District (which was later subdivided to produce Wellington County). Brewster, Dunlop, Hodgert, Lampray, Pryor and Strange assembled a small law library following their 1827 appointments that was also used by other commissioners of the peace in that region.

Although Allinson gave no indication of that collection’s make-up, one would expect to have found in its holdings like the sessional and collected statutes of Upper Canada (of which at least one privately- produced edition had been published at that early date), a couple of British or American justice of the peace manuals, and a local or European ‘institutional work’. Institutes of law were enumerative surveys of legal information that lacked the induction from individual cases to general principles that is a hallmark of the legal treatises that succeeded them as the prevailing genre of Anglo-American legal literature. William Blackstone’s ‘Commentaries on the Laws of England’ (1765-69), together with its many American (and even a few Canadian) versions, is perhaps the best- known institutional work of its day, but companion publications like Nathan Dane’s ‘General Digest and Abridgement of American Law’ (1823-29), James Kent’s ‘Commentaries on American Law’ (1832) and Zephaniah Swift’s ‘A System of the Law of the State of Connecticut (1795-96) also appear to have been in general use in the United States-Canadian borderlands. Even in the highest echelons of Upper Canada’s early legal professions, Chief Justice William Osgoode’s law library seems to have been almost entirely comprised of the leading English institutional works-of-the- day, John Comyns’ ‘Digest of the Law of England’ (1762-67) and Charles Viner’s ‘General Abridgement of Law and Equity’ (1742-58). Inaugural Attorney- General John White’s law library looked much the same as that. By the early years of Confederation, local institutes of law like William Keele’s ‘Provincial Justice (1835), Beamish Murdock’s Epitome of the Laws of Nova Scotia’ (1832-33), and Robert Harrison’s ‘Harrison’s Digest’ (1856) had become available. A first wave of the relatively new genre of legal treatises, especially American ones, had also become staples of British North American law libraries, law-teaching programs, and bar-admission examinations. Perhaps the most striking and foreboding development in legal bibliography that occurred during the years immediately preceding the Wellington Law Association’s creation was the arrival of established British legal publishers like Butterworths and Sweet and Maxwell in the developing Canadian market. Their enlargement sometimes happened in tandem with novice local sellers like the Carswell Company or W. C. Chewett of Toronto, but it was intended to take advantage of a rising tide of Anglophilia in English-Canadian life that imagined the imperial common law as a major like of empire. English legal treatises (sometimes with Canadian footnotes), English legal digests (notably ‘Halsbury’s Laws’), and English case reporters (another relatively novel and increasingly ubiquitous species of late-nineteenth-century imperial legal literature) quickly became local law-library staples during the last quarter of the nineteenth century. That dominance would persist for much of the twentieth century. Even when a distinctive local tradition of legal-literacy production began to reassert itself in the last quarter of the twentieth century, that literature tended to assume the increasingly obsolete form (and occasionally the content) of Britain’s late- Victorian legal treatises.

An explosion of local case reporters also marked the third and fourth quarters of the twentieth century, initiated by Carswell’s topic-specific ‘Reports of Family Law’. The law-book publishers’ insight seems to have been that practitioners would prefer to buy tort law reports, or municipal law reports or practice cases, contingent on the focus of their work, rather than full service ‘Dominion Law Reports’ or ‘Western Weekly Reports’. That distribution strategy appears to have worked for the private publishers of unofficial legal materials. But many institutional law book buyers, including Ontario’s county law libraries, seem to have felt an obligation to purchase as much Canadian material as they could, with the result that duplication of cases among multiple reporting series began to characterize their holdings. In very recent years much of that primary legal material has become available in electronic form, which has given rise to debate across the community of Canadian law librarians about how much ‘hard copy’ needs to be acquired or retained. Although it is probably too early to predict with confidence the result of that ongoing transition, one of its consequences appears to be the application of saved or surplus funds by Canadian institutional libraries to monographic and foreign material.

Wellington Law Association Secretary A. H. Macdonald a general ‘mover and shaker’ in the local bar) appears to have had initial, part-time (but paid) responsibility for development of the Association’s library, from 1887 to 1896. Miss Chadwick, daughter of inaugural Wellington Law Association President Judge A. C. Chadwick, succeeded him in 1896, which coincided with a rate province-wide inspection of twenty-one county law association law libraries by Law Society Chief Librarian George Eakins (similar inspections of Wellington’s Law Library also happened in 1933 and 1959, but perhaps not more frequently). By 1933 Margaret Day had succeeded short-tenured Miss Chisholm as Wellington’s part-time Librarian and she, like her successors, periodically filled such other roles in the Association as that of Treasurer. She also oiled the bindings of leather-bound books, and helped to install and maintain a humidifier in the library. Despite several attempts to retire, Miss Day would serve twenty-six years in those roles. Long service that kind seems to have been common in law libraries across the province. Hugh Nelson Gwynne, for example, was the Librarian (and Secretary, and Examiner) of the Law Society for thirty years from 1842 to 1872, and the Carleton County Law Association’s first law librarian served in that position for three decades, from 1889 to 1919. In any case, Miss Day was paid $ 300.00 a year in 1933, and she was authorized to hire an assistant out of those wages in 1946. Her successor, Olive Bolton, benefited from a salary increase to $ 400.00 in 1967 and to $ 450.00 in 1969. By contrast, the York County Law Association’s Librarian started at $ 200.00 a year in 1886 (with a larger collection of 1100 volumes), had moved to $ 600.00 by 1912, and reached $ 1800.000 a year by 1930. She worked nine AM to five PM on weekdays, as well as Saturday mornings (except for four weeks’ summer vacation) and was given two independently-paid, full-time assistants by 1956 (the Law Society itself had a full-time staff of about a dozen people at that time). The explanation for those stark differences between librarian remuneration in York and Wellington County apparently had to do with full and part-time status, and with the range of duties those librarians performed. The Librarian of the York County Law Association, for example, not only managed a card catalogue from the 1890s forward but also made weekly annotations of local cases in the margins of published digests and reporters.

One of the Law Society’s perennial complaints about its county law libraries, and sometimes about its own Great Library at Osgoode Hall, was that they were physically too small for all that they were trying to do. That problem was ameliorated in part in the Great Library with the Law Society’s receipt in 1892 of the ‘Thomas Phillips Stewart’ bequest that provided for the creation and maintenance of a student book collection and reading room. But it persisted in other places like the York County Law Association Law Library, from which law students were excluded in 1910 on the basis of overcrowding. By 1930, that County’s Law Librarian had been authorized by the Association to contact police if students did not leave the library on request! The Wellington Law Association periodically received petitions from local university students to use its holdings, and those inquiries were typically dealt with individually. Those kinds of requests had diminished by the mid-1960s, by which time the University of Guelph had begun to collect law books and did so despite the fact that the nearest law schools to it were in London and Toronto.

The first recorded discussion of formal organization in Wellington’s law library seems to have occurred in 1941, provoked by a proposal to index books by title and author. That conversation continued into the mid-1950s in the guise of a debate about the introduction of a full-blown cataloguing system. It was Centennial year when the library’s books were finally rearranged in topical, labeled sections of shelving. Indeed, there does not appear to have been a system for signing books out of Wellington’s law library before the early 1930s (users merely took books, on their honour to return them promptly), the Library seems not to have been locked before about 1940, and the first regime of fines for overdue or lost books was apparently introduced in 1964. While there may not have been publicly-available library finding-aids in Wellington before the mid-twentieth century, the Librarian had been delivering lists of yearly book acquisitions to the Association’s annual general meeting for several decades. The executive of that group also reviewed insurance coverage with its insurers on a regular basis, which suggests that there was some kind of inventory of assets for the insurance carrier to review and appraise. Wellington’s Law Library was insured, for example, for $6,000.00 in 1933 and for $20,000.00 twenty-five years later.

Larger libraries faced challenges. York County Law Librarian Ada Read was sent by her employer to Boston in 1890 to learn the ‘Cutter System’ of library cataloging so she could reorganize York’s holdings along those lines and create a card catalogue. The York and Carleton Law Associations also advertised their newly-systematized holdings in published catalogues (in 1894 and 1904, respectively) as did the Law Society in respect of its Great Library (1880, 1883, 1888, 1900 and 1923). The large size of those facilities seems to have been due mostly to the number of gift books received by York and Carleton (rather than to significant discrepancies in the amount of Law Society grant money they received which was, admittedly, tied to membership numbers in those Associations). They York County Law Association also felt obliged to open branch libraries in Etobicoke and Newmarket in the mid-1970s, which imposed new strains on internal organizations and inter-library loans of books. Wellington has not yet faced those kinds of challenges.

The Wellington Law Association’s ‘initiating grant’ from the Law Society in 1886 was $800.00, together with a gift from the Publishing Committee of the Society of back numbers of the reporting series that were then being produced by it. That monetary amount was set by Convocation at two times that which was contributed in cash from local association membership fees, or contributed in kind such as through donations of books. Convocation also stipulated in 1884 that the minimum annual county fee per member was to be $4.00, and the maximum amount was to be $20.00 per member (at the discretion of each county law association). In any case, that cumulative figure would be met by the Law Society’s annual grant to each association. So, for example, the yearly Law Society grant to the York County Law Association during the 1920s was about $2,200.00 (or $2.20 per member), which annual Law Society subsidies to smaller county law associations were then closer to $ 20.00 per member. Membership ‘yield ratios’ and the collection of annual dues also seem to have been challenges for the larger associations. Again, in respect of York County there were about 770 practicing lawyers in 1920, of whom only some 420 were members of the association. That comparatively low ratio may have had to do with the proximity of that county bar to the Law Society’s Great Library at Osgoode Hall, which presumably was though by some local lawyers to have made the county law library (and perhaps the county law association that ran it) redundant. Moreover, of the 420 members ‘of record’ of the York County Law Association, only about 230 of them were regularly paying annual members’ fees.

Wellington’s membership fluctuated between twenty and twenty-five lawyers at that time, and there is little indication of dues delinquency among that group. Available appraisals of the overall cost to the Law Society of running the county law library program are few and sketchy, but it can be said that it was costing Convocation something like $ 160,000.00 a year to operate its county libraries in the early- 1970s.

A brief ‘footnote’ about the production of legal literature in Wellington and adjoining counties might be appropriate at this point. Three published, pamphlet-sized City of Guelph by-laws have been located (1873, 1875, and 1879), together with one County of Wellington by-law (1878). Perhaps more interesting are consolidations of City of Guelph and Wellington County by-laws, published in 1877 and 1905 respectively. And in 1959 the annual general meeting of the Wellington Law Association resolved to request the City of Guelph to commission and publish an up-to-date consolidation of its municipal by-laws, apparently without effect. It also reviewed in a critical fashion the provincial Department of Agriculture’s 1961 publication ‘How to Investigate a Title to Land’. Larger law associations, like that of York County, went further in those respects with their provision of statute- drafting assistance (as with mechanics liens and land titles legislation) to the provincial government. Not far-a-field from Wellington County, Berlin/Kitchener (Waterloo County) lawyers Harvey Sims and Frederick Wegenast published landmark Canadian legal treatises on life-insurance contracts and company law in the first and fourth decades of the twentieth century, as did Goderich (Huron County) practitioner Malcolm Cameron with this books on watercourses and dower of the 1880s. County and small-town legal scholarship was not unknown in late-nineteenth-century Canada, as is shown by those examples and that of Barrie, Ontario’s ‘Upper Canada Law Journal’ (which became the ‘Canada Law Journal’, and later the ‘Canadian Bar Review’). York Law Association member David Read was designated early-on as that group’s historian, and promptly produced ‘Lives of the Judges of Upper Canada and Ontario’. Perhaps unique to Wellington County, its Law Association’s members created a joint venture with the Guelph Library in the late—1960s that was called ‘Citizens’ Forum’. That organization’s goal was to make law accessible to rank-and-file Wellingtonians, and did so by offering a dozen or more presentations on various aspects of public and private law by members of the Wellington Law Association in each of its first few years. 

 

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