UC-NRLF l"i:;:!|!! ANALYSIS OF THE FUNDS OF THE NEW YORK (CIRCULATION DEPARTMENT) 'yFt)05422 BROOKLYN AND QUEENS BOROUGH PUBLIC LIBRARIES ^M FROM THE CONSOLIDATION OF THE GREATER CITY IN 1898 TO THE CLOSE OF 1916, TOGETHER WITH DETAILED STATEMENTS OF COST OF CIRCULATING BOOKS AND SCHEDULES OF LIBRARY PROPERTIES INCLUDING A Reprint of the Acts and Agreements Relative to the Carnegie Gift, and Sundry Documents Pertaining to THE Public Libraries COMMITTEE ON EDUCATION BOARD OF ESTIMATE AND APPORTIONMENT CITY OF^^^EWYORK 1916 PART I ANALYSIS OF THE FUNDS OF THE NEW YORK (CIRCULATION DEPARTMENT) BROOKLYN AND QUEENS BOROUGH PUBLIC LIBRARIES FROM THE CONSOLIDATION OF THE GREATER CITY IN 1898 TO THE CLOSE OF 1915, TOGETHER WITH DETAILED STATEMENTS OF COST OF CIRCULATING BOOKS AND SCHEDULES OF LIBRARY PROPERTIES including a Reprint of the Acts and Agreements Relative to the Carnegie Gift, and Sundry Documents Pertaining to THE Public Libraries COMMITTEE ON EDUCATION BOARD OF ESTIMATE AND APPORTIONMENT CITY OF [new YORK 1916 PART I \' •:> ;• • • :: : • ^.Ti Public Library for the Years 1911 to 1915, Inclusive. Table 30. Statement Showing Branch Library Statistics for the Queens Borough Public Library for the Years 1911 to 1915, Inclusive. PART X Table 31. Statement Showing the Number of Volumes at End of Each Year in the New York (Circulation Department), Brooklyn and Queens Borough Public Libraries. Table 32. Statement Showing the Number of Times the Stock of Books Turns Over Each Year in the New York (Circulation Department), Brooklyn and Queens Borough Public Libraries. Table 33. Statement Showing the Deviation of Circulation and Budget Appropriations (Includ- ing Special Revenue Bonds) Above or Below the Moving Average for the New York (Circulation Department), Brooklyn and Queens Borough Public Libraries Combined. INDEX TO APPENDIX A. An act to authorize and empower The City of New York to establish and maintain a free public library system. Chapter 580, Laws of 1901. B. Agreement entered into between The City of New York and The New York Public Library, Astor, Lenox and Tilden Foundations for the erection of branch libraries in the boroughs of Manhattan, The Bronx and Richmond, 1901. C. Agreement entered into between The City of New York and the representatives of Andrew Carnegie for the erection of branch libraries in the Borough of Brooklyn, igoi. D. Agreement entered into between The City of New York and the representatives of Andrew Carnegie for the erection of branch libraries in the Borough of Queens, 1901. E. Supplemental agreement entered into between The City of New York and The New York Public Library, Astor, Lenox and Tilden Foundations increasing the number of branch libraries to be erected in the Boroughs of Manhattan, The Bronx and Richmond from forty-two to fifty, 1902. F. An act to incorporate The Brooklyn Public Library and to permit libraries in the Borough of Brooklyn of The City of New York to convey their property thereto, and Hmiting and defining the powers thereof. Chapter 606, Laws of 1902. G. Agreement entered into between The City of New York and The Brooklyn Public Library, providing that the obligations of the representatives of Andrew Carnegie be transferred to The Brooklyn Public Library, and further that the City pay such sums toward the maintenance of The Brooklyn Public Library as were agreed upon in the 1901 Carnegie agreement together with such additional sums as are necessary for the proper maintenance of Hbraries previously under the administration of The Brookl5Ti PubHc Library, 1903. H. An act to amend Chapter 580 of the Laws of 1901 authorizing and empowering The City of New York to enter into contract with the public libraries to make good any damage to library buildings and make necessary repairs and provide original stock of books. Chapter 296, Laws of 1905. I. Agreement entered into between The City of New York and The New York Public Library, Astor, Lenox and Tilden Foundations, providing that the City should make good any damage to library buildings and make necessary repairs and provide original stock of books, 1905. J. An act to incorporate The Queens Borough Public Library and to permit libraries in the Borough of Queens of The City of New York to convey their property thereto, and limiting and defining the powers thereof. Chapter 164, Laws of 1907. K. Agreement between The City of New York and The Queens Borough Public Library, pro- viding that the obligations of the representatives of Andrew Carnegie be transferred to The Queens Borough Public Library and further that the City pay such stmis toward the maintenance of the Queens Borough Public Library as were agreed upon in the 1901 Carnegie agreement together with such additional sums as necessary for the proper maintenance of libraries under the jurisdiction of the Queens Borough Public Library, 1907. OPINIONS OF THE CORPORATION COUNSEL L. Moneys must be paid as requested by the Board of Trustees when the aggregate amotmt does not exceed the amount appropriated and proper vouchers in forms approved by the Comptroller are submitted, even when such requests disregard the budget segregations. M. Lighting of public libraries need not be paid for out of funds appropriated to Department of Water Supply, but since the cost thereof must be borne by the City, the Commissioner of Water Supply has supervising jurisdiction over all contracts therefor and no such con- tract shall be entered into imless approved of by him. (Vol. 23, P. 153.) N. Under agreement between The Brooklyn Public Library and The City of New York, dated Jime s, 1903, the City should pay for certain assessments for local improvements confirmed subsequent to said agreement against property owned by said library opposite its Fort Hamilton Branch and against property constituting said branch librarj\ (Vol. 35, P. 390.) O. Under agreement between the City and The Brooklyn Public Library the latter should not be compelled to pay taxes and assessments, insurance charges and interest on mortgages on property which is unproductive. (Vol. 37, P. 271.) 9 BALANCE SHEET In order to show the total value of the property which is owned by the city and used for public library piirposes including the Central Library at Fifth Avenue and Forty-second Street as well as the outstanding debt incurred on account of the libraries, a Balance Sheet has been set up as of December 31, 1915. It will be noticed by referring to the accomjianying balance sheet that the sites and bxoildings are valued at over thirty million dollars and the books owned by the city at more than a million dollars. The gross funded debt which exceeds twelve million dollars is offset by over a million dollars which is held by the Commissioners of the Sinking Fund for the redemption of Corporate Stock. THE CITY OF NEW YORK BALANCB SHEET Public Libraries, Including the Central Library at Fifth Avenue and Forty-Second Street. as of December 31, igiS- ASSETS SITES AND BXnLDINGS NEW YORK PUBLIC LIBRARY Borough of Manhattan Sites for Carnegie Branch Library Buildings $1,351,125.04 Carnegie Branch Library Buildings 2,457,700. 28 •Site at Fifth Avenue, 40th-42nd Streets 12,500,000 . 00 New York Public Library Building, Astor, Lenox and Tilden Foundations 9,616,305.73 $25,925,131.05 Borough of The Bronx Sites for Carnegie Branch Library Buildings $140,770.83 Carnegie Branch Library BuUdiiigs 585,874.02 726,644.85 Borough of Richmond Sites for Carnegie Branch Library Buildings $56,587 . 73 Carnegie Branch Library Buildings 164,778.97 221,366.70 $26,873,142.60 BROOKLYN PUBLIC LIBRARY Sites for Carnegie Branch Library Buildings $596,816.03 Carnegie Branch Library Buildings 1,546,605 . 22 Montague Street Branch Site (156-158 Pierrepont St.). 40,000.00 Montague Street Branch Building 30,000.00 ♦Central Library Building Site 357,000.00 •♦Central Library BuUding 479,717.51 3,050,138.76 QUEENS BOROUGH PUBLIC LIBRARY Sites for Carnegie Branch Library Buildings $54,830 . 39 Carnegie Branch Library Buildings 202,762 . U 257,592 . 50 Total, Sites and Buildings $30,180,873.86 BOOKS New York PubUc Library $1,036,242.00 Brooklyn PubUc Library 974,186.56 Queens Borough Public Library 214,916.00 Total, Books .• $2,225,344.56 Less Reserve for Depreciation: New York Public Library $527,279.00 Brooklyn Public Library 469,971 .37 Queens Borough Public Library 103,611.18 1,100,861.55 1,124,483.01 CASH New York Public Library $7 .47 Brooklyn Public Library 498.78 Queens Borough Public Library 1,028.86 Total, Cash 1,535. 11 Total Assets $31,306,891 .98 * Assessed Value. •• In Process of Construction. 10 BALANCE SHEET — Continued LIABILITIES FUNDED DEBT (Corporate Stock Issues) For New York Public Library Building, Astor, Lenox and Tilden Foundations For Enlarging Montague Street Branch For Old City of Brooklyn Public Library Bonds For Central Library Building, Brooklyn For Corporate Stock Notes for above $9,363,049.79 70,000.00 5,000.00 275,000.00 204,717.51 $9,917,767.30 Sites for Carnegie Branch Libraries New York Public Library $1,524,343.70 Brooklyn Public Library 584,950.97 Queens Borough Public Library 45,000.00 $2,154,294.67 Agent's Fees Sodding, etc., Brooklyn. . Sodding, etc., Richmond. $2,500.00 1,000.00 8,580.39 3,500.00 Books New York Public Library Brooklyn Public Library Queens Borough Public Library. $160,000.00 53,500.00 18,500.00 Total Gross Funded Debt Less Sinking Fund Holdings for Redemption of Funded Debt Net Funded Debt 2,166,375.06 232,000.00 $12,316,142.36 1,026,799.75 $11^89,342.61 SPECIAL REVENUE BONDS Issued in 1915, New York Public Library. Issued in 1915, Brooklyn Public Library. . $12,700.00 6,035.33 SURPLUS PER SCHEDULE A. 18,735.33 19,998,814.04 Total Liabilities $31,306,891 .98 SURPLUS ACCOUNT An analysis of the surplus account is given in Schedule A which accompanies the Balance Sheet. It will be seen that by far the larger part of the surplus account of the public libraries con- sists of property which was acquired by gift. The two largest items are the part of Bryant Park on which the Central Building of the New York Public Library, Astor, Lenox and Tilden Founda- tions stands and the branch libraries given by Andrew Carnegie. Accotmt has not been taken of any depreciation on branch library buildings erected by Andrew Carnegie. SCHEDULE A SURPLUS ACCOUNT PUBLIC LIBRARIES as of December 31, 1915. Credits Tax Levy Contributions for the Extinguishment of the Funded Debt, Including Interest Accretions $1,026,799. 75 Site at Fifth Avenue, 40th and 42nd Streets, Manhattan. Transferred to City by Dongan and Mont- gomerie Charter, assessed for 12,500,000.00 Site of Central Library Building, Brooklyn, Transferred from Park Department, assessed for 357,000.00 Far Rockaway Branch, Queens, Transferred from Board of Education Free School District No. 18, Town of Hempstead 9,000.00 Gift of Andrew Carnegie, Branch Libraries 4,957,720.60 Books in Excess of those provided for from Corporate Stock Issues. Premium on Corporate Stock: Central Building, New York Public Library, Astor, Lenox and Tilden Founda- tions, Manhattan $253,255.94 Sites for Carnegie Branch Libraries 24,754.96 Initial Stock of Books 2,801 .21 Unexpended Balances from Appropriations and Special Revenue Bonds. 889,681.80 280,812.11 1,535.11 $20,022,549.37 Old City of Brooklyn Public Library Bonds. Special Revenue Bonds Issued in 1915 Charges $5,000.00 18,735.33 $23,735.33 Surplus per Balance Sheet $19,998,814.04 II FORMER METHOD OF GRANTING APPROPRIATIONS TO FREE CIRCULATING LIBRARIES The growth of the system of public libraries in Greater New York is due to the great exten- sion of the free public libraries which were started as private enterprises and later taken over by the city. Formerly the city granted appropriations to free circulating libraries imder the pro- visions of Chapter 378, Section 37, of the Laws of 1892. This law permitted the city to grant money toward the support of libraries not owned by the public, but maintained for its welfare and free use, provided such libraries were subject to the inspection of the Regents of the University of the State of New York and registered by them as maintaining a certain standard. The Regents were to certify as to the circulation, and the amount granted yearly to libraries on the basis of circulation was not to exceed ten cents for each volume circulated. The statement on page 13 contains the amounts granted to the several free circulating libraries for the seven years prior to 1904. THE BROOKLYN AND QUEENS BOROUGH PUBLIC LIBRARIES The Brooklyn Public Library was established by resolution of the Brooklyn Common Council in 1896 and consolidated with the Brooklyn Library imder Act of the Legislature in 1902. The Queens Borough Public Library was incorporated in 1896 by the Regents of the Univer- sity of the State of New York under the Laws of 1892, Chapter 378 as amended by Laws of 1895, Chapter 859. OFFER AND ACCEPTANCE OF THE ANDREW CARNEGIE GIFT In the year 1901 Andrew Carnegie offered to furnish the funds required for the erection and equipment of sixty-five free branch libraries for the circulation of books, provided the City of New York would furnish the necessary sites and al.so provide for the maintenance of the libraries when completed. The libraries were estimated to cost $5,200,000, being an average of $80,000 each. Subsequently the number of branches was increased to seventy-eight, with the understanding that the total estimate should not be exceeded. The number of branches allotted to the different library systems as finally agreed upon was as follows: New York Public Library: Manhattan, The Bronx and Richmond SO Brooklyn PubUc Library 20 Queens Borough Public Library 8 Total ; 78 To permit the city to enter into such an agreement, a special Act was passed by the Legis- lature (Chapter 580, Laws of 1901), entitled "An Act to authorize and empower the City of New York to estabhsh and maintain a free pubhc Ubrary system." This act authorizes the city to contract with Andrew Carnegie or his representatives for the erection and equipment of branch libraries without cost to the city on such sites as the city might own or acquire for the purpose. The City of New York entered into an agreement with the New York Pubhc Library', Astor, Lenox and Tilden Foundations, and representatives of Andrew Carnegie for the erection of branch hbraries in 1901, pursuant to the offer of Andrew Carnegie. THE TERMS OF THE ORIGINAL AGREEMENTS WITH THE AGENTS OF ANDREW CARNEGIE FOR THE ERECTION OF BRANCH LIBRARIES The terms of the original agreements between the City of New York and the agents of Andrew Carnegie were as follows: A. The city was to acquire the sites by purchase or condemnation tmless those not required for other ptuposes could be used, all sites to be subject to the approval of the agents of Andrew Carnegie. B. The agents were to proceed with the erection and equipment of branch library buildings without cost to the city. C. Upon completion the branch library buildings were to be devoted to the maintenance of free branch circulating libraries and reading rooms. la 88S888 I 888888 8888888 18888888 r4 lO*-^ **r 00 '^<' fM 88 8 8 8 8 i 88 88 8 o o 2 8 8 oo oooo oo oooo 00 O Q O O O O -^ O O O O Q o o So O Q o oo >ooo )00 o oooo oo SooooS 00 00 r^ o 00 8888888^88 88 88888888888 ^~t OOOOOOO-^OO »o r-. 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This low per cent, in the Municipal Reference Branch is partly accounted for by the fact that this library obtains many of its books and pubHcations by gift from city departments. 23 Trend in Library Appropriations (Including Special Revenue Bonds), 1899-1915, Inclusive. Exhibit G In order to show the trend in the appropriations made to The New York (Circulation De- partment), Brooklyn and Queens Borough Public Libraries since consolidation Exhibit G has been prepared. It will be noticed that the greatest increase is reported for the New York Public Library, while The Brooklyn Public Library comes second and The Queens Borough PubUc Library last, as would be expected, in view of the number of branches in each system. In 1915 the approjiriations, including special revenue bonds, reached $744,609.50 for the New York, $451,936.84 for the Brooklyn and $155,385.00 for the Queens Borough Public Libraries. Number of Volumes Lent for Home Use in the New York (Circulation Department) Brooklyn and Queens Borough Public Libraries, 1899-1915, Inclusive. Exhibit H There has been a constant increase in the niunber of volumes lent for home use since the city began contributing to the support of The New York (Circulation Department), Brooklyn and Queens Borough Public Libraries. A graphic "Chart Showing Number of Volumes Lent for Home Use" is presented in Exhibit H. The New York Public Library shows the largest increase, which is due to the estabHshment of mere branches. Next in order of size of circulation comes the Brooklyn and Queens Borough Public Libraries. The total number of volumes lent for home use in cir- culating branch libraries supported in part by the city last year was 17,007,098. Comparative Circulation by Months in Each Library System for 1914 and 1915. Exhibit I The circulation reported in each of the three library systems in Greater New York is shown by months for the years 1914 and 191 5 in Exhibit I. It will be noticed that March ordinarily shows the highest circulation, after which the number of books lent for home use falls off until in September the lowest point is reached. In March, 191 5 The New York Public Library (Circula- tion Department) lent 1,010,810 books for home use. The Brooklyn Public Library 563,606 books and The Queens Borough Public Library 146,107 books. It will be noticed by reference to Ex- hibit I that in each library system the average monthly circulation for 191 5 showed a considerable increase over that for 19 14. Per Cent, of Circulation and Library Appropriation (Including Special Revenue Bonds) Above or Below Moving Average, 1905-1915. Exhibit J As the circulation seems to be the only measure of service at present available a study has been made of the effect which an tacrease or decrease in the budget allowance has upon the ac- celeration or retardation of circulation. In order to present the results of the investigation which has been made in a graphic manner a "Chart Showing Per Cent, of Circulation and Library Ap- propriations (Including Special Revenue Bonds) Above or Below Moving Average" has been pre- pared for all three library systems combined. Reference to Exhibit J shows on the one hand that a deviation in the appropriation curve above the average line is followed by an upward trend in the circulation curve. On the other hand a decrease in circulation followed a cut in the appro- priation. A study of the data available reveals the fact that large expenditures for new books tend to accelerate the circulation while the reverse policy retards circulation. Obviously it is the new books which are most effective in attracting borrowers to a circulating library. Expenditures per 1,000 Circulation from Appropriations (Including Special Revenue Bonds) by The New York (Circulation Department), Brooklyn and Queens Borough Public Libraries, 1900-1915, Inclusive. Exhibit K In order to present the relation which the expenditures from approi^riations including special revenue bonds bear to the circulation a graphic "Chart Showing Expenditures per 1,000 Circu- lation from Appropriations (Including Special Revenue Bonds) " has been prepared. Reference to Exhibit K shows that the lowest average has been maintained by The New York Public Library, 23 while the average for The Brooklyn Public Library is somewhat higher and the average for The Queens Borough Public Library is the highest. For the three library systems the average expendi- ture per 1,000 circulation from tax levy funds was $79 for the New York, $99 for the Brooklyn and $128 for the Queens Borough Public Libraries, respectively, for the period shown in Exhibit K. Growth in Book Stock in Each Libraky System, 1899-1915, Inclusive. Exhibit L In order to show the increase in the number of volumes in The New York (Circulation De- partment), Brooklyn and Queens Borough Public Libraries, a graphic "Chart Showing Growth in Book Stock in Each Library System" has been prepared. Reference to Exhibit L shows that there has been a steady increase in the book stock in each library system. The greatest increase is recorded for The New York Public Library, while The Brooklyn Public Library comes second and The Queens Borough Public Library third. The average annual increase in stock of books for these three library systems has been 62,874, 51,528 and 13,226 volumes, respectively. Trend in Number of Times Book Stock Turns Over in Each Library System, 1901-1915, Inclusive. Exhibit M A graphic "Chart Showing Trend in Number of Times Book Stock Turns Over in Each Li- brary System" has been prepared as shown in Exhibit M. The method of arriving at the annual turnover is to divide the circulation each year by the stock of books. The first impression one gets from a glance at the accompanying chart is that the highest rate of turnover of book stock has been maintained by The New York Public Library. The Brooklyn Public Library comes second, and The Queens Borough Public Library last. In all three Ubrary systems the tendency in the rate of turnover of book stock has been upward. The rate of turnover has increased on an average of one in twenty years, in The New York and Brooklyn circulating branch libraries, and one in seven years in The Queens Borough Public Library. For 1915 the tiimover for the New York, Brooklyn and Queens Borough circulating branch libraries was 9.44, 9.04 and 7.13, respectively. Library Staff Corresponding to Circulation in All Branch Libraries, 1915. Exhibit N For the purpose of showing the general relation which the size of library staff bears to the annual circulation in the various branch libraries a graphic chart has been prepared as shown in Exhibit N. Reference to this exhibit shows a straight line drawn in a central position with refer- ence to the points representing the relation of library staff to circulation in the individual branches. It will be seen from Exhibit N that an increase of one in the library staff corresponds to an increase of 31,666 in the annual circulation. Book Stock Corresponding to Circulation in New York Public Library Branches, 1915. Exhibit O In order to establish the general relation existing between the book stock in branch libraries and the annual circulation, a graphic chart has been drawn as shown in Exhibit O. From this chart it appears that the average branch in The New York Public Library system requires an initial stock of 7,000 books and for every 16,000 books lent annually for home use an additional 1,000 books is reqiured to be added to the stock. Accession Rate in The New York (Circulation Department), Brooklyn and Queens Bor- ough Public Library Branches, 19x5. Exhibits P, Q and R The books in a circulating branch library wear out directly in proportion to the number of times they are loaned for home use, or in other words, the larger the annual turnover of book stock the greater per cent, of the total book stock required to be accessioned annually. For the pur- pose of establishing the general relation which exists between the "ntunber of times book stock 24 .. .^ turns over annually" and the "per cent, of total book stock accessioned annually" in each library S3rstem, three graphic charts have been prepared, as shown in Exhibits P, Q and R. For all three systems an increase of one in the annual turnover corresponds to an increase of two and one-half in the per cent, of total book stock accessioned annually. Rebinding Rate in The New York, Brooklyn and Queens Borough Public Library Branches, 1915. Exhibits S, T and U A study of the ratio of book stock tiimover to per cent, of book stock rebound has been made for 1915 in The New York, Brooklyn and Queens Borough Public Libraries. The results of the study are presented graphically in Exhibits S, T and U. The inquiry shows that an increase of one in the "number of times book stock turns over annually" corresponds to an increase of 1.9 "per cent, of the total book stock rebound annually" in The New York Public Library branches and to ^ per cent, in The Brooklyn Public Library branches and to ^|^ per cent, in The Queens Borough Public Library branches. Deduction Rate in New York Public Library Branches, 1915. Exhibit V An investigation has been made into the relation existing between the turnover in book stock and the per cent, of total book stock deducted annually in The New York Public Library branches. The results of the investigation are presented in Exhibit V and show that an increase of one in the "niunber of times book stock ttuns over annually" corresponds to an increase of two and one- half in the "per cent, of total book stock deducted annually." The volumes which are reported as being deducted from the stock of branch libraries include not only the discards but also books sent to the central reserve collection and travelling Ubraries. as i'1'iiniiiiiiiiiiiiiiiiii'iiiiiiiii ^ TTT •J T" ~ " r- "■^ ^^^" m ^^ -H 1 ' o'P ^ :j;:;:::i: Ilia ^ j ¥ t : z 5 O fe ^ % ji. i : . v H g c^< P 1 . - S o g 1 'S:=> g "^ r^ a i 3 ■* i 3 a %&n QQ - 1 - - >- LJ < 1 lltntfifiintll)lllltlilllllJliillllllP ;:::: - : ^ i (^ E _s L^ llllllllllillll __ ^ z < Q S B 3: - - -- - . r~) c tllttlltllttlll - te ^ S 1 . o 1 1 - s- M E ttlttilliiillll __ _ Ci^ d g ^ i 5 a P ^ I E vi >i > o^ ^ ^ - ""^ H* 1 ::::::::: ob ^ 111 llltllllt - ^ S r 11 So ft] llttlll til M. ::::::__: oj lilllllltllllll 1 __ - O oe V lljllllllllllll 1 1 II II 1 ittlt 11 11 It I J IttlttTlllll 111 Itllt III ll 11111 1111 ill . , . , 11 1 1 . . ! .._ 1 iiiillliUlllll . ... , . ... , II llllllltlll 111 L 1 J [[[[iiiiitiiiii nil 1 11 ,... . ... llllllllnittir s.... 1 1 V. llllllllllillll V . .. .. I 1 ||f|ttrrr|t 1 In Hjljlljllillll iinitltlt 111 lllilllllllllll III llllllllllillll iliillilllHHl till 1 llllllllllillll < llllllllllillll V II < L. 1 D 1 llllllllllillll r T "•> ^ III s. ih III V lltllllllll 111 *> ^, III ^ ininiiiiiiin s 1 s. lllllllt 1 nil s^ 1 1 It 1 1 1 ^ illilliHillili s 1 1 II 1 1 1 nil 1 mill ■ ~ - , - - -. „ |_. . ^ — . _ _ _ . 1 -. lllillMlllli|il|ll|i o o o o CO o o o 5t: o o O O e> 00 '^ o o ^ H 1 •7* UJ J ^' ^ s a: / U4 0; 9 / < <; / a: bJ / «^ o / u. UJ / u < ' Chart SHovyiriG Zl 5 o ) AMOUNT PER 4}000 OF THE BUDGET APPROPRIATED TO 11BRARIE5 b ^ / i - i' J n/ c • RK o to ^/ IIityofNevy Yo § u;/ COMMITTEE ON EDUCATION Board of Estimate and Apportionment EXHIBIT C O.C.C. o 3; h ll . J o 7 u J h A^ ?i (^ '-' ■^ a8 CL Oo 2 0) No m z 3 ^ l^ -- l^ ^ W I fo cvi O) i2 r<. 1^1 ^ fe § 3 i z I U) a CO Z 39 Per Cent of Total Library E)cpenditures R\iD FOR Salaries of Librarians and Assistants 1915 New York Public Library 1 r- so eo 70 I 60 9o /oo % Municipal Reference Branch ZO 30 ^U) BO 100 % Brooklyn Public Library — 1 1 I r 1 so 60 ^o &o 9o /oo 7, Queens Borouqh Public Library 96 WOA Average All Libraries so 60 Exhibit E 30 -r- 70 eo — r- 90 100 Te Per Cent of Total Library Expenditures Paid for Books. Periodicals and Binding 1915 New York Public Library "1 1 1 1 > r- ^o feo 70 —I i— I 1 — &0 90 100 % Municipal Reference. Branch 20 1 r- 30 — r- 4.0 — T" 30 -I 1 1 r 1 1 1 — 7a do 90 iooYq Brooklyn Public Library 1 1 1 r &0 90 100 Yo Queens BoROuqn Public Library AvERAQE All Libraries Exhibit F T 1 1 1 T 60 9o too f^ yWRO- PFIATIONS 900,000 800,000 700.000 600,000 500.000 400.000 300,000 200.000 loom 0- 1 Chart Showing Trend in Library Appropriations iNauDiNG Special Revemue BondiS « / -/ t t - C iTY OF New York COMMITTEE ON EDUCATON Board of Estimate and Apportionment EXHIBIT G DC. EL / f ^ ^ r / / / \ /^ 9 / < 9^ / * £ / / > ?' ^ h / i * a.«^ ^-i^ A f / / / 1 ^y"^ >2^ ■— ) y / / / / j "^Ol t-O^S /' f / ^ fi\\^ ^ ^< L^ ,- / i / / / •^ i / < 'j_ - ^ ^ >• r ~ ^ / / ^,< ,*<• '^, \^ / • *^J ■ 002 gja)gj050)0^0)0> 32 CIRCUIATO lOflOOOOO 9.00O.00O 600Q000 7000000 6000,000 MOOO Am.ooo 3000000 mo.000 Chart Showing Number of Volumes i } / / / / P.. IVIV llV/lvii K ^JKJL^ / _.. ^-.M-,., / UllY UHILY/ IUKr\ COMMITTEE ON EDUCATION Board of Estimate amd Apportionment EXHIBIT H / y / "^ / / / / / / / / / / .1^^ / / V ^ / t*/ / / y / c p7 ^.> y 4-, v^t ^^ J **/ ^^' ^/ sP < y s ,oJ^, '■ZL, . — '■ Ji\ fcjj, r f ( i**"^' •- '" ^? CIRCU- LATION 900.000 doom loo.ooo 600.000 500000 400,000 300.000 200000 100 000 iojo.q)o 1 h \ N EY ' Yoi \? L f \ / \ y JF >U b: -I C 1 \ / \ r i ba'3e 4 L IB R>VP .Y \ / \ 1 i \ AV\ ni r P p f C ' >oi _oxa I^Ar^J^TU i 1 \ 1 ..-. •— ; Tt« I.1 1 •■••a \ 1 \ / \ A \ / A\ ffp X / , rQT io ir) PF R n/inh / r \ A\ "iU} ' C?«J 1^1 .A j'lt/i liiii \ 1 / \ "^^ N k / \ \ / \ k / \ \ / \ \ ( € 65. 76 5 >i 6 09. 76J i %< / 60 lo B RO OY :l^ ^N 1 \ 1 \ \ 1 ^U Bl ,IG 1 f A^ t \ «io o r on r >PC ,/-5>,„„l L IB Ri \Y\ Y 4 ...- . ll\ 1 y" 9.0 ys i d 7 .'.'.7. nrrn V iS^ .€< ■7 [ / \ /^ \ ^^ V / A\r r_n_* / f 1 A A 2xrJ > I 1 \ / / Ay tiir /... *.< 4t- LI L f 33^: \/ 1 1 J ^«ii" ^^4 \ 1 1 ^ too Ui ' \ r / \ \ 1 Chart Shoyving COMPARATIVE CIRCULATION BY MONTHS IN EACH LIBRARY SYSTEM 1 •^1/1 f iVa, J/U 1 ^•■T-v^ *^r TvIiTiAr \/«Diy 1 COMMITTEE ON EDUCATJOK Board of Estimate anp Apportionment EXHIBIT I QV\ :e^ 5 30J IW 'q> i PU JLI C i JE IR> IR r r4(n 10 7 / 2S OSi ■4 5 ^ -7! .^ ^/ H E IZ 111 4' PE R fi/Ci )>K rH AM Ef\ to S 1914- 5 ^ >: b -fc > <; < ^ D Uj o s 2 s: -^ »o 2 1915 34 PER CENT ABOVE OR BELOW MOVING AVERAGE - e -5 -4 -3 -2. -] +1 +2 ^3 ^4 *-5 -6 /904 1905 1906 1907 I90Q 1909 1910 1911 IS/Z 19/3 191^ 1915 /9/6 Chart Showing per cent of Circulation and Library AppROPRiATioN5(lNa Spec Rev. Bonds) ABOVE oK below Movjng v^vtR AGE City of New York committee on education Board of Estimate and Apportionment exhibit J y / 1 ^ y 1 ^ ^ y^ .^ / y ^ r' .»* --' ( K — — __ IZ >H • ^^^ ^ ■■■"• — *'"^, "•►^ *^ ^ ^\ r / o A' .^ s Z ^ ^'' 1 r 05 s y ,'' / ^ > r / } z' r > 1 t \ (s I'' \ X \ '\ k ) ) _^ y . ^ i^ '" -"-" •*— ' - — — X. --*■ » y y \ / X ^ % \ ".. "*" — '*'»^, --' «•«.. "^ ■^ ^ LEGENE circulation ■ appropriation 1nc.spec.re.vbo ^^, ■•*•, ^ N V * " -~- --. " -.^ .._ ) y "-" ^ », x^ / *"*^ ^ 2 s 1 35 EXPEN- DrruRK PER yaw mcviA TJON 200 160 IZO 60 40 Chart Showing Expenditures per 1000 Circulation FROM Appropriations iNflllDINr^ 5\PKnAi Ppx/pisimp Rnwn^ City OF New York COMMITTEE ON EDUCATION Board of Estimate and /\ppoaTio»iMCNT EXHIBIT K D.C.E. « ► / 1 \ / \ > / ^>> / 4 y * y ,\ V 4 / ^/ / ^ W. A V' ^/ f r / i W / < f i f / 1 1 / f i '/ 1 / / A / / h 2 fa€ IQ' "i afr^ 5^ '21A 19H > 1 1 „ >9 ^' y^ y 1 ■« f^^ >> y / k' ^ :^^ y > / ,»^* >>' tJ^ / / "^ ^ v^ ^t»« ^ ^-« / y y ^37 5SJ r f f Q ' . .-^ c 3,7' fO 37 NUMBER OF TIMES BOOK STOCK TURNS OVER 3/2546 6789/0 \ . 1 r .Ri SH> './^ U- Q 14 \ -^Y r/ 1 >\)^ y'^ >r\^ V y ,Q_ f\A- r V x^/ ruW f..«"**' .— •— \ L/ / •J. LTfF *««»"\" -•7 .••'• s. .—■"•■ r^ -N / / >^ / s y / / V \ «9-Ai P.'V ' - 4: / ^— ' pUI %\^ A- .\ti ^ I *^* -y .^-^ \^ B0< [yX. ^.5-/ .•.••^' \ y .—••1 i^*** i / \ / \ / / / 1 \ , '' 7a -r ; \ \ / 1 < >^ fe:- / ; } f > pS^ ^, 1 1 i H ...•■ 1 t 7 / .,r^ lO^ / / 1 > y '\ ."i^- '^w'." \ \ / • ,' /• c-^iy f>-' K • / \ / -^ '.^-^ \ • \ • 4 7R. \,\ ••* t «-/» \ 1 1 1 1 1 1 Q ro f — 1 O.K }Ct Chart Shoyying Trend in Number of Times Book Stock Turn5 Over IN Each Library System City of New York COMMITTEE ON EDUCATION Board of Eshmate and Apportionment EXHIBIT M D. C. E. N^ 1900 1902 /904. 1906 /908 /9/0 /9/2 /9/4 19/6 19/Q 38 ( LIBRARY STAFF D 2 4- 6 8 10 IS 14 16 18 20 22 24 100,000 200,000 300,000 400,000 ANNUAL CIRCULATION =--^ V Chart Showing Library Staff Corresponding to Circulation IN All Branch Libraries 1915 City of New York committee on education Board of Estimate and Apportionment EXHIBIT N D.C.E. \\ \ V \ •••, "■ ' '1 ^ \ •••, \ L.- > \ • I 4 y \ L... A ._... -.. •-.. \ > \ / V \ • — -. * V • \ \ V 4 >^ \ ,' V ••-. V- . A *•• ';"" ••••• •••'* A \ ^ -^ ) ■>.. •, "N V '■••' •N '"•• "^ Ao X \ • CO On OS 1 \ 1 i % .... \ ^5:_. \ ^ V t • \ 1 ,- 1 V y ••' \ « > V \ \ \ ••*•* ' l\ i ''••., •• \ "• \ ••.. ••>. ^ 39 CIRCU- LATION 4OQ000 300.000 eoo.ooo lOO.OOO 0. 1.000 5000 10000 15.000 Z0.0O0 25.000 dOOOO 55.000 40.000 BOOK 5T0CK \ > V s V N V \ \ C > <- ^^ \ ^ ?• \ v'? X \ -^ V ^ > \ > N ^ * \ . c )N N <^ Mi% s^ J^ q h. \ \" \ r ^ :r ) \ ?- \ > V \ v X S^ H H >^ m ■< 1^ i CO g i o \ k \ \ > V \ V \ ' z 40 NUMBER OF TIMES BOOK STOCK TURNS OVER ANNUALLY O 2 4 e a W IZ 14 16 16 2 4 e Q 10 JZ 14 16 16 ZO ZZ 24 26 28 30 32 34 36 38 40 PER CENT OF TOTAL BOOK STOCK ACCESSIONED ANNUALLY r. , V > '-^\ ^v./\ \ < ■ ■'>?> -) > > ^ * ^ V 1 J N, n \ > ^ V o pi tt, \ V N \ 5 \ n > V \ A % V^ p -^ ^ \ ^^ T V^d I '?f \c ?. / ?-; -/- V o\ r V \ N \ 1 1 =1< ^co Co •— 1 5 O 3J ►-■-» -*^ \ \ V \ N i \ \ y \, \ \ 41 NUMBER OF TIMES BOOK STOCK TURNS OVER ANNUALLY 2 4 6 Q 10 IS 14 16 Id 2 4 6 & 10 12 14 16 18 20 22 24 26 28 30 32 34 36 36 40 PER CENT. OF TOTAL BOOK STOCK ACCESSIONED ANNUALLY ' z o \ > \ >r \ V \ \ o s, 2 \ 7 \ L m \ \ Ji \. 1 'A 7., ' ^. V<^c \ h \ / ^ (S •5^ \i > ^ \ ^ • ^ r r^ \' -fk e A l7 \C» V; ^ "^ '\ t ' o V \ \ i \ \ O >■ Prt "^ 1 ^C/» ^ y \ OB O 3) »T1 ^ \ \ i \ \ W 1 g f 1 ^ z ^ 1 § i y \ \ 42 NUMBER OF TIMES BOOK STOCK TURNS OVER ANNUALLY 2 4 6 8 10 IZ 14 16 IQ ZO 2 4-6 & 10 12 14- 16 le SO 22 24- 26 28 30 32 34 36 36 40 PER CENT OF TOTAL BOOK STOCK ACCESSIONED ANNUALLY ^ m \ S > V 2 \ > N m Co — \ 2 \ 2 > V \ ^ JS -^ \C L - ^ 1 ^< ■^ ■^ €. s ^ A \ ^ to / ^ A ■^ V "0, ^ '\ V V ^ ^ \ > V \ \ Chart Showing Accession Rate Queens Borouqh RiBLic Library Branches 191S City of New York committee on education Board of Estimate and ^ppoptjonment EXHIBIT R \ \ \ V \ \ 1 \ \ > 43 NUMBER OF TIMES BOOK STOCK TURNS OVER ANNUALLY 2 4 6 d> 10 IZ 14 16 18 2 4- 6 Q 10 IZ 14 16 Id 20 22 24 26 2b 30 3Z 34 36 3d 40 PER CENT OF TOTAL BOOK STOCK REBOUND ANNUALLY 1 ^ \ s \ ^ i \ 7i \ ^ 1*1 \ 2 2 \ k z o \ 30 > N k ^ • \ »••« w ^»a • W M^ m^^m '» w M »w^> ^ k -^ \ t, c i^. Cv5 > % ■^ ^L 1 ^'.. <^. K^ ; . ^i N ^ _y \ T \ ^^ ^ 1 *S 'Y 1 ^ * -f >F^ s 5 ^^^ p \ ^ S. Kr ^ > .. s ^^^ » CO H > 0:2: g Kg J ^ <^ . - i: > cr 3: s 1 1 45 NUMBER OF TIMES BOOK STOCK TURNS OVER ANNUALLY Z A 6 8 10 IB 14 16 Id 20 E A 6 Q 10 IZ /A 16 18 20 2Z 24- 26 28 30 32 34-36 3Q 40 PER CENT OF TOTAL BOOK STOCK REBOUND ANNUALLY N ^ ,^ ^s A^, 1 ^ ►, ? •V/i,. ^^ ^ s^ -> '^L "^ ►r^ ^> i^«. ■c ^ 1- •'v' ^7? > -^ ^ » x^ <- ^ ^ ^ s ^ Ch Ree Queens Boi c COMI Board o ^ityofNew ^ittee on e F Estimate and A EXHIBIT (J i g > 0,§ G) CO 46 NUMBER OF TIMES BOOK STOCK TURN5 OVER yWNUALLY 2 4 e & 10 IZ 14 16 la 2 A- e 3 10 PER CENT. OF T \ v \ > \ n \ > \ (^ • \ V \ \ !^r^ ^ iv \ '^^ . ^ DO *^ o ^ \^ V oN ^ ps Cr> ^^ V C/> K^ ^^ iV ^ Oj, H OD 1 ^ V- V fl T A -^^ m J>^ ^ ^1 ^•^ \ o > \ oSs V ^ \ o \ ^-^ o^ 2 o S o s^ r5 ^ \ ^ rv> \ \ V ^ Co \ 2 ^ R? i c:: o' 2 O i ^^ 3 > =5= \ ^kJ V iv \ fe 1 V H^ 8? i s i fe 4i. O 47 INTRODUCTION TO TABLES Several statistical tables have been prepared as a sort of hand book on the funds, accounts and costs of The New York (Circulation Department), BrooklyTi and Queens Borough Public Libraries. These tables are grouped under ten general headings, as follows: PART I. Statistics of Circulation, Appropriations, and Cost of Operation and Maintenance and Annual Salaries of Librarians and Assistants. PART II. Statements of Expenditures from City Funds Other than for Library Sites and Buildings. PART III. Statements of Exix;nditures from Other than City Funds Exclusive of Carnegie Library Building Fund. PART IV. Statement Showing the Annual Interest and Amortization Charges on Corporate Stock Issued for The New York (Circulation Department), Brooklyn and Queens Borough Public Libraries. PART V. A. Statement of the Amount of Taxes Lost by the City on Exempt Land Used by The New York (Circulation Department), Brooklyn and Queens Borough Public Libraries. B. Statements of the Assessed Value of Exempt Properties Used by the Three Library Systems in New York. PART VI. Analysis of Expenditures from Appropriations, Special Revenue Bonds, Fines, State Apportionments, Miscellaneous Revenues and Endowment Funds. PART VII. Statements of Expenditures by Fvinds, per i,ooo Circulation. PART VIII. Statement of Expenditures for Library Sites, Original Stock of Books and Buildings. PART IX. Branch Library Statistics. PART X. Miscellaneous Statements and Tables. 48 3 , •"-• 0« 00 (S rO M CN <-•«-« ^^ «-i .fh >4 .^^(N "1 '^ ""t. ^» ^. **. ^- ^. ^- ^. '^^ '"i. ^ wi^ ^STj«ov"OroOv'*eNC^t^^-w-^^'-<0\Ooo j«esioi/^oooor-nr)csfOoo^O'^Ov'0'OQoo 3t^(St^vOO*c^00T**roON»O^O00 00OOQ^ s i^'* O^H*^^t-Cio cTrj*" codes' '-rt^r^oTiC S^00^O^^P0O'-t'-<0^'»-'CMCN0^O'Nu^O H CM ^O ^**^'<0 »0 O fO cs 0^^* r*3 On <-• t^f^i Oi cs p^ -^iT li^i-," 00 oT ^ ^ CM Oi << 0- W •— ' O W o CO O CO h-H- < Eh CO IS W Eh I— ( ►H 3 J3 3 Ph J3 SO § u o pa 3 -H QO & < go, o w .-) w w o > 3 a >. 3 CQ O*^, •«NiO'-<*H-^wroOfOvOOO0'^CJO ^HO UroO^r^r**00^HfS00^0t^Ov''^O'^i'100*Or^ « CSONTt<0\O0000Ov»OOO>i'100iO^Tt<-<*<(^'^ ^*Z. 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Oh °^ WK HO n O r*^* CO ■^* ■^00 csr^00O"1'Or^00^-'C^O*^00OOf*^ OOQOO^O^O^OO^^r>^'^^sOOl^O^O^O* o 2 3 u 3 s m 3 t 2g o S O o! 3- o a a a a 3 o 3 o r S- ^ 3 o ■a 3 "I .3 c-o Quo s > S s a §OQQOOOt-0»OOQ»/ir- — -ft OOOOOoOoOOiOOOtOOOr*f*^r^oO'-' O O f*5 00 — oO ^ ro^^r^^fN t^^'O On^*^^^ 'tii^00*»'Oi'it^'t'—'O'OrgQ0'n'«^'O •-«CNf*^>O'Or^00O*-'--r^«-'CS'*5'^ I 8S§ «*5 0v •- O* r* oTw CO ^ O O O O 00 O — 00OOOi'*'^»oOOOooocc»';Qoooot^<*5W"-Ooo ) r*5 CO O "^ ^ f*l ^'^ '^ ^ ^^"l'^ )~ o »o" **^ ^- "t o^ •^f ^ ^ "-^ »'^ O "-^ "■" "^ '^ ■■-f'-'00r^ii/^r^r--f»OOOc^00'^ra<^ 88888^S2888S5S8 to CM 00 °. ro m m CN fO fO 00 — 0000r-*o ^00 oTfN 00 r^f oT-i^-^^ i^-'r-'irT--^ »-i ^ ii-) OOOOOoO(^OfNO«M'-'00 \0''-'t^OooiriaofDooooOfNOO*_ i/^^O^^irT^-Tt— "f^ OO O O f* ^ •-' '-I o ID o t^ o O o ■* r* Ov rsl f> o ooo O »D»D 0_ ■*')<_ 0"PO fD rN ^H ^-< .2 V ca o •:: c n CJQOO^O-^CNfO•o>oooooooooo-H«^-..-.--. L'TP400000^0^0^0^0^0^0>0^0^0^0^0^0^0^0^0^ o o 5 o O a f3 rt oi g a "S y o. aa n rt •n ca f^ >, n •a •n ^ ^ « ^ 3 M a •a 3 i ? S" "g a a ca o c 3 i o >, t- M rt ca v H c a 5- i; "3 6.3 50 a. o ^--•u^OfMOr^Ooo»or^oO O't^' (N "^ -O "^"ON^r^ oo" -o" Tf* o" t^ lo (N 00 r* ^ t^ locsrof^ $1,466,000 119,918 48,552 ■* •>> TO OJ d l-» fM ro 00 O^ 8' 00O*O'Or*'-H00fOO'-''Oi^ o t^ *o "O O' ^ 2 is. (NC^O^OOvOOMOO^OO 5*^2 oot'^TfO'^oo^oitOfOiorM ^O^OPOO^— «0^■<*"0Ol<— ii/^cO^CMr*40^00 fOt— ^"*OOv00O»O00'-tfN_ oor-ToToo >o oo ■^'^ r-'oT'— ^ ^00 CN OOO'r^'-'*-'O^'^ fO'fO'-*C4Tj't^fOt^lO»— O fOOiorOOiM'O'^t^'-'Ov'^ ooio»- ^ fO ro *-• r4 ,1 « c MpQ (0 o e 13 1^1 •a tc.t d •so u ctl o s ^ •-] «J c a nl w I" C "■ <« S _ ao 30- «0,CQw«.=,OJfc ^< ■5 2 as »:£ OA * ~ c 3 o; vo r^ fN l~- t— 1^ — ^ O o o >o lO CN ^H O^Oirt O fO O^ O CN O \0 O^ o r^ rvi lO o oocs 00 ■213 2j° fO o I-. 00 '-' 00 f^ rO \0 fO 00 «^ 0 CS c^ O '-' r^ ^-^ St a .0) M 3 o c 3 c I o o< o If o M lO •o •* o fo 00 «» s s=^ OJ O •o t-> O en C ■c a S a a < *? i>.S ^ 3C^ 3 C . w « « .2 5 Q O iS o 51 TABLE 4 STATEMENT SHOWING THE MEDIAN AND AVERAGE SALARIES OF CHIEF LIBRARIANS, ASSIST- ANTS, SUPERVISORS, BRANCH LIBRARIANS, FIRST ASSISTANTS, SENIOR ASSISTANTS, JUNIOR ASSISTANTS (CHIEFS OP DEPARTMENTS), AND CATALOGUERS IN THE NEW YORK (CIR- CULATION DEPARTMENT), BROOKLYN AND QUEENS BOROUGH PUBLIC LIBRARIES JUNE, 1915 Annual Salary $240. 480. 540. 600. 624. 630. 660. 720. 780. 840. 900. 960. 1,020. 1,080. 1,140. 1,200. 1,260. 1,300. 1,320. 1,380. 1,440. 1,500. 1,600. 1,720. 1,800. 2,000. 2,400. 2,600. 4,000. 5,000. 9,200. New York Public Library Circulation Department 1 No. of Persons. Median Salary Average Salary No. of Persons per 1,000,000 Circulation for 1915 119 83 86 79 15 14 28 11 13 3 7 6 10 "9* 1 7 2 .... 1 1 $240 64^266 49,800 56,760 56,880 11,700 11,760 25,200 10,560 13,260 3,240 7,980 7,200 12,600 iiisso 1,380 10,080 3,000 ' ii726 1,800 2,000 5,000 Brooklyn Public Library $660. $739.55 51 28 20 37 2 13 46 16 33 7 18 17 10 4 4 4 $13,440 10,800 22,200 1,248 8,190 30,360 11,520 25,740 5,880 16,200 16,320 10,200 4,320 4,560 4,800 1,300 1,500 1,600 3,600 2,000 2,400 2,600 4,000 9,200 498 $368,300 269 $213,978 $660. $795.45 46 Queens Borough Public Library Total 1 11 14 9 10 5 10 1 6 1 5 3 2 $480 5,940 8,400 5,940 7,200 3,900 8,400 900 5,760 1,020 5,400 3,420 2,400 6,000 1 2,600 83 $67,760 $720. $816.38 54 1 29 ISO 134 2 13 141 105 53 31 47 34 24 12 14 12 10 1 9 1 7 7 1 1 3 2 1 2 1 1 1 $240 13,920 81,000 80,400 1,248 8,190 93,060 75.600 41,340 26,040 42,300 32,640 24,480 12,960 15,960 14,400 12,600 1,300 11,880 1,380 10,080 10.500 1,600 1,720 5,400 4,000 2,400 5,200 4.000 5.000 9.200 850 $650,038 $660. $764.74 49 S3 6h < iig ^ o i Q 1 y ^ p:; n p CO 1—1 1^ p<$ M ffi H >o O « r(^ J Q ^ H g IS o CO Pi 1-4 Q S g O CO H M » i OOOOOOHOOOOOOOi w o H < w o z o I— « ;3 o p^ o < m !3 o HH m Ph o Z >^ n w O Z P O S o on CO H Q I I rt 01 3 X as o . i/> <-J" »0 Q ^ •^ ^* **^ O O* t-» 00* ^ -^ -^r^ ^ 00 O O ^ oo^t^ r»l^rO^ ^ »o o 00 ^ -^ 0«^ O **5 C^ vO 00 O f*^ o^ «* t^ C . t^ o •OM lO o J Ov ■* :«» <« «» oo- 8; lirTo Oio t^O o «-) oo» ^ lO o o>n o-^ o Ov O «N Os ^ o lO ^ o o lOm >oo »o o pcr^ «» «» 8 o lOO o 2 ■ lO o e^io o o • •-< t^ t^ o • o o r^jO o - "t -«t ■pH tJ" On o 00 (*1 ON ca 0^ fO Tj« ^-( «» «» JOOO00^cr4OOO^O^•^fO )00OeNr^'^00»OiOO\Ot*7O OOOOON'^'-'rCf^O\00'-'iOOJ iO»/^tOO>O0000'^P0t^'Or*lOO '0»— 'r^Orcf^OcNOr^^fOfiO* u^i-roN""^"'-^^f^"oo r^ \o O es '-' ■•-* Oi'-tTt<'-<'-«rcOON'-"'*'^fOfOro JOOOOt^OOOOOOO >00OOOrfOOOO»OU^*O oo • 8 00 lOiO • oo oo ■ ,_ o OOIO • ir> o OtJ. ■ fc"r^*" . r^ CO fM cs «o «9 no" OOOOO00f0OfNOcN«-'0\0N NO '-' t— O 00 lO 00 **^^OO^oO Ov^c^On_On_ i/T^-ToTio ^-Tr^ roooOOt--^'-''-' ^»-HCSrO'^^»Om*ONONO*Ot^t^ ■■^r^'^oooO'-'oONOt^ •t^r^f^i-i-^iOOoOWTj^ • Ofor^OooO*^^^^* • t-»eNONNOt^t^Qc^O ooo §d>d> to lo o T** -**< o t— o t- 8 On o NO ■* •rj «% SlOO On 00 ooo o> pfo o ^-1 t^ o"! 0^ ■>* .«* «• «» 3 •g a g n 8 a •a ■s ■3 3 o I o (NrOrfiONOt^ooONO— ^(N^O-^u^NO OOOOOOOO'-"'-''-*'-''-''-''^ OnOvOnO^O^OnOiOn^O^On^^OnOn s e t R a < Tt c cS !^ « nl E J3 c rn [z] ^ n c Tl d M 3 « J3 U f/l ■H C 1 c^ rt i- -^ n, 6< a c n. •t^ rt c B C Hi t! rt s f1 f1» g X s ,r{ H ■% * g s c 4J ••a 1 c 53 z s. s X PQ M P ^ „ ^ .S" 2: H 4) o OJ S Q < 8^ Is o o o o o o 00 cs o t^\o o o -^ f*:i 00 o • QOOOO00lO^^■^lOO^u^O00■-t^^i00 OOO-r^r^w^iOOO^e^^O* 0»_»- O -^ 00 "^ cTo 0^* ^0* \C CO t^* •** CC l^' "-^ 00 'O ro O O"" ^^ ,«» ^ 'O OOOO'-'OOCOr-O^oO't'OGO'^^O'^ O O ^~ r^ •'"' ro .-^0v^i^^^0n_i/-^O t'- 00 O^ Tf^O'OO^O<^'^000^r^rc«— frj^-O «» ^ ^ CN (M r*^ f<^ ^T) CO ro ■^ ■'f ■* -^ ■* 't D Q Oo -r^ON 0*0 0» '-'00 «sies • -^ >0 >< P3 w D Z >< 8- PQ—" e K oooao mtx>t~» 8S : W5 QOO • 00 am • O"^ • c >«o>' . i 88S :5 :§ d 00 00 •*«>. 8 28 is lorf 5 tCvO 8 8 : 88 «8 : s i 8 : 88 00 r^" OOfO ■ «<= ; :SS : ss fO •a • pi as 1^ §0*0000 oooioa'—*»o^--^»0'* OOOOOOOONOOr^O^fO — 00 doQooocoo^ — •^'Ooooo'** — ''i OQOOO'^OOOOt— ^0rSO^^^fNO'f*:)>O q"0*0'*'0">0 00 ^"r^ Q0f*5^00^'*5'Ot^»'^ 3;*«J•o^^O00»O00^'*5'OO'<-"-"-'^<^'^ ^ ^ ^ CN r»i fO f*^ f^ ro ■«*"<*•'* -^ -^ "* 8000©0000"^00''"''^0f*^'^ 00000000000t^<^<^^00 . .ooorsOO jr-r-u^*00'-'O«O^O't^"^Or*p^00 jQQO'O00'Or^0CfO'O't-*^-*^00»o f.^O'OOO'CoO'—r^^'OO^rJfO'-'*^*^"^ ^ *^ ^ ^ cs rs) r«3 ro ro ^ '^ <^ '^ "^ "^ 5 *-» o* o o O^ *^ ^ r^ r* f^ 00 f^ >© cs to O »*5 ^ vO OOCO --" -- s 000*O«-'C^f^^"^Or-*00O'O'-*C*4f*5^*'5^ ovo^oooooooooo^-^'^^^^r* 0000^O^O^O^O^^O•^^O^O^O^O^^O*O^CT' 3 o 54 CQ I— t J i-t o o to . 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STATEMENT OF THE AMOUNT OF TAXES LOST BY THE CITY ON EXEMPT LAND USED BY THE NEW YORK (CIRCULATION DEPARTMENT), BROOKLYN AND QUEENS BOROUGH PUBLIC LIBRARIES B. STATEMENTS OF THE ASSESSED VALUE OF EXEMPT PROPERTIES USED BY THE NEW YORK (CIRCULATION DEPARTMENT), BROOKLYN AND QUEENS BOROUGH PUBLIC LIBRARIES TABLE 13 STATEMENT OF THE AMOUNT OF TAXES LOST BY THE CITY ON EXEMPT LAND USED BY THE NEW YORK (CIRCULATION DEPARTMENT), BROOKLYN AND QUEENS BOROUGH PUBLIC LIBRARIES NEW YORK PUBLIC LIBRARY (CIRCULATION DEPARTMENT) Manhattan Tax Land Rate Amount Value Cents of Taxes 1908 $931,500 1.61407 $15,035.06 1909 933,500 1.67804 15,664.50 1910 951,500 1.75790 16,726.42 1911 1,016,250 1.72248 17,504.70 1912 1,050,750 1.83 19,228.72 1913 1,066,333 1.81 19,300,63 1914 1,105,833 1.78 19,683.83 1915 1,135,333 1.87 21,230.73 Total $144,374.59 The Bronx Tax Land Rqte Amount Value Cents of Taxes Richmond Tax Land Rate Amount Value Cents of Taxes $64,900 64,900 80,900 86,200 96,700 113,200 115,000 115,500 1.61407 1.67804 1.75790 1.72248 1.83 1.81 1.77 1.94 $1,047.53 1,089.05 1,422.14 1,484.78 1,769.61 2,048.92 2,035 . 50 2,240.70 $44,100 44,100 44,100 45,800 47,500 52,500 52,900 52,900 .71115 .77522 .87501 .81657 .92 .92 .90 .24 $754.62 782.87 826.88 831.99 912.00 1,008.00 1,005.10 1,184.96 Total New York Public Library $16,837.21 17,536.42 18,975.44 19,821.47 21,910.33 22,357.55 22,724.43 24,656.39 $13,138.23 $7,306.42 $164,819.24 BROOKLYN PUBLIC LIBRARY QUEENS BOROUGH PUBLIC LIBRARY Land Value Brooklyn Tax Rate Cents 1908 $574,500 1.67021 1909 593,500 1.73780 1910 594,500 1.81499 1911 696,500 1.75502 1912 698,700 1.87 1913 721,700 1.85 1914 ^61,800 1.84 1915 1,128,800 1.92 Total Amount of Taxes Land Value Queens Tax Rate Cents Amount of Taxes $9,595.36 $60,900 1.66031 $1,011.13 9,912.70 60,900 1.72536 1,050.74 10,790.12 60,900 1.81079 1,249.44 12,223.71 117,000 1.73645 2,031.65 13,065.69 117,000 1.84 2,152.80 13,351.45 117,000 1.84 2,164.50 14,017.12 117,000 1.80 2,106.00 21,672.96 114,000 1.95 2,223.00 Total Taxes New York Public Library $16,837.21 17,536.42 18,975.44 19,821.47 21,910.33 22,357.55 22,724.43 24,656.39 Grand Total Taxes $27,443.70 28,499.86 31,015.00 34,076.83 37,128.82 37,873.50 38,847.55 48,552.35 $104,629.11 $13,989.26 $164,819.24 $283,437.61 59 ^1 ^O %0 NO ^ ^o^o ^ ^o ^ ^o ^ ^^ ^^ *o o o (*: ro 00 o^ »-< o* O ^ fj O O^ l~^ O* t"^ ^ t"^ f*5 ^ ^ *0 «-^ r* 0\_^ ^ ^ ^ ^ ^ ^ ^ *o 04 o O n w Z M & Q o Om-I V 3 d 2 o a a > a- ill 8QQO Of^fOPO O O lO u^ re PC PC lO ^O^ i-T ^ O* O CN ^0 sO*Ot^O^OO'-'U^ ^ -H ^ ^c4"eN -} n H M Q. o a, a X a (^ o w > Q W CO W P^ O H is H « M > 3 3 o CO*! ill a I > ^ ^ ^ "O ^o ^ ^ o 00 00 ro -^ O^ 00 ^ 0_ »oto^r>ooo09^^4 cs" es (n" cnT fs" cnT e>re*r Sr- ^ 0» p^ t^ O g8§8S gggggggg II > P'iMCNesescseNro ^i-2S 888888^ '|J| i O* On O' c^ r^ f*^ < > 00 00 On -^^^ > n^v^vOvO^nO'OnO ^ lO ^ '^ ""^ *o nO o lo lo oT r^ ^"oTc^" ^ '-t'-'OOO^OONO a OOOOOfOfOfO ^■*f ^^ OOOu^u^P0f^f*5 ,> OnOnOvOOO-^^ >< :::::::: Os^O^O^O^OsO^Ov K O & o o n CO « o> < z M O § PQ M w Q Z o § O o 5; MtO zS l2 W^ w a; C0P3 1— I P4 IS H X &< O « > Q CO CO W CO CO < w b O z S I CO p s 1-4 „ O || 888888888888 V^ QxTixn o'lo'fN i/^ -"t O o ■^ §oooc ^0^0 r- O^C __________ 10 10 O* 00 to I'T o" »o Q »o cT u^ 10^ ^ w^ 0000000000c •-iiOO00O»OCNPCO>OOw^fNi-"O. ooooooo< 8888888? >oooooo >oooo5S ),o_o^o_o_o,o. 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' ' ^ ' Ogg < m u oco b g g I § S 5 5 5 sss 93 PQ < fto z Ho i I o o o tst«5e*> -M III r a 0.2 •2 ta « g" a ill o •8 : 3«>« S?S! ^^ * 00 to t^rO g; : O0»H lOt^ OM t^O :§S MOO lOOQv) 00^1^^ 88S88S8SS8SSSSS8S OOooooOiOQO»ooor*ror«oo»H ro 00 1^00 ^f*^t^••»< >nOoo 'i/^r^t^^o ■ 'C^ivo ^OOO '^-^Q 4-4 i/)r^ . «H 1 CN ■^o 00 Ov»0 ■^ ?*3t^ oor^ ■ O op O O^ ooo ■•^O 00 00 »^ o ■ >Ot^ <*> o lo r-T ; cTod'oro ^^0 .00*000-^ ooO*-«t*t^OvcsiOioesooooocoo*"^t^O «-« ro e^i *-< f<) O O *^'^<^'~;.**^.^.^.^.'^.^^. p^'c^ lO o" t*f 00 0\" (N 00"ro" ■^* oT OiO^ 94 APPENDIX A An Act to Authorize and Empower the City of New York to Establish and Maintain A Free Public Library System Laws of 1901 Chapter 580 The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section L An offer having been made by Andrew Carnegie, esquire, of the city of New York, to furnish the money which may be needed for the erection of buildings for free branch libraries for circulation in the city of New York, estimated to cost the sum of five million two hundred thousand dollars provided that the said city will furnish the necessary sites for said branch library buildings, and also agree in satisfactory form to provide for the maintenance of said buildings when built, the board of estimate and apportionment of the city of New York is hereby authorized and empowered in its discretion to acquire title to sites for free branch public libraries for circulation, when approved by the person or corporation with whom a contract is made for the erection of a building thereon as provided in the next section of this act. Such sites so selected and located shall be and are hereby set apart for the purposes of the buildings to be erected thereon and for use as free branch pubhc libraries for circulation with reading rooms and other necessary accommoda- tions. The said board of estimate and apportionment shall have power in its discretion, to acquire the said sites or any of them, by gift or by purchase and to agree upon the piu-chase price of the lands or interests therein from time to time so selected and located and the said board of estimate and apportionment shall also have power in its discretion, to acquire title to the said sites or any of them by condemnation proceedings in the manner provided by chapter twenty-one of the Greater New York charter. And the said board of estimate and apportionment of the city of New York shall have power in its discretion by a resolution passed by the unanimous vote of the members of said board, and also approved by the unanimous vote of the board of commissioners of the sinking fimd of the city of New York, and by the person or corporation with whom a contract is made for the erection of a btdlding thereon as provided in the next section of this act, to authorize the use for the purposes of the erection and maintenance of said free branch pubhc libraries of any real estate belonging to the city of New York and which is not required for other public purposes, and upon the passage of the said resolution by the said board of estimate and apportionment, when approved as aforesaid, the said real estate therein described shall be and is hereby set apart for the purposes of the erection and maintenance of the said buildings of skid free branch public libraries. Section IL The board of estimate and apportionment of the city of New York is hereby authorized in its discretion to make and enter into contracts with the said Andrew Carnegie or with any person or persons designated by him or with his personal representatives, or with any corporation or corporations approved by him or them having lawful authority to construct and maintain free libraries which contracts may provide for the erection and equipment without cost to the city of New York of hbrary buildings upon the sites so acquired, or upon other sites now possessed or which may be possessed by such corporation or by the city of New York. Every such contract with the said corporation shall provide for the use and occupation of the buildings thereafter erected, in compUance with the terms of such contract by the corporation by which such a contract is made, and for the establishment and maintenance in each of them of a free branch public circulating library and reading room and every such contract may provide that such use and occupation shall continue so long as the said corporation with which it is made shall maintain such free branch public libraries and reading rooms upon the said sites respectively. Section IIL The said board of estimate and apportionment is fvirther authorized and em- powered in its discretion, and in such manner as may seem to it advisable to provide in such con- tracts for the maintenance of a public library system in the City of New York, including therein the maintenance of any, or all of the free pubhc Ubraries now existing in said city which have here- tofore been maintained in whole or in part by the pubUc fimds of the said dty, and also for the 95 riiaintenance of the branch libraries to be erected as hereinbefore provided, and of travelling libraries within said city. The amounts required for such maintenance shall constitute a city charge to be provided for in the annual budget and tax levy of said city. The contracts to be made under the authority conferred by this act may provide for the maintenance of the libraries on such sites as rapidly as the same are obtained, and library buildings are constructed thereon pursuant to the provisions of this act, and for the maintenance of such other branches or reading rooms or circulating or travelling libraries as are herein above referred to. Section IV. For the purpose of carrying out the provisions of this act and for paying the expenses of the acquisition of the sites and conducting the proceedings for the condemnation thereof, it shall be the duty of the comptroller of the City of New York on being thereunto authorized by the said board of estimate and apportionment to issue and sell the corjjorate stock of the city of New York in such amounts as may be necessary, and at such a rate of interest as may be fixed by said comptroller. No consent or approval of the municipal assembly nor of any board other than the said board of estimate and apportionment shall be necessary to authorize the comptroller to issue such stock for the purposes of this act. Section V. This act shall take effect immediately. APPENDIX B Agreement entered into between the City of New York and The New York Public Library, Astor, Lenox and Tilden Foundations for the erection of branch libraries in the Boroughs of Man- hattan, The Bronx and Richmond, 1901. THIS AGREEMENT, made and concluded this Seventeenth day of July, in the year one thousand nine hundred and one, by and between THE CITY OF NEW YORK, by the Board of Estimate and Apportionment of said city, party of the first part, and THE NEW YORK PUBLIC LIBRARY, ASTOR, LENOX AND TILDEN FOUNDATIONS, party of the second part, Wit- nesseth: WHEREAS, Andrew Carnegie, of the City of New York, has heretofore offered to furnish the funds necessary for the erection of buildings for (>5 free branch libraries for circulation in the City of New York, estimated in all to cost the sum of five million two hundred thousand dollars ($5,200,- 000), being an average cost of $80,000 each, provided the City of New York would furnish the necessary sites for such buildings and agree in satisfactory- form to provide for the maintenance of said branches when completed, and WHEREAS, by an Act of the Legislature of the State of New York, approved April 26, 1901, entitled "An Act to authorize and empower the City of New York to establish and maintain a free public library system," being Chapter 580 of the Laws of 1901, the Board of Estimate and Apportionment of the City of New York is authorized in its discretion to acquire title by gift, con- demnation or purchase to sites for free branch public Ubraries for circulation, with the approval of the person or corporation with whom the contract is made, for the erection of buildings thereon; and whereby such Board is further empowered upon the terms and conditions imposed in said act to authorize the use of any real estate belonging to the City of New York which is not required for other public purposes, for the maintenance and erection of said free public branches; and by which act the said Board of Estimate and Apportionment is further authorized in its discretion to make and enter into contracts with said Andrew Carnegie, or with any person or persons designated by him or with his personal representative, or with any corporation or corporations approved by him or them having lawful authority to construct and maintain free Ubraries, for the erection and equip- ment without cost to the City of New York of Hbrary buildings upon such sites so to be acquired, or upon sites now possessed or which may hereafter be possessed by any corporation with which such contract is made, or by the City of New York, and which Board of Estimate and Apportionment is fiulher authorized to provide in such contracts for the maintenance of a public library system in the City of New York, including therein the maintenance of any or all of the free public libraries now existing in said city which have heretofore been maintained in whole or in part by the public funds of said city, as well as for the maintenance of said branch libraries so to be erected as hereinbefore provided, and of travelling libraries, which amounts required for maintenance shall constitute a 96 city charge to be provided for in the annual budget and tax levy of said City of New York, and which contracts may provide for the maintenance of the libraries to be constructed on such sites as rapidly as the same may be obtained and Ubrary buildings are erected thereon; and WHEREAS, it is not at the present time deemed expedient by the parties hereto to avail of so much of said act of the Legislatiu-e as relates to the incorporation in this agreement of provisions for the support of free public libraries now existing in said City which have heretofore been main- tained in whole or in part by the public funds of said City, but rather to leave that subject to be disposed of as the same may from time to time arise hereafter; and WHEREAS, the said THE NEW YORK PUBLIC LIBRARY, ASTOR, LENOX AND TILDEN FOUNDATIONS has been approved by said Andrew Carnegie, as provided in said act, and duly designated by him as his agent for the purpose of this agreement, and has lawful authority to contruct and maintain free libraries in the City of New York; and WHEREAS, it is desired by the said party of the first part to avail of the offer of said Andrew Carnegie upon the terms provided in said act of the Legislature hereinabove referred to, and upon the terms and in the manner herein set forth. NOW, THEREFORE, IT IS AGREED between the said parties hereto as follows, viz.: FIRST : The party of the first part shall proceed to acquire title by gift, purchase or by condem- nation as provided in said Act hereinbefore referred to, to such sites as shall be necessary in the Boroughs of Manhattan, The Bronx and Richmond, for the piirpose of the erection and maintenance thereon of free branch public libraries, on the approval in each cae of the said The New York Public Library, Astor, Lenox and Tilden Foimdations, which sites so to be selected and approved, shall not unless by mutual consent, exceed in number forty-two in the said Boroughs of Manhattan, The Bronx and Richmond, the proportion of said Sixty-five Libraries allotted to said Boroughs; and the said Board of Estimate and Apportionment of the City of New York, by resolution adopted by the unanimous vote of said Board and approved by the unanimous vote of the Commissioners of the Sinking Fund of the City of New York, and on the approval in each case of The New York Public Library, Astor, Lenox and Tilden Foundations, may authorize the use of any real estate belonging to said City of New York, which is not required for other public purposes for the purpose of such erection and maintenance; and further provided that any site now possessed or hereafter acquired by the said The New York Public Library, Astor, Lenox and Tilden Foundations, may, with the approval of the said Board of Estimate and Apportionment, be used as a site for the erection and maintenance of such branch public libraries as aforesaid. SECOND: The New York Public Library, Astor, Lenox and Tilden Foimdations, shall, upon the acquisition of title to any site so approved as aforesaid, or upon the passage of resolutions as aforesaid by the unanimous vote of the members of the Board of Estimate and Apportiormient and of the said Commissioners of the Sinking Fund authorizing the use of any real estate of the City of New York, not required for other pubUc purposes, or upon the approval of the Board of Estimate and Apportionment of any site now possessed or which may hereafter be possessed or acquired by the party of the second part, proceed with the erection and equipment of library build- ings thereon, without cost to the City of New York, and shall complete the same with fimds so to be contributed by Andrew Carnegie as aforesaid; provided, however, that the said The New York Public Library, Astor, Lenox and TUden Foundations, shall not be required to, nor shall it, without the consent of the said Board of Estimate and Apportionment, commence the erection and equip- ment of a larger number than ten library buildings upon sites furnished by the City of New York in the Boroughs of Manhattan, The Bronx and Richmond, in any single calendar year under the provisions hereof, and not to exceed forty-two branch library buildings in all in the Boroughs of Manhattan, The Bronx and Richmond. Such sites and each of them and the buildings thereon when completed shall be devoted to the maintenance of free branch public circtilating libraries and reading-rooms, and the same and each of the same are hereby set apart for use as free branch public libraries for circulation; and the said party of the first part does hereby grant, demise and let unto the said The New York Public Library, Astor, Lenox and Tilden Foundations and its successors, on the erection of such buildings in each case, the land or real estate so acquired for sites, and the said land or real estate, the use of which shall have been authorized by the said Board of Estimate and Apportionment and the Commissioners of the Sinking Fund of the City of New York, which is not required for any other pub'ic purpose, with all improvements upon the same or any of the same, together with the appurtenances; TO HAVE AND TO HOLD the same in each case imto the said party of the second part and its successors so long as the said party of the second 97 part and its successors shall continue to maintain upon the same respectively free branch public libra- ries and reading-rooms, and so long as the said party of the second part and its successors shall keep,, perform and observe the covenants and conditions herein contained on its part to be kept, performed and observed. THIRD: The party of the second part agrees forthwith upon the acquisition of any site by the City of New York when approved as hereinbefore provided, or when the use of any real estate belonging to the City of New York which is not reqtiired for any other public purposes, shall have been duly granted as aforesaid, when approved by the party of thasecofid part, or upon the approval of any site now possessed or to be hereafter possessed by the party of thie second part by the Board of Estimate and Apportionment of the City of New York as a site for a free public library for circula- tion within the meaning of the above mentioned act, to proceed to erect upon the same respectively branch libraries for circulation, and to equip the same, the expense thereof to be paid from funds to be fiunished by Andrew Carnegie and without cost to the City of New York; and the party of the second part further agrees to complete the same as soon as possible, and thereafter to conduct and carry on in the same respectively, with funds to be provided by the party of the first part as herein- after provided, free public libraries for circulation with reading-rooms, and to devote the same to the use of the public. FOURTH: The party of the first part further agrees adequately to provide for the main- tenance of the free pubUc branch libraries to be erected piu^uant to this agreement, and of travelling libraries, in said city, and to that end to provide in each year in the annual budget and tax levy of said city a sum not less than ten per centum of the amount expended by said Andrew Carnegie under the provisions of said Act, which sum shall be expended for the maintenance of the branch libraries to be hereafter constructed pursuant to this contract, which maintenance shall be provided for said libraries to be hereafter constructed as rapidly as the same are obtained; and in case a library' build- ing is under construction, maintenance may be provided therefor, to commence when constructed; and provided, fiuther, that the obligation hereby assumed by the party of the first part to provide for such maintenance a sum not less than ten jjcr centum of the amount so expended by said Andrew Carnegie, shall not be taken to limit the right of said Board of Estimate and Apportionment to appropriate for such maintenance any larger siun if, in its discretion, additional appropriations should be required. FIFTH : The party of the second part ftulher agrees that such amounts so to be appropriated in each year for the maintenance of a free public library system in the Boroughs of Manhattan, The Bronx and Richmond shall be applied solely to the maintenance of the several branch public libraries for circulation constructed therein pvirsuant to the terms of this agreement. SIXTH: IT IS FURTHER AGREED that the said several branch libraries which may be constructed pursuant to the provisions of said act, and each of them, shall be accessible at all rea- sonable hoiu^ and times, free of expense, to the persons resorting thereto, subject only to such reasonable control and regulation as the party of the second part, its successors or successor, from time to time may exercise and estabhsh for general convenience; provided, further, that the lending, delivery and one or more reading-rooms in each of said library buildings shall be open and accessible to the public upon every day of the week except Sunday, but including all legal holidays, from at least nine o'clock a.m. to at least nine o'clock p.m., imder such rules and regulations as the said party of the second part shall prescribe from time to time, and on Simdays such parts of any of such libraries may be opened in such manner and during such hours as may be from time to time agreed upon between the said Board of Estimate and Apportionment and said The New York Public Li- brary, Astor, Lenox and Tilden Foundations. SEVENTH : The books contained in said several libraries which shall be purchased with funds provided by said Andrew Carnegie or by fimds hereafter provided by the City of New York shall be and remain the property of the City of New York and shall be marked plainly as such, and the authorities of the City of New York shall have at all times access to every part of said library build- ings and libraries and each of them for general police visitation and supervision, and also for the purpose of the performance of the duties devolving upon them by the laws of the State of New York now or hereafter to be enacted, and the police powers exercised by the said City of New York shall extend in, through and over the said buildings and each of them. The party of the second part, however, shall appoint, direct, control and remove all persons employed within the said buildings respectively and in the care of the same. All fines to be exacted from any person or persons shall be retained by the party of the second part, applied to the business of circulation and duly accoimted 98 for in its accounts. All balances of anntial appropriations made by the party of the first part and not duly expended by the party of the second part for the maintenance of such libraries during the calendar years for which such appropriations shall have been made, shall be accounted for and paid by the said party of the second part to the Comptroller of the City of New York, to be deposited to the credit of the general fund for the reduction of taxation within sixty days after the expiration of each of such calendar years. EIGHTH : The City shall annually, in addition to the provision for maintenance heretofore provided for, provide funds for the repair of the several buildings located upon sites owned by or furnished by the city. The city, in addition, shall at all times furnish a supply of water, and, with the limitations already defined the party of the second part shall exercise direction and manage- ment over the affairs of the several library buildings, and the books, collections, and appurtenances. NINTH : IT IS FURTHER AGREED that this agreement may be wholly cancelled or annulled, or from time to time altered or modified, as to any one or more of the library buildings hereafter to be constructed or owned or for which maintenance is provided under the provisions of this agreement, as may be agreed upon in writing between the parties hereto or their successors, anything herein to the contrary notwithstanding. TENTH : That the said party of the second part shall on or before the first day of May in every year during the continuance of this agreement submit to the party of the first part, its successor or successors, a detailed report of the transactions of the party of the second part, to and including the 31st day of December of the year preceding. IN WITNESS WHEREOF, the party of the first part has caused this agreement to be executed by the Board of Estimate and Apportionment pursuant to a resolution adopted at a meeting held on the seventeenth day of July, 1901 and the party of the second part has caused this agreement to be executed by its President, and its official seal to be hereto affixed pursuant to resolutions of the Trustees of The New York Public Library, Astor, Lenox and Tilden Foundations, and adopted at a meeting held on the 29th day of May, 1901. RoBT. A. Van Wyck, Mayor Bird S. Coler, Comptroller John Whalen, Corporation Counsel Randolph Guggenheimer President of the Council Thos. L. Feitner, President of the Department of Taxes and Assessments THE NEW YORK PUBLIC LIBRARY, ASTOR, LENOX AND TILDEN FOUNDATIONS: By John Bigelow, President. (Corporate Seal) Attest : G. L. Rives, Secretary. This contract seems to me in every respect admirable, and is heartily approved. Andrew Carnegie. Skibo Castle, June 24th, 1901. 99 APPENDIX C Agreement Entered into Between The City of New York and the Representatives or Andrew Carnegie for the Erection of Branch Libraries in the Borough of Brooklyn, 1901. THIS AGREEMENT, made and concluded this Eleventh day of September, in the year One thousand nine hundred and one, by and between THE CITY OF NEW YORK, by the Board of Estimate and Apportionment of said city, party of the first part, and David A. Boody, Daniel W. McWilliams, R. Ross Appleton, and John W. Devoy, parties of the second part, Witnesseth: WHEREAS, Andrew Carnegie, of the City of New York, has heretofore offered to furnish the funds necessary for the erection of buildings for 65 free branch libraries for circulation in the City of New York, estimated in all to cost the sum of five million two hundred thousand dollars ($5,200,- 000), being an average cost of $80,000 each, provided the City of New York would furnish the necessary sites for such buildings and agree in satisfactory form to provide for the maintenance of said branches when completed; and WHEREAS, by an Act of the Legislature of the State of New York, approved April 26th, 1901, entitled "An Act to authorize and empower the city of New York to establish and maintain a free pubhc library system, " being Chapter 580 of the Laws of 1901, the Board of Estimate and Appor- tionment of the City of New York is authorized in its discretion to acquire title by gift, condemnation or purchase to sites for free branch public libraries for circulation, with the approval of the person or corporation with whom the contract is made, for the erection of buildings thereon ; and whereby such Board is fiu-thcr empowered upon the terms and conditions imposed in said act to authorize the use of any real estate belonging to the City of New York which is not required for other public purposes, for the maintenance and erection of said free public branches; and by which act the said Board of Estimate and Apportionment is further authorized in its discretion to make and enter into con- tracts with said Andrew Carnegie, or with any person or persons designated by him, or with his personal representative, or with any corporation or corporations approved by him or them having lawful authority to construct and maintain free libraries, for the erection and equipment without cost to the City of New York of library buildings upon such sites so to be acquired, or upon sites now possessed or which may hereafter be possessed by any corporation with which such contract is made, or by the City of New York, and which Board of Estimate and Apportionment is further authorized to provide in such contracts for the maintenance of a public library system in the City of New York, including therein the maintenance of any or all of the free public libraries now existing in said city which have heretofore been maintained in whole or in part by the public funds of said city, as well as for the maintenance of said branch libraries so to be erected as hereinbefore provided and of traveling libraries, which amounts required for maintenance shall constitute a city charge to be provided for in the annual budget and tax levy of said City of New York, and which contracts may provide for the maintenance of the libraries to be constructed on such sites as rapidly as the same may be obtained and library buildings are erected thereon; and WHEREAS, the said David A. Boody, Daniel W. McWiUiams, R. Ross Appleton, and John W. Devoy have been approved by said Andrew Carnegie, as provided in said act, and duly designated by him as his agents for the purpose of this agreement ; and WHEREAS, it is desired by the said party of the first part to avail of the offer of said Andrew Carnegie upon the terms provided in said act of the Legislature hereinabove referred to, and upon the terms and in the manner herein set forth. NOW, THEREFORE, IT IS AGREED between the said parties heretofore as follows, viz. : FIRST : The party of the first part shall proceed to acquire title by gift, purchase or by condem- nation, as pro\'ided in said Act hereinbefore referred to, to such sites as shall be necessary in the Borough of Brooklyn, for the purpose of the erection and maintenance thereon of free branch public libraries, on the approval in each case of the said parties of the second part, which sites so to be selected and approved shall not, unless by mutual consent, exceed in ntimber twenty in the said Borough of Brookljm, the proportion of said sixty-five libraries allotted to said Borough ; and the said Board of Estimate and Apportionment of the City of New York, by resolution adopted by the unanimous vote of said Board and approved by the unanimous vote of the Commissioners of the lOO Sinking Fund of the City of New York, and on the approval in each case of the parties of the second part, may authorize the use of any real estate belonging to said City of New York, which is not required for other pubHc purposes, for the purpose of such erection and maintenance. SECOND: The said parties of the second part shall, upon the acquisition of title to any site so approved as aforesaid, or upon the passage of resolutions as aforesaid by the unanimous vote of the members of the Board of Estimate and Apportionment, and of the said Commissioners of the Sinking Fund, authorizing the use of any real estate of the City of New York, not required for other public purposes, proceed with the erection and equipment of library buildings thereon, without cost to the City of New York, and shall complete the same with funds so to be contributed by Andrew Carnegie as aforesaid, provided, however, that the said parties of the second part shall not be required to, nor shall they, without the consent of the said Board of Estimate and Apportionment, commence the erection and equipment of a larger number than seven library buildings upon sites furnished by the City of New York in the Borough of Brooklyn, in any single calendar year under the provisions hereof, and not to exceed twenty branch library buildings in all in the Borough of Brooklyn. Such sites, and each of them, and the buildings thereon when completed shall be devoted to the mainte- nance of free branch public circulating libraries and reading rooms, and the same and each of the same are hereby set apart for use as free branch public libraries for circulation. THIRD: The parties of the second part agree forthwith upon the acquisition of any site by the City of New York when approved as hereinbefore provided; or when the use of any real estate belonging to the City of New York which is not required for any other public pvuposes, shall have been duly granted as aforesaid, when approved by the parties of the second part to proceed to erect upon the same respectively branch libraries for circulation, and to equip the same, the expense thereof to be paid from funds to be furnished by Andrew Carnegie, and without cost to the City of New York. FOURTH: The party of the first part further agrees adequately to provide through the Brooklyn PubUc Library as its administrative agent, or such other public agency as may be here- after provided by law, for the maintenance of the free public branch libraries to be erected pursuant to this agreement, and of traveling libraries, in said city, and to that end to provide in each year in the annual budget and tax levy of said city a sum not less than ten per centum of the amount expended by said Andrew Carnegie under the provisions of said Act, which sum shall be expended for the maintenance of the branch libraries to be hereafter constructed pursuant to this contract, which maintenance shall be provided for said libraries to be hereafter constructed as rapidly as the same are obtained; and in case a library building is under construction, maintenance may be pro- vided therefor, to commence when constructed; and pro\'ided further that the obligation hereby assumed by the party of the first part to provide for such maintenance a sum not less than ten per centum of the amount so expended by said Andrew Carnegie, shall not be taken to limit the right of said Board of Estimate and Apportionment to appropriate for such maintenance any larger sum if, in its discretion, additional appropriations should be required. FIFTH : IT IS FURTHER AGREED that the said several branch libraries which may be con- structed pursuant to the provisions of said Act, and each of them, shall be accessible at all reasonable hotirs and times, free of expense, to the persons resorting thereto, subject only to such reasonable control and regulation as the Brooklyn Public Library, its successors or successor, from time to time, may exercise and estabHsh for general convenience; pro\'ided, further, that the lending, delivery, and one or more reading rooms in each of said librarj^ buildings shall be open and ac- cessible to the public upon every day of the week except Sunday, but including all legal holidays, from at least nine o'clock a.m. to at least nine o'clock p.m., imder such rules and regulations as the said Brooklyn Public Library shall prescribe from time to time, and on Sundays such parts of any of such Ubraries may be opened in such manner and during such hours as may be from time to time determined upon by said Brooklyn PubUc Library, or its successor. SIXTH : The library building so to be constructed, together with the books contained therein, which shall be purchased with funds provided by said Andrew Carnegie, or by funds hereafter pro- vided by the City of New York, shall be and remain the property of the City of New York. All fines to be exacted from any person or persons shall be retained by the Brooklyn Public Library or its successor or successors, and applied to the business of circulation, and duly accounted for in its or their accounts. SEVENTH : The city shall annually, in addition to the provision for maintenance heretofore provided for, provide fxmds for the repair of the several buildings located upon sites owned by or lOI furnished by the city. The city, in addition, shall at all times furnish a supply of water, and, with the limitations already defined, the Brooklyn PubUc Library, or its successor, shall exercise direction and management over the affairs of the several library buildings, and the books, collections, and appurtenances. EIGHTH: IT IS FURTHER AGREED that this agreement may be wholly cancelled or annulled,. or from time to time altered or modified as to any one or more of the library buildings hereafter to be constructed or owned or for which maintenance is provided under the pro\dsions of this agreement, as may be agreed upon in writing betweent he parties hereto, subject to the approval of Andrew Carnegie. NINTH: In the event of the death of any of the parties of the second part before the com- pletion of the construction of the Public Library buildings provided for in this contract, the work of such construction and completion shall be carried on by the surviving parties of the second part. A majority of said parties of the second part shall have full power to give all the consents and make all the appraisals referred to in this instrument. The said parties of the second part shall be con- sidered solely as the agents of said Andrew Carnegie, and shall be subject to no personal liability to the party of the first part for the completion or non-completion of this contract. IN WITNESS WHEREOF, the party of the first part has caused this agreement to be executed by the Board of Estimate and Apportionment of the City of New York, pursuant to a resolution adopted at a meeting of said Board of Estimate and Apportionment held on the Uth day of Sep- tember, 1901, and the parties of the second part have hereunto set their hands and seals on the 1 1th day of September, 1901. I hereby approve the foregoing contract. Andrew Carnegie. Skibo Castle, August 28, 1901. Witness: J. S. Billings. (Signed) David A. Boody, " Daniel W. McWilliams, " R. Ross Appleton, " John W. Devoy. Signattires of Board of Estimate: Robert A. Van Wyck, Mayor. Bird S. Coler, Comptroller. John Whalen, Corporation Counsel. Randolph Guggenheimer, President of the Council. Thomas L. Feitner, President Department of Taxes and Assessments. Resolution offered by Comptroller to Board of Estimate and Apportionment on September 11, 1901, "Approves of the form, terms, and conditions of the proposed contract between the City "of New York and David A. Boody, Daniel W. McWilliams, R. Ross Appleton, and John W. Devoy, designed to carry into effect the offer of Andrew Carnegie of the City of New York to furnish the fimds necessary for the erection of buildings for free branch libraries for circulation in the City of New York, so far as said offer applies to the Borough of Brooklyn, etc., etc. " Adopted by the following vote: Affirmative — The Mayor, Comptroller, Acting Corporation Coimsel, President of the Council, and President of the Department of Taxes and Assessments. The above contract was then duly signed by the above. APPENDIX D Agreement Entered into Between The City of New York and the Representatives OF Andrew Carnegie for the Erection of Branch Libraries in the Borough of Queens, 1901. THIS AGREEMENT, made and concluded this Twenty-seventh day of September, in the year one thousand nine hundred and one, by and between The City of New York, by the Board of Estimate and Apportionment of said city, party of the first part and Walter G. Frey, Walter L. Bogert and Philip Frank, parties of the second part, witnesseth: 102 WHEREAS, Andrew Carnegie, of The City of New York, has heretofore offered to furnish the funds necessary for the erection and equipment of buildings for sixty-five free branch libraries for circulation in The City of New York, estimated in all to cost the sxmi of five million two hundred thousand dollars ($5,200,000), being an average cost of $80,000 each, provided The City of New York would furnish the necessary sites for such buildings and agree in satisfactory form to provide for the maintenance of said branches when completed; and WHEREAS, The said Andrew Carnegie has consented that the number of said free branch public Hbraries be increased to seventy instead of sixty-five, without, however, adding to the total cost of the whole thereof, and that the five additional free branch public libraries thus provided for be erected in the Borough of Queens in addition to the three already allotted to said Borough, said eight free branch public libraries however not to exceed in total cost of construction and equipment the sum of $240,000, and the cost of no one of said eight libraries to be less than $20,000 nor more than $80,000, and WHEREAS, by an Act of the Legislature of the State of New York, approved April 26th, 1901 , entitled "An Act to authorize and empower The City of New York to estabUsh and maintain a free public library system," being Chapter 580 of the Laws of 1901, the Board of Estimate and Apportionment of The City of New York is authorized in its discretion to acquire title by gift, condemnation or purchase to sites for free branch public libraries for circulation, with the approval of the person or corporation with whom the contract is made, for the erection of buildings thereon; and whereby such Board is further empowered upon the terms and conditions imposed in said act to authorize the use of any real estate belonging to The City of New York which is not required for other public purposes, for the maintenance and erection of said free public branches; and by which act the said Board of Estimate and Apportionment is fvirther authorized in its discretion to make and enter into contracts with said Andrew Carnegie, or with any person or persons designated by him or with his personal representative, or with any corporation or corporations approved by him or them having lawful authority to construct and maintain free libraries, for the erection and equip- ment, without cost to The City of New York, of library buildings upon such sites so to be acquired, or upon sites now possessed or which may hereafter be possessed by any corporation with which such contract is made, or by The City of New York, and which Board of Estimate and Apportionment is further authorized to provide in such contracts for the maintenance of a public library system in The City of New York, including therein the maintenance of any or all of the free public libraries now existing in said city which have heretofore been maintained in whole or in part by the public funds of said city, as well as for the maintenance of said branch libraries so to be erected as herein- before provided, and of travelling libraries which amoimts required for maintenance shall constitute a city charge to be provided for in the annual budget and tax levy of said The City of New York, and which contracts may provide for the maintenance of the libraries to be constructed on such sites as rapidly as the same may be obtained and library buildings are erected thereon, and WHEREAS, The said Walter G. Frey, Walter L. Bogert and Philip Frank have been approved by said Andrew Carnegie, as provided in said act, and duly designated by him as his agents for the purposes of this agreement, and WHEREAS, It is desired by the said party of the first part to avail of the offer of said Andrew Carnegie upon the terms provided in said act of the Legislature hereinabove referred to, and upon the terms and in the manner herein set forth. NOW, THEREFORE, IT IS AGREED between the said parties hereto as follows, viz.: FIRST: The party of the first part shall proceed to acquire title by gift, purchase or by con- demnation as provided in said act hereinbefore referred to, to such sites as shall be necessary in the Borough of Queens, for the ptu-pose of the erection and maintenance thereon of free branch public libraries, on the approval in each case of the said parties of the second part which sites so to be selected and approved shall not, unless by mutual consent, exceed in number eight in the said Borough of Queens, and which said eight free branch public libraries to be thereon erected and maintained, shall not exceed in total cost of construction and equipment the sum of $240,000, the proportion of said sum of $5,200,000 allotted to said Borough ; and the said Board of Estimate and Apportionment of The City of New York, by resolution adopted by the unanimous vote of the Commissioners of the Sinking Ftmd of the City of New York, and on the approval in each case of the said parties of the second part, may aut'horize the use of any real estate belonging to said The City of New York, which is not reqviired for other public purposes, for the purpose of such erection and maintenance. I03 SECOND: The said parties of the second part shall upon the acquisition of title to any site so approved as aforesaid, or upon the passage of resolutions as aforesaid by the unanimous vote of the members of the Board of Estimate and Apportionment and of the said Commissioners of the Sinking Fund authorizing the use of any real estate of The City of New York, not required for other public purposes, proceed with the erection and equipment of library buildings thereon, with- out cost to The City of New York, and shall complete the same with the funds so to be contributed by said Andrew Carnegie as aforesaid. Such sites and each of them and the buildings thereon, when completed, shall be devoted to the maintenance of free branch public circulating libraries and reading rooms, and the same and each of the same are hereby set apart for use as free branch public libraries for circulation. THIRD: The party of the first part further agrees to adequately provide through The Queens Borough Library as its administrative agent or such other public agency as may be here- after provided by law, for the maintenance of the free public branch libraries to be erected pursuant to this agreement, and of travelling libraries in said city, and to that end to provide in each year in the annual budget and tax levy of said city a stun not less than ten per centum of the amoimt expended by said Andrew Carnegie under the provisions of said act, which said sum shall be ex- pended for the maintenance of the branch libraries to be hereafter constructed pursuant to this contract, which maintenance shall be provided for said libraries to be hereafter constructed as rapidly as the same are obtained; and in case a library building is imder construction, maintenance may be provided therefor, to commence when constructed; and provided fiuther that the obliga- tion hereby assimied by the party of the first part to provide for such maintenance a sum not less than ten per centum of the amount so expended by said Andrew Carnegie, shall not be taken to limit the right of said Board of Estimate and Apportionment to appropriate for such maintenance any larger sum, if in its discretion additional appropriations should be required. FOURTH: IT IS FURTHER AGREED, that the said several branch libraries which may be constructed pursuant to the provisions of said act, and each of them, shall be accessible at all reasonable hours and times, free of expense, to the persons resorting thereto, subject only to such reasonable control and regvdation as The Queens Borough Library, its successor or successors, from time to time may exercise and establish for general convenience; provided further that the lending, delivery and one or more reading-rooms in each of said library buildings shall be open and accessible to the public upon every day of the week except Sunday, but including all legal holidays, from at least nine o'clock a. m. to at least nine o'clock p. u., tmder such rules and regulations as the said Queens Borough Library shall prescribe from time to time, and on Sundays such parts of any of such libraries may be opened in such manner and during such hours as may be from time to time determined upon by said Queens Borough Library or its successor. FIFTH : The library- buildings so to be constructed, together with the books contained therein which shall be purchased with fimds provided by said Andrew Carnegie or by funds hereafter provided by The City of New York, shall be and remain the property of The City of New York. All fines to be exacted from any person or persons shall be retained by The Queens Borough Li- brary or its successor or successors and applied to the business of circulation and duly accounted for in its or their accotmts. SIXTH: The city shall annually, in addition to the provision for maintenance heretofore provided for, provide funds for the repair of the several buildings located upon sites owned by or furnished by the city. The city, in addition, shall at all times furnish a supply of water, and with the limitations already defined The Queens Borough Library or its successor oi successors shall exercise direction and management over the affairs of the several library buildings, and the books, collections and appurtenances. SEVENTH : IT IS FURTHER AGREED that this agreement may be wholly cancelled or annulled, or from time to time altered or modified as to any one or more of the library buildings hereafter to be constructed or owned or for which maintenance is provided under the provisions of this agreement, as may be agreed upon in writing between the parties hereto, subject to the approval of said ANDREW CARNEGIE. EIGHTH: In the event of the death of any of the parties of the second part before the completion of the construction of the public library buildings provided for in this contract, the work of such construction and completion shall be carried on by the surviving parties of the second part. A majority of said parties of the second part shall have full power to give all the consents and make all the approvals referred to in this agreement. The said parties of the second part 104 shall be considered solely as the agents of said Andrew Carnegie and shall be subject to no per- sonal liability to the party of the first part for the completion or non-completion of this agreement. IN WITNESS WHEREOF, the party of the first part has caused this agreement to be exe- cuted by the Board of Estimate and Apportiorraient of The City of New York pursuant to a reso- lution adopted at a meeting of said Board of Estimate and Apportioiunent held on the eleventh day of September, 1901, and the parties of the second part have hereimto set their hands and seals on the twenty-seventh day of September, 1901. (Signed) Robt. A. Van Wyck, Mayor Bird S. Coler, Comptroller Randolph Guggenheimer, President of the Council John Whalen, Corporation Counsel Charles L. Feitner, President of the Department of Taxes and Assessments Walter G. Frey, (Seal) Walter L. Bogert, (Seal) Philip Frank. (Seal) This proposed contract is heartily approved: . (Signed) Andrew Carnegie, Skibo Castle, August 28th, 1901. Witness: J. S. Billings. Original filed in the office of the Comptroller of The City of New York. APPENDIX E Supplemental Agreement Entered Into Between The City of New York and The New York Public Library, Astor, Lenox and Tilden Foundations, Increasing the Number of Branch Libraries to be Erected in the Boroughs of Manhattan, The Bronx and Rich- mond from Forty-two to Fifty, 1902. THIS AGREEMENT, made and concluded the 26th day of March, in the year one thousand nine hundred and two, by and between THE CITY OF NEW YORK, by the Board of Estimate and Apportionment of said city, party of the first part, and THE NEW YORK PUBLIC LIBRARY, ASTOR, LENOX AND TILDEN FOUNDATIONS, party of the second part, Witnesseth: WHEREAS, an agreement was heretofore made and concluded between the parties hereto, bearing date of July seventeenth, in the year one thousand nine himdred and one, in relation to the offer of Andrew Carnegie to furnish the funds necessary for the erection of buildings for sixty- five free branch libraries for circulation in the City of New York, estimated in all to cost the sum of five million two hundred thousand dollars ($5,200,000) being an average cost of $80,000 each, provided The City of New York would fiuTiish the necessary sites for such buildings and agree to provide for the maintenance of such branches when completed, and which said agreement was made by and between the said parties hereto in pursuance of the provisions of an Act of the Legis- lature of the State of New York, approved April 26, 1901, entitled "An Act to authorize and em- f)ower the city of New York to establish and maintain a free public library system," being Chapter 580 of the Laws of 1901, and by which said agreement it was agreed between the said parties hereto, among other things, by the First Article of the said agreement, that the party of the first part hereto shall proceed to acquire title by gift, purchase, or by condemnation, as provided in said Act, to such sites as shall be necessary in the Boroughs of Manhattan, The Bronx, and Richmond, for the piirpose of the erection and maintenance thereon of free branch public libraries, on the approval in each case of the said The New York Public Librar>', Astor, Lenox and Tilden Founda- tions, which sites so to be selected and approved shall not, tmless by mutual consent, exceed in 105 number forty-two in the said Boroughs of Manhattan, The Bronx and Richmond, the proportion of said sixty-five libraries allotted to said Boroughs; and WHEREAS, the parties hereto believe that, in view of the sparsely settled condition of certain parts of the said Borough of Manhattan, The Bronx and Richmond, it would be of great benefit to the public that some of the free branch libraries to be erected in those Boroughs should be small buildings costing considerably less than $80,000 each for their erection and equipment, and that the number of sites which may be selected and approved as aforesaid for free branch libraries in the said Boroughs should therefore be increased from forty-two to fifty, it being imderstood, how- ever, that in such event the aggregate sum to be furnished by the said Andrew Carnegie for the erec- tion and equipment of the said fifty free branch libraries in the said Boroughs shall not exceed the simi contemplated in and by the said agreement of July seventeenth, 1901, to be expended for the erection and equipment of free branch libraries upon forty -two sites; and WHEREAS, the parties hereto, for the piuposes aforesaid, have agreed by mutual consent that the number of sites which may be selected and approved for free branch libraries in the said Boroughs of Manhattan, The Bronx and Richmond may be increased in number from forty-two to not exceeding fifty as aforesaid, and the said increase has been approved by the said Andrew Carnegie; NOW, THEREFORE, IT IS MUTUALLY CONSENTED AND AGREED by and between the said parties hereto as follows, namely : That the said Contract of July 17th, 1901, is hereby amended so as to permit the selection of not to exceed fifty sites in the Boroughs of Manhattan, The Bronx and Richmond, instead of forty-two as therein recited, provided that the aggregate cost of the erection and equipment of free branch libraries upon all of the said fifty sites in the said Boroughs of Manhattan, The Bronx and Richmond shall not exceed the sum contemplated in and by the said agreement of July 17th, 1901, to be expended for the erection and equipment of free branch Hbraries upon forty-two sites. IN WITNESS WHEREOF, the party of the first part has caused this agreement to be executed by the Board of Estimate and Apportionment pursuant to a resolution adopted at a meeting held on the 25th day of March, 1902, and the party of the second part has caused this agreement to be executed by its President and its official seal to be hereto ciffixed pursuant to a resolution of the Trustees of The New York Public Library, Astor, Lenox and Tilden Foundations, adopted at a meeting held on the 12th day of March, 1902. (Signed) Seth Low, Mayor Edward M. Grout, Comptroller. C. V. FORNES, President of the Board of Aldermen. Jacob A. Cantor, President of the Borough Manhattan. J. Edw. Swanstrom, President of the Borough of Brooklyn Louis F. Haffen, President of the Borough of the Bronx. Jos. Cassidy, President of the Borough of Queens. George Cromwell, President of the Borough of Richmond. THE NEW YORK PUBLIC LIBRARY, ASTOR, LENOX AND TILDEN FOUNDATIONS: By John Bigelow, President. (Corporate Seal.) Attest: Charles Howland Russell, . Secretary. Approved, Andrew Carnegie, New York, March 12, 1902. io6 APPENDIX F Laws of 1902 Chapter 606. AN ACT to incorporate the Brooklyn Public Library and to permit libraries in the borough of Brooklyn of the City of New York to convey their property thereto, and limiting and defining the powers thereof. Accepted by the City Became a law, April 15, 1902, with the approval of the Governor. Passed, three-fifths being present. As ammended Laws of 1903. Chapter 500. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. The following named persons, to wit: The mayor, comptroller, and president of the borough of Brooklyn, of the City of New York, by virtue of their offices, together with twenty- two additional persons, eleven to be appointed by the mayor of the City of New York from the trustees of the corporation of the Brooklyn Library, in the borough of Brooklyn, in said city, and eleven to be appointed in like manner from the directors of the Brooklyn Public Library, in the said Borough of Brooklyn are hereby constituted a body politic and corporate tmder and by the name of "the Brooklyn Public Library, " for the purpose of constructing and maintaining libraries and a free public library system in the Borough of Brooklyn of the City of New York. The said corporation shall have and exercise all the powers now possessed by membership and library corporations under the general laws of the State of New York and such other laws of this state as may at any time be applicable thereto and may by its by-laws fix and determine a quorum of its membership for the transaction of business. It shall be capable of taking and holding for its uses and purposes, by pur- chase, gift, grant or devise, any property and estate, both real and personal, without limit as to the value and amount thereof. Section 2: Upon the designation and appointment of members of the said corporation by the mayor of the City of New York, as above provided, the said corporation shall organize by the adoption of by-laws and the election of officers, and it shall proceed to divide the membership thereof other than the city officials who are members ex-officio, by lot into five classes as nearly equal as may be. The term of office of the first of said classes shall expire one year from and after the date fiixed by the by-laws of said corporation for its annual meeting in the year nineteen hundred and three; the term of office of the second of said classes shall expire two years from said date; the term of office of the third of said classes shall expire three years from said date ; the term of office of the fourth of said classes shall expire four years from said date, and the term of office of the fifth of said classes shall expire five years from said date. Beginning with the annual meeting in nineteen hun- dred and three the term of office for which a member shall be appointed or elected shall not exceed three years, but any member shall be eligible for re-appointment or re-election. Vacancies occurring in cases of those originally appointed pursuant to section one of this act, from the directors of the Brooklyn Public Library and of their successors, shall be filled by appointment by the mayor of the City of New York on such date as may be fixed by the by-laws for the annual meeting or within thirty days thereafter, or in cases of such vacancies existing otherwise than by expiration of a term, within thirty days after their occurrence. Membership in this corporation shall not operate to vacate any non-salaried city office. In case of vacancies occurring otherwise than by the expiration of a term, such vacancies shall be filled for the unexpired term. Vacancies occurring in cases of members originally appointed pursuant to section one of this act, from the trustees of the corporation of the Brooklyn library, and in cases of their successors, shall, until January first, nineteen hundred and twenty-nine, be filled by election by the remaining members so originally appointed and their successors, who shall separately convene for such purpose, a majority being a quorum, at such date as may be fixed by the by-laws for the annual meeting, or within thirty days thereafter, or for the purpose of filling a vacancy existing otherwise than by expiration of a term within thirty days after its occurrence. After January first, nineteen hundred and twenty-nine, such vacancies shall be filled by appointment of the mayor unless otherwise provided by the legislature. The said corporation shall make and publish an annual report in detail of its proceedings and transactions for each year, including a full and detailed statement of its revenues and expenses, and it shall furnish copies thereof to the Board of Estimate and Apportionment of the City of New York. Section 3 : The said corporation is hereby declared to be a corporation with which the City of New York may contract for the construction and maintenance of free libraries within the meaning of chapter five hundred and eighty of the laws of nineteen himdred and one, and the said corporation may, with the consent of Andrew Carnegie, or of his legal representatives and of the persons hereto- fore designated by him as his personal representatives for the construction of free libraries in the said borough of Brooklyn of the City of New York, and with the consent of the Board of Estimate and Apportionment of the City of New York, be substituted in any contract heretofore made be- tween the said personal representatives of said Andrew Carnegie and the said City of New York for the construction of public libraries, as successor to and in place of the persons named in such con- tract as personal representatives of said Andrew Carnegie to contract with said city; and thereupon the said corporation shall succeed to and possess all powers and be subject to all responsibilities theretofore appertaining to the said designated representative of Andrew Carnegie, under and by virtue of any such contract. Section 4: The Board of Estimate and Apportionment of the said City of New York is further authorized and empowered to contract with the said corporation for the maintenance of the free public library system in the Borough of Brooklyn of said city, including therein the maintenance of all free public libraries now existing in said borough which are now maintained in whole or in part by the public fimds of the city. The amounts required for slich maintenance shall constitute a city charge, to be provided for in the annual budget and tax levy of said city. The said City of New York is further authorized and empowered to transfer and convey to the said corporation, to be held and used by it for free public library purposes in the said Borough of Brooklyn, all books, furniture, and other property owned and held by the said City of New York in the several free pubUc libraries now maintained by it and administered by the Board of Directors of the Brooklyn Public Library. Section 5: In the event of the execution of a contract between the City of New York and the corporation hereby created for the control and direction of the free library system in the Borough of Brooklyn, any sum or sums of money, or the imexpended portion thereof, appropriated prior to the passage of this act by the Board of Estimate and Apportionment of the said City of New York for the maintenance and support for the year nineteen hundred and two of free public libraries in the said Borough of Brooklyn of said city, which libraries are now or have heretofore been administered by the said Board of Directors of the Brooklyn Public Library in said city, are hereby declared to be applicable to the support of the free public library system to be controlled and directed by the cor- poration hereby created. The entire amount of any annual appropriation made by the Board of Estimate and Apportionment of the said City of New York for the conduct and maintenance of free public libraries in the Borough of Brooklyn shall be disbursed and paid over from time to time to the corporation hereby created, by the comptroller of the said City of New York, upon submission to him of proper vouchers, in form to be approved by the said comptroller, for obligations inciured or moneys expended for the uses and purposes of the said free library system, such as the corpora- tion hereby created is authorized by law to inctu- or expend. Section 6: Upon the completion of the organization of the said corporation hereby created, by the appointment of its membership and the election of its officers, and upon the making and execution of a contract by the Board of Estimate and Apportionment of the City of New York with the said corporation, for the direction and maintenance by it of the free public libraries of the Borough of Brooklyn aforesaid, the powers and duties heretofore exercised by the Board of Directors of the Brooklyn Public Library as constituted by chaptei four hvmdred and forty-one of the laws of eighteen hundred and ninety-two and by chapter four hundred and ninety-seven of the laws of eighteen hundred and ninety-seven, and by any other acts amendatory or supplemental thereto, together with the officers of the said directors, shall cease and determine. All power and authority io8 heretofore given by said acts to the said Board of Directors of the Brooklyn Public Library shall thereafter vest in the corporation hereby created. All acts authorized by the said City of Brooklyn or by the City of New York as successor thereto, in respect to the issuance of public library bonds of the City of Brooklyn for purposes specified in said acts of eighteen hundred and ninety-two and of eighteen hundred and ninety-seven, are hereby continued and confirmed in the City of New York, for the purposes of the public Hbrary system of said Borough of Brooklyn, as conducted by the cor- poration hereby created. Section 7 : Any corporation now or hereafter organized under the laws of the State of New York, whether incorporated by general or special act, or by the regents of the university of the State of New York, or otherwise, and maintaining or carrying on a library in the Borough of Brook- lyn, is hereby authorized and empowered to grant, convey, assign, and transfer any or all the real and personal property of which it may be seized or possessed, to the corporation hereby created, upon such terms, conditions or limitations as may be agreed upon between the two corporations. Section 8: Upon the transfer and conveyance by any corporation maintaining or carrying on a hbrary in the Borough of Brooklyn of its entire property and estate to the corporation hereby created as hereinbefore provided, and upon the making and filing in the office of the clerk of the Cotmty of Kings of a certificate signed by a majority of the directors or trustees of such corporation and sworn to by the president or vice-president and secretary thereof setting forth the facts of such transfer and conveyance, a copy of which certificate shall be filed in the office of the secretary of state of the State of New York and, in the case of a corporation created by act of the regents of the university of the State of New York, in the office of the said regents of the university, such corporation so transferring its entire property and estate shall be dissolved and its corporate existence terminated. Section 9: This act shall take effect immediately. APPENDIX G Agreement Entered into Between The City of New York and the Brooklyn Public Library, Providing that the Obligations of the Representatives of Andrew Carnegie BE Transferred to The Brooklyn Public Library, and Further that the City Pay Such Sums Toward the Maintenance of The Brooklyn Public Library as Were Agreed Upon in THE 1901 Carnegie Agreement Together with Such Additional Sums as are Necessary FOR THE Proper Maintenance of Libraries Previously under the Administration of The Brooklyn Public Library, 1903. This Agreement, made and concluded this 5th day of June in the year one thousand nine hvmdred and three, by and between the City of New York, by the Board of Estimate and Appor- tionment of said city, party of the first part, and The Brooklyn Public Library, a corporation organized under the act. Chapter 606 of the Laws of 1902, party of the second part, witnesseth: WHEREAS, The corporation known as the Brooklyn Library, existing under special act of the Legislature, as amended and revised by Chapter 347 of the Laws of 1900, actuated by a desire to promote the public welfare and to make its library property a part of the free public library system of the Borough of Brooklyn and of the City of New York, heretofore proposed to the municipal authorities of said city, that in the event of the incorporation of the Brooklyn Public Library and of a contract ^^nth the city for maintenance thereof, pursuant to the provisions of chapter 606 of the Laws of 1902, as amended by chapter 500 of the Laws of 1903, the said Brooklyn Library woidd transfer and convey to said corporation last named its library property upon certain conditions, which should assure the fulfillment of various trust obligations which it had come under and of certain special privileges acquired by certain donors and members ; and WHEREAS, The real estate of said Brooklyn Library on Montague and Pierrepont streets, in the Borough of Brooklyn, is estimated to be fairly worth the sum of five hundred thousand ($500,000) dollars, and its collection of books, with the arrangement and cataloguing thereof, is estimated to be fairly worth the sum of three hundred and fifty thousand ($350,000) dollars, and 109 WHEREAS, With a view to protecting its light and to provide for growth and expansion, said Brooklyn Library has secured title to certain real estate on Pierrepont street and Montague street, adjacent to its library building proper, all of which property is subject to certain mortgages of not exceeding one hundred and sixty-five thousand ($165,000) dollars, which property is now in part rented to tenants, but the most or all of which is likely to be required for actual hbrary uses in carrying out this contract; and WHEREAS, The said Brooklyn Library proposes to execute a conveyance to said Brooklyn Public Library in pursuance of its said proposition upon certain conditions therein recited, to which reference is hereby made as if said conveyance was herein fully set forth; and WHEREAS, Said Brooklyn Public Library is declared by Section 3 of said act. Chapter 606 of the Laws of 1902, to be a corporation with which the City of New York may contract for. the con- struction and maintenance of free libraries within the meaning of Chapter 580 of the Laws of 1901 upon the conditions therein set forth ; and WHEREAS, It is fiirther provided by Section 4 of said act. Chapter 606 of the Laws of 1902, that the Board of Estimate and Apportionment of said City of New York is authorized and empow- ered to contract with the said Brooklyn Public Library for the maintenance of the free public library system in the Borough of Brooklyn of said city, including therein the maintenance of all free public libraries now existing in said Borough which at the passage of said act were maintained in whole or in part by the public funds of the city; and WHEREAS, It is deemed to be for the best interests of the public, that the powers given by said Act, Chapter 606 of the Laws of 1902, as amended by Chapter 500 of the Laws of 1903, be availed of and that the public thereby get the benefits of the use of said Library property of said Brooklyn Library. NOW THEREFORE, in consideration of the premises and of the mutual covenants herein, it is agreed between the said parties as follows: First: In the event that Andrew Carnegie, and that David A. Boody, Daniel W. McWilliams, R. Ross Appleton and John W. Devoy, the personal representatives of the said Andrew Carnegie, who on his behalf became parties to an agreement heretofore entered into with the Board of Estimate and Apportionment of the City of New York and dated September 11, 1901, upon the footing of an act of the Legislature, Chapter 580 of the Laws of 1901, consent thereto, said Brooklyn Public Library agrees to perform all the obligations of the said personal representatives of said Andrew Carnegie as their successors imder said agreement, and to carry out and perform any and all contracts entered into by said parties imder said agreement of September 11, 1901. Second: The said Brooklyn Public Library agrees to administer the free public libraries now existing in the Borough of Brooklyn and upon the completion of the public branch Hbraries to be erected pursuant to said agreement of September 11, 1901, it agrees to administer the same and to apply to their maintenance the svmis to be appropriated therefore by the City of New York, pur- suant to the provisions of said agreement and of said Act, Chapter 580 of the Laws of 1901, and it agrees to so administer and maintain the said Hbraries that they shall be accessible at all reasonable hours and times, including reasonable hours on Sundays and holidays, free of expense to the persons resorting thereto for reference and for taking out books, subject to such reasonable control and regulations as the Brooklyn PubUc Library, party of the second part, may from time to time estab- lish for general convenience. And such free use being subject to such reasonable fines and penalties as may be imposed by said Brooklyn Pubhc Library for violation of its rules and regiilations. Third: The said Brooklj^n Public Library, party of the second part, further agrees that it will administer the Library property acquired from said Brooklyn Library, and any other librar>' properties acquired by it, as part of said free library system, subject to such limitations, if any, as may be compelled by the observance of the conditions in said deed of the Brooklyn Library to said Brooklyn Public Library above mentioned, and to the conditions imposed by any deeds or bequests of the properties acquired; it being, however, agreed and understood that the said BrookljTi Public Library in its administration shall be empowered in the exercise of its judgment and in its discretion to determine what books shall be purchased, and what books shall be the subject of circulation, and what books shall be available for reference only, and what building or bviildings, including the real estate hereafter acquired by lease or piu-chase shall be specially set apart as a reference library or reference libraries. izo And it being agreed and understood that the said reference libraries shall be open upon such days and at such hours and under such regulations as the Brooklyn Public Library may prescribe. Fourth: The city, the party of the first part, hereby agrees that, in addition to the amount it is obligated to pay and appropriate under the agreement of September 11 , 1 901 , above referred to and pursuant to the provisions of the Act, Chapter 580 of the Laws of 1901, it will appropriate and pay for the maintenance and support of said Brooklyn Public Library such sums as may be requisite for the proper maintenance of the libraries heretofore under the administration of the Board of Directors of the Brooklyn Public Library, and of the corporation "The Brooklyn Library," above mentioned such amounts to constitute a city charge, and to be provided for in the annual budget and tax levy of the city. It is, however, agreed and understood, as provided in Section 5 of Chapter 006, of the Laws of 1902, that the entire amount of the annual appropriation made by the Board of Estimate and Apportionment of the City of New York for the conduct and maintenance of free public libraries in the Borough of Brooklyn, shall be disbursed and paid from time to time by the Comptroller, upon submission to him of proper vouchers, in form to be approved by him, for obliga- tions incurred or moneys expended for the use and purposes of the said free libiary system. Fifth : Upon the execution of this contract, the free public libraries of the Borough of Brooklyn heretofore existing and heretofore administered by the Board known as the Directors of the Brooklyn Public Library, shall, as to their maintenance and administration, be and they hereby are devolved upon the said Brooklyn Public Library. And the said corporation, party of the second part, shall receive for the piupose of such maintenance and administration any unexpended balances of moneys heretofore appropriated for the Brooklyn Public Library. Sixth: It is, however, agreed and understood that the title of library property in said Borough of Brooklyn heretofore vested in the city as part of said free library system shall remain in said city, and all books and other personal property hereafter purchased by said Brooklyn Public Library out of moneys appropriated by said City for the maintenance of said free Ubrary system shall be and remain the property of the City, and shall be so marked or identified and designated. THE BROOKLYN PUBLIC LIBRARY, party of the second part, agrees that it will not pay any salaries or compensation to any of the members of its corporate board, or to any corporate officers who are members of said board, all of whom are to render their services without compensation. It further agrees that it will not pay any salaries or wages except for services rendered in the adminis- tration of said library system and incident to the care and protection of its property. For the pur- poses of this agreement, however, it is understood that any taxes and assessments upon any of the prop>erty of said Brooklyn Public Library, insurance charges, interest upon mortgages above recited and reasonable cost of repairs are to be regarded as part of the cost of maintenance of the said free library system. It is also vtnderstood and agreed that the said Brooklyn Public Library may dispose of mutilated and worn out books, papers and pamphlets, and of duplicates and other books not needed. But it will apply any and all moneys received therefor to the purchase of other books, papers and pamphlets to be used in said free library system, and it will account therefor to the Comptroller of the city. All books purchased by said Brooklyn Public Library, party of the second part, from the proceeds of property transferred to it by the Brooklyn Library or by other individuals or corporations, are to be the property of said Brooklyn Public Library, but are to be devoted to the free use of the public as above provided, for reference and circulation, subject to the reasonable rules and regulations of said Brooklyn Public Library and subject to the conditions of any grants or bequests. Seventh: It is further understood that this agreement may be from time to time altered or modified as may be agreed upon in writing between the parties hereto; provided, however, that such alteration or modification shall be assented to by a vote of three-quarters in number of the full Board of the said Brooklyn Public Library, and that in so far as the said Brooklyn Public Library, party of the second part, may be made the successor of the said personal representatives of Andrew Carnegie, in the agreement dated September 11, 1901, this agreement is subject to such changes and modifications as it is provided in said agreement may be made between the parties thereto, subject to the approval of said Andrew Carnegie. IN WITNESS WHEREOF, the party of the first part has caused this agreement to be executed by the Board of Estimate and Apportionment of The City of New York, pursuant to a resolution adopted at a meeting of said Board of Estimate and Apportionment, held on the fifth day of June, 1903, and the party of the second part has hereunto caused its seal to be affixed and the execution thereof attested by its officers, the 5th day of June, 1903, City of New York, by the Board of Estimate and Apportionment. (Signed) Seth Low, Mayor. Edward M. Grout, Comptroller. James H. McInnes, A ding Pres. of the Board of A Idermen. Jacob A. Cantor, Pres. of the Borough of Manhattan. J. Edward Swanstrom, Pres. of the Borough of Brooklyn. Louis E. Haffen, Pres. of the Borough of The Bronx. Pres. of the Borough of Richmond. Jos. Cassidy, Pres. of the Borough of Queens. David A. Boody, Pres. of the Brooklyn Public Library. (Seal.) Attest: Harrington Putnam, Acting Secretary. This contract is approved as to form. G. L. Rives, Corporation Counsel. Agreement between The City of New York, through the Board of Estimate and Apportion- ment, and The Brooklyn Public Library. June 11th, the contract was signed by the Mayor and Comptroller, witnessed by Frank P. Hill, Librarian. June 12th, the signatures of James H. McInnes, Acting President of the Board of Aldermen, Jacob A. Cantor, President of the Borough of Manhattan, J. Edward Swanstrom. President of the Borough of Brooklyn, Louis P. Haffen, President of the Borough of The Bronx, Josejjh Cassidy, President of the Borough of Queens, were obtained, witnessed by Frank P. Hill, Librarian. On the same date the signature of David A. Boody, President of The Brooklyn Public Library, was obtained, and the seal was affixed on the same date. Sworn to before me, this 12th day of June, 1903. (Signed) William A. Bardwell. (Signed) Frank P. Hill, Librarian. 112 APPENDIX H AN ACT TO Amend Chapter Five Hundred and Eighty of the Laws of Nineteen Hundred and One, Entitled "An Act to Authorize and Empower The City of New York TO Establish and Maintain a Free Public Library System," in Relation to Contracts with the Trustees of Certain Public Libraries in The City of New York. Passed 22 April, 1905. Laws of 1905. Chapter 296. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section L Section two of chapter five hundred and eighty of the laws of nineteen hundred and one, entitled "An act to authorize and empower the city of New York to establish and main- tain a free public library system," is hereby amended to read as follows: Section IL The board of estimate and apportionment of the city of New York is hereby authorized in its discretion to make and enter into contracts with the said Andrew Carnegie or with any person or persons designated by him or with his personal representatives, or with any corporation or corporations approved by him or them having lawful authority to construct and maintain free libraries, which contracts may provide for the erection and equipment, without cost to the city of New York, of library buildings upon the sites so acqviired, or upon other sites now possessed or which may be possessed by such corporation or by the city of New York. Every such contract with the said corporation shall provide for the use and occupation of the buildings thereafter erected, in compliance with the terms of such contract by the corporation by which such contract is made, and for the establishment and maintenance in each of them of a free branch public drcxilating library and reading room, and every such contract may provide that such use and occupation shall continue so long as the said corporation with which it is made shall main- tain such free branch public libraries and reading rooms upon the said sites respectively. The said board of estimate and apportionment is hereby further authorized and empowered in its dis- cretion to make and enter into contracts with the trustees of the New York Public Library, the Brooklyn Public Library, and the Queens Borough Library, respectively, obligating the city of New York at its own expense to make good any damage to the library buildings that may be erected pursuant to this act or to their contents by fire or otherwise; and it shall be the duty of the said board of estimate and apportionment to cause to be made at the expense of the city of New York such repairs or restorations as may be reasonably necessary from time to time in order to keep the said library bxiildings in proper condition; and it shall be the duty of the said board of estimate and apportionment to provide at the expense of the city of New York the original stock of books for any library building so erected where no stock of books exists. Section II. Section four of said chapter is hereby amended to read as follows : Section IV. For the purpose of carrying out the provisions of this act and for paying the expenses of the acquisition of the sites and. conducting the proceedings for the condemnation thereof, it shall be the duty of the comptroller of the city of New York on being thereunto authorized by the said board of estimate and apportionment, to issue and sell the corporate stock of the city of New York in such amoimts as may be necessary, and at such a rate of interest as may be fixed by said comptroller. No consent or approval of the municipal assembly nor of any board other than the said board of estimate and apportionment shall be necessary to authorize the comptroller to issue such stock for the purposes of this act. Corporate stock of the city of New York shall also be issued in similar manner whenever necessary in order to provide the means with which to make good damages to the library buildings or their contents caused by fire or otherwise; or in order to provide the means for repairs to or restorations of the said library buildings when authorized pursuant to the provisions of section two of this act; or in order to provide the original stock of books for any library building erected piu-suant to this act. Section III. This act shall take effect immediatdy. "3 APPENDIX I Agreement Entered into Between The City of New York and The New York Public Library, Astor, Lenox and Tilden Foundations, Providing that the City Should Make Good Any Damage to Library Buildings and Make Necessary Repairs and Provide Original Stock of Books, 1905. AGREEMENT WITH THE CITY OF NEW YORK Dated 1 May, 1906. Accepted By the City 7 July, 1905. THIS AGREEMENT, made and concluded the first day of May, in the year one thousand nine hundred and five, by and between The City of New York, by the Board of Estimate and Appor- tionment of said city, party of the first part, and The New York Public Library, Astor, Lenox and Tilden Foundations, party of the second part, WITNESSETH: WHEREAS, agreements were heretofore made and concluded between the parties hereto, bearing date of July seventeenth, in the year one thousand nine hundred and one, and of March twenty-sixth, in the year one thousand nine hvmdred and two, in relation to the offer of Andrew Carnegie to furnish the funds necessary for the erection of buildings for free branch libraries for circulation in the City of New York, provided the City of New York would furnish the necessary sites for such buildings and agree to provide for the maintenance of such branches when completed, which said agreements were made by and between the said parties hereto in pursuance of the provi- sions of an Act of the Legislature of the State of New York, approved April 26, 1901 , entitled "An Act to authorize and empower the City of New York to establish and maintain a free public library system, " being Chapter 580 of the Laws of 1901 , under which a number of sites have been provided and buildings erected thereon with funds provided by said Andrew Carnegie ; and WHEREAS such Act last above mentioned was amended by Chapter 290 of the Laws of 1905 entitled "An Act to amend Chapter 580 of the Laws of 1901, entitled 'An Act to authorize and empower the City of New York to establish and maintain a free public library system,' in relation to contracts with the trustees of certain public libraries in the City of New York, " by which amended Act authority was given to the City of New York, acting by the Board of Estimate and Apportion- ment, to contract to make good any damage to said library buildings or their contents, and by which it was made the duty of the City of New York to repair or restore the same and to provide, at its own expense, the original stock of books for any library building so erected where no stock of books exists; NOW, THEREFORE, IT IS MUTUALLY CONSENTED AND AGREED by between the said parties hereto as follows, namely: that the said contract between the parties hereto bearing date July 17, 1901, as amended by such further contract bearing date March 26, 1902, be further amended hereby; and the City of New York, acting by the said Board of Estimate and Apportion- ment, hereby agrees, at its own expense, from time to time to make good any damage to any library building erected pursuant to the contracts aforesaid, or either of them, with funds supplied by Andrew Carnegie, or to the books, fixtures or contents thereof, by fire or otherwise; and hereby further agrees to cause to be made, at the expense of the City of New York, such repairs or restora- tions as may be reasonably necessary from time to time to keep the said Ubrary buildings so erected and to be erected, and each of them, and the books, fixtures and contents thereof, in proper condi- tion; and the said City of New York further agrees to provide from time to time, at the expense of the City of New York, the original stock of books for any library- building so erected under said contracts as aforesaid, or either of them, with funds supplied by Andrew Carnegie, where no stock of books exists. IN WITNESS WHEREOF, the party of the first part has caused this agreement to be executed by the Board of Estimate and Apportionment, pursuant to a resolution adopted at a meeting held on the day of ., 1905;* and the party of the second part has caused this agreement to * The resolution of the Board of Estimate and Apportionment referred to was adopted July 7th, 1905. "4 be executed by its President and its official seal to be hereto affixed, piirsuant to a resolution of the Trustees of the New York Public Library, Astor, Lenox and Tilden Foundations, adopted at a meet- ing held on the 12th day of March, 1905. George B. McClellan, Mayor Edward M. Grout, Comptroller C. V. Fornes, President of the Board of Aldermen John F. Ahearn, President of the Borough of Manhattan Martin W. Littleton, President of the Borough of Brooklyn Loots F. Haffen, President of the Borough of The Bronx Joseph Cassidy, President of the Borough of Queens George Cromwell, President of the Borough of Richmond THE NEW YORK PUBLIC LIBRARY, ASTOR, LENOX AND TILDEN FOUNDATIONS: (Corporate Seal) by John Bigelow, President Attest: Charles Rowland Russell, Secretary APPENDIX J ACT OF INCORPORATION (Laws of 1907. Chapter 164) AN ACT TO incorporate "The Queens Borough Public Library," and to permit libraries IN the borough of Queens of the City of New York, to convey their property thereto, and limiting and defining the powers thereof. Became a law, April 17, 1907, with the approval of the Governor. Passed, three-fifths being present. Accepted by the City The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1: The following persons, to wit: The Mayor, Comptroller and President of the Board of Aldermen of the City of New York, by virtue of their offices, and fifteen additional persons who, at the date of the passage of this act, shall constitute the Board of Trustees of the "Queens Borough Library, " a corporation incorporated by the regents of the university of the State of New York on March nineteen, eighteen hundred and ninety-six, as amended December twenty-one, eighteen hundred and ninety-nine, under the provisions of the laws of eighteen himdred and ninety- two, chapter three hundred and seventy-eight, as amended by the laws of eighteen hundred and ninety-five, chapter eight hundred and fifty-nine, are hereby constituted a body politic and cor- porate vmder and by the name of "The Queens Borough Public Library," for the purpose of constructing and maintaining Ubraries and a free public library system in the Borough of Queens in the City of New York. "5 Sectiox 2: The "Queens Borough Library" is hereby declared to be merged into and become a part of "The Queens Borough Public Library, " which corporation shall have and exercise all the powers now possessed by the "Queens Borough Library," together with all powers now possessed by membership and library corporations under the general law of the State of New York, and such other laws of this state as may at any time be applicable thereto, excepting in so far as they may be inconsistent with the provisions hereof. It shall be capable of making and holding for its uses and purposes, by purchase, gift, grant, devise or bequest, any property and estate, both real and per- sonal, without Umit as to the value and amount thereof. Any devise or bequest contained in any last will and testament made to the "Queens Borough Library, " whether made before or after the date of this act, shall not fail by reason of such conveyance, but the same shall inure to the benefit of the corporation created by this act. Section 3. The corporation shall organize by the adoption of by-laws and the election of ofiBcers. The by-laws shall provide for the terms of office of the trustees of the coq:)oration, ex- cepting that the mayor, comptroller and president of the board of aldermen of the city of New York, shall at all times be members of the board ex-officio. The by-laws shall also provide for the filling of vacancies. The trustees shall hereafter be chosen in such maimer as the by-laws may direct, excepting that the selection of their successors by the corporation shall be subject to the approval of the mayor of the city of New York. The corporation shall have power from time to time to make such rules and regulations as the trustees thereof shall judge proper for the accom- plishment of the objects of the corporation, for the election of officers, for prescribing their respec- tive functions and the mode of discharging the same, for imposing and collecting dues, fines and contributions, for regulating the times and places of meetings, and generally for the management and direction of the affairs and concerns of the said corporation. The trustees shall have absolute control of the expenditure of all moneys appropriated by the city of New York for the maintenance of libraries conducted, or to be conducted, by the corporation in the borough of Queens, and shall have the power to appoint and fix the salaries of such officers and employees as they shall deem necessary, who, vmless employed imder special contract, shall hold their offices during the pleasure of the trustees but no trustee shall receive compensation as such, and the authority of the trustees to so make and regvdate expenditures for maintenance, and their right to select, employ, fix salaries and discharge employees, shall be absolute imder this act, any acts of legislature of the state of New York to the contrary notwithstanding. Section 4. The corporation shall make and publish an annxial report in detail of its pro- ceedings and transactions for each year, including a full and detailed statement of its revenues and expenses in such form as may be approved by the comptroller of the city of New York, and it shall furnish copies thereof to the board of estimate and apportionment of the cit^ of New York. Section 5. The said corporation is hereby declared to be a corporation with which the city of New York may contract for the construction and maintenance of free libraries within the mean- ing of chapter five himdred and eighty of the laws of nineteen hundred and one, and the said cor- poration may, with the consent of Andrew Carnegie or of his legal representatives and of the per- sons heretofore designated by him as his personal representatives for the construction of free Ubraries in the said borough of Queens of the city of New York, and with the consent of the board of estimate and apportionment of the city of New York, be substituted in any contract heretofore made between the said personal representatives of said Andrew Carnegie and the said city of New York for the construction of public libraries as successor to and in place of the persons named in such contract as personal representatives of said Andrew Carnegie to contract with said city ; and thereupon the said corporation shall succeed to and possess all powers and be subject to all re- sponsibilities theretofore appertaining to the said designated representatives of Andrew Carnegie, under and by virtue of any such contract. Section 6. The board of estimate and apportionment of the said city of New York is further authorized and empowered to congract with the said corporation for the maintenance of the free public library system in the borough of Queens of said city, including therein the maintenance of all of the free public library systems in the borough of Queens that are now maintained in whole or in part by the pubhc funds of the city. The amounts required for such maintenance shall con- stitute a city charge, to be provided for in the annual budget and tax levy of said city. The said city of New York is fiu-ther authorized and empowered to transfer and convey to the said cc r- poration, to be held and used by it for free library purposes in the said borough of Queens, all books, furniture and other property owned and held by the said city of New York in the several free public libraries now maintained by it and administered by the Queens Borough Library. 1x6 Section 7. In the event of the execution of a contract between the city of New York and the corporation hereby created for the control and direction of the free library system in the borough of Queens any sum or sums of money, or the unexpended portion thereof, appropriated prior to the passage of this act by the board of estimate and apportionment of the said city of New York, for the maintenance and support for the year nineteen hundred and seven of free public libraries in the said borough of Queens of said city, which libraries are now or have heretofore been ad- ministered by the Queens Borough Library in said city, are hei eby declared to be appHcable to the support of the free pubHc Ubrary system to be controlled and directed by the corporation hereby created. The entire amount of any annual appropriation made by the board of estimate and ap- portionment of the said city of New York for the conduct and maintenance of free public libraries in the borough of Queens shall be disbursed and paid over from time to time to the corporation hereby created, by the comptroller of the said city of New York in such manner and subject to such accoimting as the comptroller shall direct. Section 8. Any corporation now or hereafter organized under the laws of the state of New York, whether incorporated by general or special act, or by the regents of the university of the state of New York, or otherwise, and maintaining or carrying on a library in the borough of Queens, ' is hereby authorized and empowered to grant, convey, assign and transfer any or all the real and personal property of which it may be seized or possessed, to the corporation hereby created, upon such terms, conditions or limitations as may be agreed upon between the two corporations. Section 9. Upon the transfer and conveyance by any corporation maintaining or carrying on a library in the borough of Queens of its entire property and estate to the corporation hereby created as hereinbefore provided, and upon the making and filing in the office of the clerk of the county of Queens of a certificate signed by a majority of the directors or trustees of such corpora- tion and sworn to by the president or vice-president and secretary thereof, setting forth the facts of such transfer and conveyance, a copy of which certificate shall be filed in the office of the secre- tary of the state of New York, and in the case of a corporation created by act of the regents of the university of the state of New York, in the office of the said regents of the university, such corporation so transferring its entire property and estate shall be dissolved and its corporate existence terminated. Section 10. This act shall take effect immediately. APPENDIX K Agreement between The City of New York and The Queens Borough Public Library Providing that the Obligations of the Representatives of Andrew Carnegie be Trans- ferred to The Queens Borough Public Library and Further that the City Pay Such Sums Toward the Maintenance of The Queens Borough Public Library as were Agreed upon in the 1901 Carnegie Agreement together with such Additional Sums as Necessary for the Proper Maintenance of Libraries Under the Jurisdiction of The Queens Borough Public Library. 1907. THIS AGREEMENT, made and concluded this i8th day of October in the year One Thou- sand Nine Hundred and Seven, by and between THE CITY OF NEW YORK, by the BOARD OF ESTIMATE AND APPORTIONMENT of said City, party of the first part, and "THE QUEENS BOROUGH PUBLIC LIBRARY," a corporation duly organized under Chapter one hundred and sixty-four of the Laws of Nineteen Hundred and Seven of the State of New York, party of the second part, WITNESSETH: WHEREAS, by an act of the Legislatxire of the State of New York, approved April 17, 1907, entitled "An Act to Incorporate ' The Queens Borough Public Library, ' and to permit libraries in the Borough of Queens of the City of New York, to convey their property thereto, and limiting and defining the powers thereof," being Chapter One hundred and sixty-four of the Laws of Nineteen Hundred and Seven, the corporation incorporated by Charters of the Regents of the University of the State of New York, granted oh March Nineteenth, Eighteen Hundred and Ninety-six, and 117 n December twenty-first, Eighteen Hundred and Ninety-nine, as "Queens Borough Library," was thereby merged into the corporation "The Queens Borough PubHc Library, " party of the second part hereto, which corporation has thereby authority to exercise all the powers hitherto possessed by Queens Borough Library under the Laws of the State of New York applicable thereto; and WHEREAS, the persons so constituting the corporation The Queens Borough Public Library have duly organized by the adoption of By-laws and the election of officers as provided in section three of said act ; and WHEREAS, said The Queens Borough Public Library is declared, by section five of said act, to be a corporation with which the City of New York may contract for the construction and main- tenance of free libraries within the meaning of Chapter five hundred and eighty of the Laws of Nineteen Hundred and One, as amended, upon the conditions therein set forth; and WHEREAS, it is fxuther provided by section six of said Act, that the Board of Estimate and Apportionment of the City of New York is authorized and empowered to contract with the party of the second part hereto for the maintenance of the free public library system in the Borough of Queens, including therein the maintenance of all free public libraries now existing in the said Borough which at the passage of said act were maintained in whole or in part by the public funds of said City; and WHEREAS, The City of New York was by the same section authorized and empowered to transfer and convey to the party of the second part, to be held and used by it for free library pur- poses in the said Borough of Queens all books, furniture and other property owned and held by the said city in the several free Public Libraries now maintained by it and administered by the cor- poration of Queens Borough Library. NOW, THEREFORE, in consideration of the premises and of the mutual covenants herein, it is agreed between the said parties as follows: First: In the event that Andrew Carnegie, and Walter G. Frey, Walter L. Bogert, and Phillip Frank, the personal representatives of the said Andrew Carnegie, who on his behalf, became parties to an agreement heretofore entered into with the Board of Estimate and Apportionment of The City of New York, duly executed on or about September 11, 1901, under authority of Chapter five hundred and eighty of the Laws of Nineteen Hundred and One, as amended, consent thereto, said The Queens Borough Public Library agrees to perform all the obligations of the said personal representatives of said Andrew Carnegie, as their successors under said agreement, and to carry out and to perform any and all contracts entered into by said parties imder said agreement of September 11, 1901. Second: The said The Queens Borough PubHc Library agrees to administer the free public libraries now existing in the Borough of Queens, and upon the completion of the public branch libraries to be erected pursuant to said agreement of September 11, 1901 , it agrees to administer the same and apply to their maintenance the svmis to be appropriated therefor by The City of New York, pursuant to the provisions of said agreement, and of said Chapter five htmdred and eighty of the Laws of Nineteen Hundred and One, as amended, and it agrees to so administer and maintain the said libraries that they shall be open and accessible to the public at all reasonable hours and times, upon every day of the week except Sundays, including all legal holidays, free of expense to the per- sons resorting thereto for reference and for taking out of books, subject to such reasonable control and regulations as The Queens Borough Public Library, party of the second part, may from time to time establish for general convenience, and such libraries may be open in whole or in part on Sundays in such manner and during such hours as may be from time to time agreed upon between the said Board of Estimate and Apportionment and The Queens Borough Public Library. Such free use being subject to such reasonable fines and penalties as may be imposed by said The Queens Borough Public Library for violation of its rules and regulations. Third: The City of New York, party of the first part, hereby agrees that in addition to the amount it is obligated to appropriate and pay under the agreement of September 1 1 , 1901 , above re- ferred to, and pursuant to the provisions of the Act, Chapter five hundred and eighty of the laws of Nineteen Hundred and One, as amended, it will appropriate and pay for the maintenance and support of said The Queens Borough Public Library such sums as may be requisite for the proper maintenance of the libraries under its jurisdiction, such amounts to constitute a City charge and to be provided for in the annual Budget and tax levy of said City. It is, however, agreed that the entire amount of the annual appropriations as made by the Board of Estimate and Apportionment for the conduct and maintenance of free public libraries ii8 in the Borough of Queens, shall be disbursed and paid by the Comptroller to The Queens Borough Public Library upon submission to him of a statement of obligations incurred or of moneys expended for the use and purposes of said free library system ; provided, however, that on and after December 31st, 1907, one-twelfth of the amount appropriated for the yearly salaries shall be paid over by said Comptroller to The Queens Borough Public Library, on the last day of each month, and upon the payment of said obHgations by The Queens Borough Public Library proper vouchers and accounts shall be returned to the Comptroller of the City of New York for such expenditures. Separate accounts shall also be filed with the Comptroller showing amount of fines and receipts for lost books received, and disbursements made therefrom, in form to be duly approved by the Comp- troller. Fourth: Upon the execution of this contract the free public libraries of the Borough of Queens heretofore existing and administered by the corporation known as "Queens Borough Li- brary, " shall, as to their maintenance and administration, be and they hereby are devolved upon the said The Queens Borough Public Library, and the said corporation the party of the second part, shall receive for the purpose of such maintenance and administration, any unexpended balances of moneys heretofore appropriated for Queens Borough Library, said unexpended balance for "Sala- ries" to be paid over by the Comptroller in equal monthly payments during the remainder of the year 1907. Accounting for all expenditures when made shall be rendered to the Comptroller in the same maimer as provided in section three of this agreement. Fifth: The said City of New York hereby transfers and conveys to The Queens Borough Public Library, to be held and used by it for free library purposes in the said Borough of Queens, all books, furniture and other property owned and held by the said City of New York in the several free public libraries now maintained by it and administered by The Queens Borough Library. It is, however, agreed that the title to the library property in said Borough of Queens heretofore vested in the City as part of said free library system, shall remain in said City, and all books and other personal property hereafter purchased by said The Queens Borough Public Library out of moneys appropriated by said City for the maintenance of said free library system, shall be and remain the property of the City and shall be so marked or identified and designated. It is understood, however, and agreed that The Queens Borough Pubhc Library may dispose of mutilated and worn -out books, papers and pamphlets and of duplicates and other books not required, but it will apply any and all moneys received therefor to the purchase of other books, papers and pamphlets to be used in said free library system, and it will account therefor to the Comptroller of the City. Sixth: The Queens Borough Public Library will continue to occupy the premises now under lease by the City for library purposes and previously occupied by the Queens Borough Library until the expiration of said leases ; but thereafter the party of the second part shall make all such leases upon terms satisfactory to it, and the rentals so agreed to be paid shall be considered a part of the cost of maintenance of said libraries to be provided for in the same manner as other expenses of maintenance. The party of the second part shall not be required upon order of any city depart- ments to erect fire escapes or place water meters in the library bmldings, or make any other repairs or alterations imless special appropriation therefor shall be made by the Board of Estimate and Ap- portionment. Seventh: The party of the first part hereto agrees to cause to be made at the expense of the City of New York, such repairs or restorations as may be reasonably necessary from time to time, in order to keep the library buildings in proper condition, and to make good any damage to the build- ings or to their contents by fire, or otherwise; and to provide the original stock of books for any library building erected under the gift of Andrew Carnegie where no stock of books exists, in ac- cordance with the provisions of Chapter 296 of the Laws of 1905. Eighth: It is further understood that this agreement may be from time to time altered or modified as may be agreed upon in writing between the parties hereto, and that in so far as The Queens Borough Public Library, party of the second part, may be made the successors of the said personal representatives of Andrew Carnegie in the agreement dated September 11, 1901, this agreement is subject to such changes and modifications as it is pro-\dded in said agreement may be made by the parties thereto, subject to the approval of said Andrew Carnegie. IN WITNESS WHEREOF the party of the first part has caused this agreement to be exe- cuted by the Board of Estimate and Apportionment of The City of New York, pursuant to a resolution adopted at a meeting of said Board of Estimate and Apportionment, held on the 18th "9 day of October, 1907, and the party of the second part has hereunto caused its seal to be affixed and the execution thereof to be attested by its officers, the 18th day of October, One Thousand Nine Hundred and Seven THE CITY OF NEW YORK, by the BOARD OF ESTIMATE AND APPORTIONMENT, George B. McClellan, Mayor. H. A. Metz, Comptroller. P. F. McGowan, President, Board of Aldermen. John F. Ahearn, President, Borough of Manhattan. Bird S. Coler, President, Borough of Brooklyn. Louis F. Haffen, President, Borough of The Bronx. Joseph Bermel, President, Borough of Queens. George Cromwell, President, Borough of Richmond. THE QUEENS BOROUGH PUBLIC LIBRARY, By John Kirk, President. (Corporate Seal.) Attest: Alfred H. Schlesinger, Secretary. This contract is approved as to form. John L. O'Brien, Assistant Corporation Counsel. opinion of the corporation counsel APPENDIX L Moneys Must be Paid as Requested by the Board of Trustees when the Aggregate Amount Does Not Exceed the Amount Appropriated and Proper Vouchers in Forms Ap- proved by the Comptroller are Submitted, even When Such Requests Disregard the Budget Segregations. CITY OF NEW YORK Law Department Office of the Corporation Counsel New York, September 17, 1914. Hon. William A. Prendergast, Comptroller. Sir: I am in receipt of the following communication dated April 30, 1914 and signed by Charles S. Hervey, Deputy Comptroller: "Under date of March 13th, 1914, you rendered an opinion concerning The Brookljm Public Library, in response to a communication from the Comptroller, of which the following is a copy: ' I ask to be advised whether the Comptroller, in the audit of payments made to the Trustees of The New York, The Brooklyn or The Queens Borough Libraries, may legally enforce the use of city money for salaries and wages for those libraries as provided in the segregated form of the City Budget for 1913, or whether the moneys must be paid as requisitioned for by the respective Boards of Trustees when those requisitions disregard the Budget segregations. 'For your information in connection with this inquiry, I transmit herewith copy of the Budget for 1913 and copies of the contracts made by the City with the three Boards of Trustees. I20 'The inquiry is made because two of the library boards in payrolls submitted to the Department of Finance disregarded the Budget salary and wages schedules for their respective organization. All of the library boards, however, appear to conform to the appropriation segregations for other than salary and wages purposes.' "In' the said opinion you advise that moneys must be paid as requisitioned by the Board of Trustees of the Library, when the aggregate does not exceed the amoimt appropriated and proper vouchers, in forms ap- proved by you, are submitted, even when those requisitions disregard the Budget segregations. "It appears that your opinion of March 13th relates to The Brooklyn Public Library only. Considering the same phases of the question as were considered in regard to Brooklyn, will you please advise me along similar lines regarding the powers of the Board of Estimate and Apportionment in respect to the administration of moneys appropriated for The New York Public Library and The Queens Borough Public Library." The opinion dated March 13th, 1914, dealt with the contractual relations existing between the City and The Brooklyn Public Library only, for the reason that subsequent to the receipt of your letter requesting advice this office was informed that The New York Public Library and The Queens Borough Library were conforming to the schedules for salaries and wages as set forth in the Budget. I will now, however, as requested, consider the city's relations to the two last mentioned libraries. On December 8, 1897, the Mayor, Aldermen and Commonalty of The City of New York, acting through the Board of Estimate and Apportionment, executed a contract with The New York Public Library, Astor, Lenox and Tilden Foundations. This agreement relates to the new library building to be erected at Fifth avenue and 42nd street, on the site formerly occupied by the reservoir and provides, among other things, that The New York Public Library shall have the right to occupy such building as long as it continues to maintain it as a public library and reading room. Paragraph "Second" provides that the City shall on reasonable demand at all times maintain and keep the building in repair. Paragraph "Seventh" stipulates that the Hbrary "shall appoint, direct, control and remove all persons em- ployed within said building in and about the care of the building and the library and collections therein contained; * * *." Paragraph "Eighth" appears in this form: "The city shall annually provide funds for the maintenance and repair of the building and the City au- thorities or Department of Public Parks, acting under its direction, shall at all times provide and care for the roads, walks, fences, grading and general care of the grounds and appurtenances attached thereto. The City in addition shall at all times furnish a supply of water and adequate police patrol and protection. With the limitations already defined, the party of the second part shall exercise entire direction and management over all the affairs of the library building and the books, collections and appurtenances." The only financial burden assumed by the city in this agreement is the obligation to provide funds for the main- tenance and repair of the building, and to furnish a supply of water and adequate police patrol and protection. On July 17, 1901, the city acting through the Board of Estimate and Apportionment, executed another agree- ment with The New York Public Library. This contract relates to the erection and maintenance of certain branch libraries which were to be brought into existence through gifts from Andrew Carnegie. The essence of this agree- ment is that the city shall provide the sites, Mr. Carnegie shall provide money for constructing and equipping the buildings, and the city shall provide for their maintenance. Paragraph "Third" provides that The New York Public Library shall complete these branch library buildings as soon as possible "and thereafter to conduct and carry on in the same respectively with funds to be provided by the party of the first part (the city) as hereinafter provided, free public libraries for circulation with reading rooms, and to devote the same to the use of the public." Paragraph "Fourth" provides: "The party of the first part (the city) fiuther agrees adequately to provide for maintenance of the free public branch libraries to be erected pursuant to this agreement and of travelling libraries in said City, and to that end to provide in each year in the annual budget and tax levy of said city a sum not less than ten per centum of the amount expended by said Andrew Carnegie under the provisions of said act, which sum shall be expended for the maintenance of the branch libraries to be hereafter constructed pursuant to this contract, which main- tenance shall be provided for, said libraries to be hereafter constructed as rapidly as the same are obtained ; * * * and provided further that the obligation hereby assumed by the party of the first part to provide for such main- tenance, a sum not less than ten per centum of the amount so expended by said Andrew Carnegie shall not be taken to limit the right of said Board of Estimate and Apportionment to appropriate for such maintenance any larger sum if in its discretion additional appropriation should be required." Paragraph "Seventh" provides: "* * •; the party of the second part (the library) however, shaU appoint, direct, control and remove all persons employed within the said buildings, respectively, and in the care of the same; all fines to be exacted from any person or persons shall be retained by the party of the second part applied to the business of circula- tion and duly accounted for in its accounts. All balances of annual appropriations made by the party of the first part and not duly expended by the party of the second part for the maintenance of such libraries during the calendar years for which such appropriations shall have been made, shall be accounted for and paid by the said party of the second part to the Comptroller of The City of New York to be deposited to the credit of the' General Fund for the reduction of taxation within sixty days after the expiration of each of such calendar years." 121 By paragraph "Eighth" the city bound itself, in addition to the provision for maintenance heretofore pro- vided for, annually to provide funds for the repair of the several buildings located upon sites owned by the city and to furnish a supply of water. That paragraph then continues in this language: "With the limitations already defined the party of the second part (the library) shall exercise protection and management over the affairs of the several library buildings and the books, collections and appurtenances." It follows that the Board of Trustees of The New York Public Library, being clothed with authority under its contract with the City to "direct and control" persons employed within the branch libraries, and to "exercise protection and management over the affairs of the several library buildings" may expend appropriations made to it by the City for salaries and wages in such a manner as the Trustees may decide to be best suited to that purpose. Moneys must be paid by the Comptroller on proper vouchers for salaries and wages when requisitioned by the Board of Trustees even when those requisitions disregard the Budget segregations. Chapter 164 of the Laws of 1907, incorporated The Queens Borough Public Library and merged in the cor- poration thus created The Queens Borough Library. Section 3 of that act provides: "The Trustees shall have absolute control of the expenditure of all moneys appropriated by The City o New York for the maintenance of libraries conducted or to be conducted by the corporation in The Borough of Queens, and shall have the power to appoint and fix the salaries of such officers and employees as they shall deem necessary, who, unless employed under special contract, shall hold their offices during the pleasure of the Trustees; but no Trustee shall receive compensation as such, and the authority of the Trustees to so make and regulate expenditures for maintenance and their right to select, employ, fix salaries and discharge employees shall be absolute under this act, any acts under the Legislature of the State of New York to the contrary not- withstanding." This act took effect April 17, 1907, and on October 18, 1907, the City, acting through the Board of Estimate and Apportionment, enterwi into a contract with The Queens Borough Public Library. The "Third" paragraph thereof provides: "That the city, in addition to the amount which it is obligated to pay under the agreement of September 11, 1901 (contract between the Board of Estimate and Apportionment and the agents of Andrew Carnegie), will appropriate and pay for the maintenance and support of The Queens Borough Public Library such sums as may be requisite for the proper maintenance of the libraries under its jurisdiction, such amounts to constitute a City charge and to be provided for in the annual budget and tax levy of said City." Paragraph "Third" contains this additional stipulation: " It is however agreed that the entire amount of the annual appropriations as made by the Board of Esti- mate and Apportionment for the conduct and maintenance, which free public libraries in The Borough of Queens, shall be disbursed and paid by the Comptroller to The Queens Borough Public Library upon submission to him of a statement of obligations incurred or of moneys expended for the use and purposes of said free library system; provided, however, that on and after December 31, 1907, one-twelfth of the amount appropriated for the yearly salaries shall be paid over by said Comptroller to The Queens Borough Public Library on the last day of each month, and upon the payment of said obligations by The Queens Borough Public Library proper vouchers and accounts shall be returned to the Comptroller of The City of New York for such expenditures." Both in Section 3, Chapter 164 of the Laws of 1907 and in paragraph "Third" of the agreement dated October 18, 1907, the broadest power is granted to the Trustees of the library to expend moneys within the appropriations granted, for salaries and wages of its employees and to fix such salaries and wages within such appropriation. I have been furnished with a copy of a resolution adopted by the Trustees of The Queens Borough Public Li- brary on October 13, 1911, whereby the Trustees assumed to waive for the year 1912, the power to fix salaries and wages, and, so far as I have been able to discover, that waiver applied only to the year 1912. Unless the Board of Trustees has since abdicated its powers under the statute and the contract, moneys for salaries and wages must be paid as requisitioned for, even when those requisitions disregard the Budget segregations. Respectfully yours, (Signed) Frank L. Polk, Corporation Counsel. OPINION OF THE CORPORATION COUNSEL 122 APPENDIX M Lighting of Public Libraries Need Not be Paid For Out of Funds Appropriated to Department of Water Supply, But Since the Cost Thereof Must be Borne by the City, the Commissioner of Water Supply Has Supervising Jurisdiction Over All Contracts Therefor and No Such Contract Shall be Entered Into Unless Approved of By Him. Law Department of The City of New York, Office of the Corporation Counsel, Borough of Manhattan, January 29, 1907. Hon. John H, O'Brien, Commissioner of Water Supply, Gas and Electricity. Sol: Your predecessor addressed to my predecessor a commtmication dated May 2, 1906, reading as follows: "Application is being made to this Department to provide electric and gas lighting to Public Libraries throughout the Greater City. I quote the following, as one of the latest of these applications which we have received: "•March 19, 1906. "'Department of Water Supply, Gas and Electricity, Borough Hall, Jackson Avenue, Long Island City, N. Y. "'Gentlemen: '"Will you be kind enough to provide electric light for three new branches about to be opened by the Library Board of Trustees located at 491 Broadway, Long Island City, Harriman Street, near Fulton, in Fraternity Hall, Jamaica, L. I. Bell, near Warburton, Bayside, L. I., Owner, John Lindner.'" '"The Broadway Branch will have sixteen 16-candle power lamps; Bayside Branch, forty-six 16-candle power lamps; Jamaica Branch, probably twenty-four. Yours very truly, J. Hume, Librarian, Queens Borough Library, 101 East Avenue, L. I. C. ' " "I note that in the Budget for 1906, on page 91, the appropriation for 'Libraries' includes an item for lighting, both as to The New York Public Library and The Brooklyn Public Library. In Queens it also in- cludes an item for lighting, under this heading: '"Queens Borough Library, and for maintenance and establish other libraries when required as branches. ' " "I presume the application above quoted is for such branches. "Under your opinion of September 12, 1905, I understand that the lighting of these libraries should be paid for by my Department. If so, part of this appropriation should be transferred to my Department, and the libraries notified that their lighting will come under the Department of Water Supply, Gas and Electricity. "I am informed that there is a good deal of confusion in regard to the library accounts, and also in regard to the Carnegie libraries which are being opened throughout the various boroughs, and I would ask you to advise me if I am to take this matter up in the regular way under your opinion of September 12, as has been the case of other departments. "I would also ask if you would give me full advice in regard to the matter as this Department is not ad- vised fully as to its duties in connection with the lighting of the various libraries and classes of libraries mentioned above." Thereupon my predecessor addressed a communication to the Comptroller setting forth the facts stated in the communication from the Commissioner of Water Supply, Gas and Electricity, and requested to be notified ''as to what funds are provided in the Budget of 1906, for the lighting of public libraries in The City of New York, and whether existing balances thereof could not be transferred to the Department of Water Supply, Gas and Elec- tricity, to meet the expense upon that Department for the purpose of lighting bills in the ' Carnegie Library ' approach- ing completion in The City of New York." To that communication the Comptroller replied, under date of July 16, 1906, as follows: "This ofiBce is in receipt of your communication of June 18th in the matter of providing gas and electric lighting to the public libraries in The City of New York wherein you ask to be informed 123 " ' As to what funds are provided in the Budget of 1906 for the lighting of public libraries of The City of New York, and whether existing balances thereof could not be transferred to the Department of Water Supply, Gas and Electricity, to meet the expense upon that Department for the purpose of lighting bills in the ''Carnegie Libraries" approaching completion in The City of New York.'" " 'In reply thereto, I have to say that the moneys provided for lighting The New York Public Library, Astor, Lenox and Tilden Foundation, and The Brooklyn Public Library are provided by the Board of Esti- mate and Apportionment pursuant to agreements entered into between the Trustees of said institutions and the City. "In the budget for 1906 The Queens Borough Library is given the sum of $4,200 for the purpose of de- fraying the expense of fuel, lighting, rent, repairs, etc. How much of said sum is for lighting it is impossible to state, but it is evident that no part of said sum could be transferred to the Department of Water Supply, Gas and Electricity for the reason that it is The Queens Borough Library that makes the requisition for addi- tional electric lighting for its new branches. I therefore have to say in reply to your query that it does not seem that any existing balances for lighting various public libraries can be transferred to the Department of Water Supply, Gas and Electricity." This letter from the Comptroller answers so much of your communication as relates to the transfer to any existing balances to your Department for the lighting of branch libraries in the Borough of Queens. In your letter you ask tke further and broader question as to the policy to be adopted by your Department in regard to the lighting of public libraries, and particulariy of the Carnegie free branch libraries. This question is a very important one, not only on account of the rapidly growing library system but also because it involves the broader question of centralization of powers in the government of the City. The policy 'of the City as to the lighting of public buildings has been defined by my predecessors in office and may be briefly summarized as follows: The jurisdiction of the Commissioner of Water Supply, Gas and Electricity over such lighting is established by Section 469 of the Greater New York Charter, which provides: "Section 469. The Commissioner of water supply, gas and electricity shall have cognizance and control:*** "5. Of the making and performance of contracts when duly authorized in accord with the provisions of this act, and for the execution of the same in the matter of furnishing the city, or any part thereof, with gas, electricity or any other illuminant or of steam; of the selecting, locating and removing and changing of lights for the use of the city; of the inspecting and testing of gas and electricity used for light, heating and power pur- poses, electric motors, electric wires and of all lights furnished to said city; and of the use and transmission of gas, electricity, pneumatic power and steam for all purposes in, upon, across, over and under all streets, roads, avenues, parks, public places and public buildings. • • •" It seems clearly to have been the intent of the Legislature in framing this section to center control and responsi- bility for due execution of contracts for gas, electricity and steam in one Department. This control and responsi- bility further implies the right to examine and certify claims for such service, or to refuse certification, as may be. There are no provisions of the Charter restricting your power in making such contracts, beyond the general provisions of Section 419 and the other sections which apply generally to the making of all contracts for supplies. As a general proposition, you have not the right to contract for power without public letting. The supplying of power to the public buildings of the city shotild be regarded as one piece of work and should be done in accord- ance with a contract made at public letting. The question then presents itself as to whether public libraries shall be regarded in all respects as public build- ings and whether the same rules shall be applied to them as to other pubUc buildings. The buildings, the lighting of which has been passed upon by my Department, were all controlled by some department or official of the City. The libraries present a somewhat anomalous situation, in that while they are maintained by the City, their control is in the hands of Boards or of private trustees. The library system of the Greater City may be described on broad lines as follows: In the past the City furnished aid and maintenance to many libraries separately, but by a process of centraliza- tion and consolidation all the smaller libraries in each borough have been gathered together under one head. These larger or holding bodies as shown by the Budget of 1907 constituting the only bodies to which appropriations were made for library purxjses are The New York Public Library, Astor, Lenox and Tilden Foundations for the Boroughs of Manhattan, Richmond and The Bronx, The Brooklyn Public Library, and The Queens Borough Library. The Queens Borough Library occupies a somewhat different position to that of the other two in that by the terms of its Charter obtained from the Regents of the State, its trustees are appointed by the Mayor and it has, of recent years, been regarded as a City Department, its employees being subject to Civil Service rules, etc. As to the free branch libraries of The Queens Borough Library, it is, therefore, my opinion that they are to be regarded as public buildings, the lighting of which is to be xmder your complete jurisdiction on the lines stated above as applying to other public buildings in the city. The branch libraries in the other boroughs are of two kinds: (1) those the city maintains as a residt of con- tract obligations, and (2) those the city maintains voluntarily and whose maintenance the city could apparently terminate at any time. The first class comprises the Carnegie branch libraries. Under date of July 17, 1901, an agreement was entered into between the City and The New York Public Library, Astor, Lenox and Tilden Foundations, which library had been designated by Andrew Carnegie as his agent for the purpose of the agreement. By such agreement the offer of Andrew Carnegie to furnish the funds necessary for the erection of buildings for sixty-five free branch libraries for circulation in the City of New York, provided the City woiUd furnish the necessary sites for such buildings and agree in satisfactory form, to provide for the maintenance, of such branches when completed, was. accepted. The 124 City thereby bound itself to acquire the necessary sites, and to lease said land together with the buildings and im- provements erected thereon, to The New York Public Library so long as the said P*ublic Library and its successors should continue to maintain upon the said land free branch public libraries and reading rooms. The City further bound itself by the following proviso: "4. The party of the first part further agrees adequately to provide for the maintenance of the free public branch libraries to be erected pursuant to this agreement and the travelling libraries in said city, and to that end to provide in each year in the Annual Budget and Tax Levy of said city a sum not less than ten per centum of the amount expended by said Andrew Carnegie under the provisions of said act, which sum shall be expended for the maintenance of the branch libraries to be hereafter constructed pursuant to this contract, which main- tenance shall be provided for said libraries to be hereafter constructed as rapidly as the same are obtained; and in case a Ubrary building is under construction, maintenance may be provided therefore to commence when constructed. * * •" By the terms of the agreement the City was to have access to all such library buildings for general police visita- tion and supervision and was to furnish a supply of water but The New York Public Library was "to appoint, direct, control and remove all persons employed within said buildings respectively and in the care of the same," and was "to exercise direction and management over the affairs of the several library buildings and the books, collections and appurtenances." The second agreement was entered into March 26, 1902, which did not, however, affect any of the provisions referred to above. Contracts similar in form to that of JiUy 17, 1901, were entered into with the Trustees of The Queens Borough Library and The Brooklyn Public Library. The other, or second class of libraries, are those maintained by the City, but which the City is apparently under no legal duty to maintain. The agreement of July 17, 1901 was entered into by the City pursuant to the provisions of Chapter 860 of the Laws of 1901, which was "An act to authorize and empower the City of New York to establish and maintain a free public library system." This act contained a specific authorization for the execution of such a contract in regard to the Carnegie Free Branch Libraries. The act further provided that the Board of Estimate and Apportionment might provide in such contracts for the maintenance of a public library system in the City of New York, including therein the main- tenance of any or all the free public libraries then existing in the city, which had theretofore been maintained in whole or in part by the public funds of the City, as well as for the maintenance of the branch libraries to be erected pursuant to the terms of such agreement. This clause of the Act of 1901 was specifically referred to in the preamble of the said agreement in relation to the Carnegie Branch Libraries, and then followed a clause reading: "Whereas, it is not at the present time deemed expedient by the parties hereto to avail of so much of said act of the Legislature as relates to the clause in this agreement which provides for the support of free public libraries now existing in said city which have heretofore been maintained in whole or in part by the public funds of said City but rather to leave that subject to be disposed of as the same may from time to time arise hereafter." The result is that the Board of Estimate and Apportionment annually appropriates a fund for the maintenance of all such Ubraries, but the City has not in fact obligated itself to maintain a pubUc Ubrary system other than that provided for in the contracts for the Carnegie Branch Libraries. I am of the opinion that so long as the maintenance of all such libraries is borne by the City, it is immaterial whether such maintenance is provided for by contract or not, and it is also immaterial whether any such libraries occupy an entire building or not, it being a Ubrar> building as to the part so occupied. Formerly, many libraries were annually allowed a certain amoimt based not on their expense of maintenance, but on the number of volumes circulated. If any libraries are maintained by the city on any such basis, they wotdd seem to constitute a different class and the details of their management and the expenditure of the fund allowed them by the City would not be a matter of jurisdiction or supervision over which the City or your Department would have any control. I am of the opinion, however, that all other private libraries are quasi public buildings. Public buildings might, therefore, be placed under two heads: (1) Those under the jurisdiction of City De- partments or officials and, (2) those under the jurisdiction of Boards of Private Trustees. From the nature of the relations of tlie public libraries to the City, the Department of Water Supply, Gas and Electricity is under no duty or obligation to light such buildings out of the fimds appropriated to such Department. Inasmuch, however, as the cost of lighting such libraries must ultimately be borne by the City, it is my opinion that the Commissioner of Water Supply, Gas and Electricity has jurisdiction of a supervisory nature over all contracts for lighting and that no contract shall be entered into unless approved by him. Inasmuch as the libraries are now paying a higher rate for lighting than are the City Departments for Ughting under similar circumstances and con- ditions, it is to the advantage of the libraries that the Commissioner should exercise supervision, and I am informed that the Trustees of these public libraries will look with favor on any such plan. On the making of such contracts, subject to the approval of the Conmiissioner, all payments thereunder would be made by the Trustees of the Public Libraries, out of the funds appropriated annually for the maintenance of such libraries. In drawing up the next Budget, the Board of Estimate and Apportioimient might, at its pleastxre, establish the amount to be appropriated for the maintenance of public libraries and either assign the amoimt appropriated 125 for lighting to the Department of Water Supply, Gas and Electricity directing the Commissioner to make the neces- sary contracts and provide for lighting, or direct that no contracts should be entered into unless approved by the Commissioner of Water Supply, Gas and Electricity and that such contracts should not be entered into for a rate in excess of that paid by the other City Departments for service under similar circumstances and conditions. If, under the above procedure, any unexpended balances remained with the Department of Water Supply, Gas and Electricity at the end of the year it should be accoimted for and paid by the Commissioner to the Comp- troller of The City of New York to be deposited to the credit of the General Fund for the reduction of taxation within sixty days after the expiration of each calendar year. Respectfully yours, Woi-iAH B. Ellison, Corporation Counsel. OPINION OF THE CORPORATION COUNSEL APPENDIX N Under Agreement Between The Brooklyn Public Library and The City of New York Dated June 5, 1903, the City Should Pay for Certain Assessments for Local Improvements Confirmed Subsequent to Said Agreement Against Property Owned by Said Library Opposite Its Fort Hamilton Branch and Against Property Constituting Said Branch Library. VOLUME 35, PAGE 390 Law Department of The City of New Yobk, Office of tbe Cortoration Counsel, Borough of Manhattan, July 31, 1911 In the Matter of the Application of the Board of Trustees of The Brooklyn Public Library for the cancellation of taxes, water rates and assessments for local im- provements as hereinafter set forth. Hon. William A. Prendergast, Comptroller. Sir: 1 have received from your office a communication dated April 11, 1911, transmitting for advice this application. In advising you I shall take up separately the different properties and the charges against them. (1) Section 1, Block 244, Lot S, known as the Montague Branch. The portion of this property not actually used for library purposes, but rented to tenants, has the following charges outstanding against it: Year Taxes Water Rates 1903 $1,370.29 1120.75 1904 1,966.20 132.53 1905 1,953.30 134.55 1906 2,306.53 134.55 1907 2,331.12 115.00 1908 2,505.31 81.65 1909 2,085.36 81.65 1910 2,177.98 74.55 By an agreement entered into between The Brooklyn Public Library and The City of New York, made and concluded June 5, 1903, pursuant to the authority of Chapter 606 of Laws of 1902, the city contracted for various considerations to "appropriate and pay for the maintenance and support of said Brooklyn Public Library such sums as may be requisite for the proper maintenance of the libraries heretofore under the administration of the Board of Directors of The Brooklyn Public Library * * * such amounts to constitute a city charge and to be provided for in the Annual Budget and Tax Levy of the city." After reciting the fact that The Brooklyn Public Library, in anticipation of expansion, had secured title to certain property which was not presently used for library purposes, but was rented to tenants, the agreement above referred to provided that, "for the purpose of this agreement, how- ever, it is understood that any taxes and assessments upon any of the property of the said Brooklyn Public Library * * * are to be regarded as part of the cost of maintenance of the said free library system." The taxes in question being charges against property not actually used for library purposes, and which there- fore is not exempt from taxation, are valid liens. The agreement referred to, however, makes the payment of these taxes a city charge, to be provided for in the Budget. 126 The water charges on this property for the years 1903 to 1910, inclusive, being, in part at least, for water sup- plied to premises not actually used for library purposes are also valid charges. They are not specifically provided for in the agreement of June 5, 1903, nor would such charges seem to come within the scope of the agreement dated September 11, 1901. They are properly payable out of the rents derived from the property. (2) Section 18, Block 5907, Lot 1. These premises are the Bay Ridge Branch of The Brooklyn Public Library. Having been actually used for public library purposes they are entitled to a free supply of water, by virtue of the provisions of Chapter 852, Laws of 1896. The assessments for local improvements are undoubtedly valid charges. They apparently became liens in 1902 and subsequent years. The premises in question had, prior to the time the assessments were confirmed, become part of The Brooklyn Public Library, the maintenance and support of which the city, by the agreement of September 11, 1901, undertook. Furthermore, by the agreement of June 5, 1903, the city undertook payment of these assessments as part of its maintenance and support of The Brooklyn Public Library. Undoubtedly, under these circumstances, the payment of the charges may be made a matter of Budget arrangement when the 1912 appropriation for the library shall be determined. Section 18, Block 6114, Lot 37. These premises have constituted, since 1901, the Fort Hamilton Branch of The Brooklyn Public Library. Having been actually used for library purposes, the premises have been entitled to a free supply of water. The assessments for local improvements against the premises are valid and legal charges. The agreements made by the city hereinbefore referred to are, however, equally applicable to these premises as to the Bay Ridge Branch. Section 18, Block 6118, Lot 3. This property, owned by The Brooklyn PubUc Library, the tax map shows, is opposite the Fort Hamilton Branch and situated at the convergence of Fourth and Fifth Avenues. The charges against these premises, as set forth in the petition, include assessments for local improvements, apparently con- firmed subsequent to the agreement of 1903, and two small items of $14.95 and $20.70, respectively, set opposite the years 1903 and 1904. The assessments for local improvements are, of course, valid charges and so it seems are the two items above referred to, inasmuch as this property not being used for library purposes would not be exempt from taxes, assessments or water rates. The charges, however, likewise come within the scope of the city's agree- ment of 1903, and should be disposed of with reference to it. I attach to the papers transmitted, which are herewith returned, copies of the agreements herein referred to, together with other printed matter having a bearing on the subject. Respectfully yours, George L. Sterling, Acting Corporation Counsel. OPINION OF THE CORPORATION COUNSEL APPENDIX Under Agreement Between the City and The Brooklyn Public Library the Latter Should Not Be Compelled to Pay Taxes and Assessments, Insurance Charges and Interest ON Mortgages on Property Which is Unproductive. Law Department of The City of New York, Office of the Corporation Counsel, Borough of Manhattan, February 6, 1912 Hon. William A. Prendergast, Comptroller. Sir: I am in receipt of a communication from D. Mathewson, Deputy Comptroller, dated November 3, 1911, and enclosing a report on claim No. 62008 by The Brooklyn Public Library for the refund of payments aggregating $45,749.36, alleged to have been made by the library for insurance, water taxes and interest on mortgage. On December 14, 1911 the Deputy Comptroller forwarded a copy of the contract executed June 5, 1903, between the City and the library, together with an amended claim No. 62006 filed by The Brooklyn Public Library. These papers have been transmitted to this office for an opinion concerning legal liability of the City in the premises. On June 5, 1903, the City acting through the Board of Estimate and Apportionment, entered into an agree- ment, imder seal, with The Brooklyn Public Library, by the terms of paragraph 4 of which the City stipulated to "appropriate and pay for the maintenance and support of said Brooklyn Public Library, such sums as may be requisite for the proper maintenance of the libraries heretofore under the administration of the Board of Directors of The Brooklyn Public Library and of the corporation ' The Brooklyn Library ' above mentioned, such amounts to constitute a City charge and to be provided for in the Annual Budget and Tax Levy of the City." The agreement recites the existence of a mortgage not exceeding $165,000 on real estate of The Brooklyn Public Library on Pierrepont street and Montague street; and the sixth paragraph of the agreement provides: "For the ptirposes of this agreement, however, it is understood that any taxes and assessments upon any of the property of said Brooklyn Public Library, insurance charges, interest upon mortgages above recited, and the reasonable cost of repairs are to be regarded as part of the cost of maintenance of the said free library system." 127 Prom the report of your auditor, it appears that the real estate at Pierrepont and Montague streets, formerly belonging to The Brooklyn Library has been conveyed to The Brooklyn Public Library and that since 1903 The Brooklyn Public Library had paid the interest on the mortgage for $120,000 on these premises out of the money received from the rental of part of its premises, and that moneys have also been expended for fire insurance and plate glass insurance. The question is whether The Brooklyn Public Library now has a claim enforceable at law for the moneys ex- pended by it for taxes, insurance and interest on its mortgage. The agreement of June 5, 1903 imposed an obligation upon the Board of Estimate and Apportionment to provide such sums as may be requisite for the maintenance of the libraries heretofore under the administration of the corporation "The Brooklyn Library," but does not specify any definite sum of money which that board must provide. The agreement is that the sum shall be "requisite." It is true that in paragraph 6 of the agreement it is stipulated that taxes and assessments, insurance charges and interest upon the mortgage shall be regarded as part of the cost of maintenance. From the report of your auditor it seems that such a stipulation was inserted in the agreement upon the assumption that the premises at Pierrepont and Montague streets would, shortly after the execution of this agreement, become financially unproductive. It now appears, however, that from the date of the execution of this agreement till the time of the filing of the claim, the library was able, from the revenue accruing from rentals of this property, to discharge expenses incurred for taxes and assessments, insurance charges and interest on the mortgage. Nowhere does it appear, nor has any claim been made, that the moneys provided by the Board of Estimate and Apportionment have not been "requisite." The library seems to have been maintained without any deficit in its finances. It seems to me that the moneys heretofore appropriated for the maintenance of the library, although not spe- cifically applicable by the terms of the appropriation to the charges incidental to the property at Montague and Pierrepont streets, may, constructively, be regarded as having been applied to such charges, and that the revenues derived by the library from rentals, although in fact applied to the discharge of those expenses for which the city by its agreement had assumed responsibility, may, constructively, be regarded as having been applied to the pay- ment of those other charges for which the city has made specific appropriations. It seems to me that the plain intent of the agreement was that the library should not be compelled to pay taxes and assessifients, insurance charges and interest on mortgages on property which was improductive. Since the realty at Pierrepont and Montague streets has not been devoted to library purposes at as early a date as was originally expected, but was still a source of revenue at the time the library filed its claim with the Comptroller, the purposes of the agreement will best be subserved by crediting the city with such revenues. The fact that during the years extending from 1903 to 1910 the library made no application to the Board of Estimate and Apportionment for specific appropriations to discharge the expenses provided for in paragraph 6 of the agreement goes far to show the practical construction placed upon the agreement by the library as well as by the City. I must advise you, therefore, that the library has failed to produce any evidence that would tend to convince me that it possesses a claim enforceable at law, but that such remedy that it may possess must be appUed pursuant to the provisions of Section 246 of the Charter. I return herewith all papers submitted by the Deputy Comptroller with his letter of November 3, 1911 and December 14, 1911. Respectfully yours, Georgb L. Sterling, Acting Corporation Counsel. 128 RETURN TO- LOAN PERIOD 1 2 3 4 5 6 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS DUE AS STAMPED BELOW 1 ■ • . i •sis - n. , .^H 497203 UNIVERSITY OF CAUFORNIA UBRARY ?■' -^^ His