820               JOURNAL OF PROCEEDINGS           [Mar. 10,

brary, but they have been unable to obtain such a detailed state
ment of his accounts as would enable them to form a satisfactory
opinion of their correctness or of the ability with which the finan-
cial affairs of the Library have been managed; the Librarian hav-
ing stated his inability to furnish such a statement as was called
for by your Committee.

They have also had under consideration the memorial and re-
monstrance of the publishers of the Maryland Chancery Deci-
sions in relation to the action of the Librarian in selling copies
of the said work belonging to the State, and deposited in the Li-
brary, under several acts of Assembly, providing for the purchase
of one hundred and ninety copies of said work. The State Li-
brarian justifies himself on the ground that his predecessors have
from time to time been in the habit of exchanging surplus copies
of the different volumes of reports for other similar works be-
longing to other States as well as elementary law works, desirable
to be obtained for the Library. Your Committee are unable to
say what has been the practice performed by the predecessors of
the present incumbent. They have no difficulty in saying how-
ever, that in their opinion there is no authority of law to justify
the Librarian to dispose of so large an amount of the property of
the State, as appears by his reply to an order of this House in
relation to the sale of books from the Library, as well as his re-
port to the Committees of the Senate and House of Delegates.
In this opinion the Governor also fully concurs, after a full inves-
tigation of all the acts of Assembly on the subject. The act of
1852, chapter 351, is express in its terms, that the surplus re-
ports of the Court of Appeals shall "be deposited in the State
Library subject to the disposition of the General Assembly. By
the several acts of Assembly purchasing the Maryland Chancery
Decisions, they are deposited in the State Library subject to the
provisions of the act of 1852. Neither the reports of the Court
of Appeals or the Chancery Decisions can be lawfully sold or ex-
changed by the Librarian, without express authority for that pur.
pose from the General Assembly. Resolution 53, 1851, confers
no power oh the Librarian, in the premises. If that resolution is
unrepealed by the act of 1852, the power to dispose of surplus
copies of reports and other books is not in the Librarian, but by
the express terms of the resolution, conferred on the joint com-
mittee on the State Library, aside from the want of lawful au-
thority on the part of the State Librarian to sell the works in
question, your Committee are compelled to disapprove of it, as
an act of injustice to the publishers of said works and in com-
promise of the implied faith of the State towards them.

Your committee are also informed that the Chancery Decisions
have been disposed of in such a way, as to leave a number of
broken sets in the Library. This is an act, which must be con-