Consequent on an increasing disposition in Germany to curtail

the revisiting of their native country by Germans who had

become naturalized citizens of the United States, the American

Ambassador to Berlin discussed the subject with the German

Foreign Minister, on the 12th of August, 1902, and reported

the substance of the conversation to Washington: "Statements

were made on the part of the embassy as follows: No sympathy

whatever is felt with the person who deliberately emigrates

and avails himself of the American naturalization laws for the

mere purpose of escaping military service in Germany, and

there is no wish on the part of the American authorities to

enable such persons to make a convenience of their American

naturalization. The embassy has also consistently declined to

intervene in behalf of persons whose wish was to make their

permanent residence in Germany. It is thought, however, that

where German emigrants have fulfilled the conditions necessary

to entitle them to ‘be treated as American citizens’ they

should actually be so treated, and when they have emigrated in

good faith they should be permitted to sojourn in Germany, for

their business or pleasure, to visit at their former homes, or

to enjoy the benefits afforded by German watering places,

etc., in accordance with the terms of the treaty with Prussia

of 1828. The sovereign right of Prussia to expel persons whose

presence is not considered desirable is not contested, but it

is thought that the American Government has the right to know

why the presence of any American citizen is so considered.

"Dr. Von Mühlberg’s attention was called to a number of cases

now pending, where naturalized American citizens have received

orders to leave the country after a stay of a few weeks. He

said that he would take the matter up personally and would

communicate with the Prussian minister of the interior in

regard to it at once."

{444}

In reply from the Department of State at Washington, the

action of Ambassador White was approved, and it was said

further: "You should lose no suitable opportunity to press and

to emphasize the considerations which you advanced in your

interview with Dr. Von Mühlberg. The essence of the right of

expulsion which the German States claim is that it should be

reasonably and justly applied in cases obviously calling for

so extreme a measure. Expulsion should not be invoked

indiscriminately, so as to operate as a deterrent to the

exercise of the rights of expatriation and acquisition of new

allegiance granted under the naturalization treaties, or so as

to neutralize, by indirection, treatment stipulated thereafter

regarding the recognition of the new national character."

_Papers relating to the Foreign Relations of

the United States, 1902, page 441._

The doctrine of citizenship stated by Ambassador White on this

occasion was embodied subsequently in a new citizenship law,

which came into force on the 2d of March, 1907. The new law

was based on a report made by an official commission, one of

the members of which has written of it as follows:

"When a future historian shall write an account of the

achievements of this the most remarkable administration of our

government since the Civil War, he will give prominent place

to the naturalization law of a year ago and the citizenship

law which was approved last March and is now becoming

effective; for these two measures are the culmination of a

hundred years of effort for reform, and affect the very

foundation of our political structure. …

"So far as the naturalization law is concerned, the objections

to it come chiefly from petty courts throughout the country

which are now not permitted to naturalize, and which formerly

derived part of their prestige and their fees from

naturalization business. Dissatisfaction with the new

citizenship law flows from those people who have been living

abroad in fancied security of their American citizenship, and

who now find themselves obliged to take positive steps to

preserve a status which they have heretofore supposed attached

to them indefinitely, without the performance of any

obligations on their part. Both of these laws originated in

the House of Representatives, but each resulted from a report

made by executive officers, and the Senate can claim little

agency in them. The citizenship law was based upon a report

made to Secretary Root by a board of officers of his

Department, the members being James Brown Scott, the Solicitor

for the Department of State, David Jayne Hill, our Minister at

The Hague, and the writer of this article, with Samuel B.

Crandall, Ph. D., of the Department as Secretary. … From this

report sprang a bill, introduced in the House by the Honorable

James Breck Perkins of New York, which became a law on March

2nd.

"The law does not change or even modify the American doctrine

of citizenship. That was already settled by the Constitution

and the decisions of the Supreme Court. Anybody born in the

United States, no matter what his race, unless he is an Indian

living with a tribe, or however ineligible to our citizenship

he may be for any other reason, is a citizen of the United

States. …

"Broadly speaking, an individual becomes a citizen of the

United States by birth or naturalization, and these facts have

been well settled; but how does he lose American citizenship?

This was the question to which the citizenship board chiefly

addressed itself, and which Congress settled a few months ago

by declaring that an American shall be held to have

expatriated himself when he becomes naturalized as a citizen

of another country, or when he takes an oath of allegiance to

another state, or when he lives permanently outside of the

United States without intent to return. …

"We have had a constantly increasing number of so-called

American citizens living abroad—men who have lived in the

United States for only five years and in many cases have

fraudulently secured naturalization papers after less than

five years of residence; who never were really domiciled

there; who never have performed any of the duties of American

citizenship and who never intended to do so. … Until the new

naturalization law went into effect, it was not actually

against the letter of the law for a man to commit this fraud;

for, when he applied for citizenship, he was required merely

to show that he had resided in the United States for five

years, and no inquiry was made concerning his future

intentions."

_Gaillard Hunt,

The New Citizenship Law

(North American Review, July, 1907)._

NAVAL CONFERENCE, INTERNATIONAL, AT LONDON, 1908-1909.

_See (in this Volume)

War, The Revolt against: A. D. 1907

(appended to account of Second Peace Conference

at The Hague)._

NAVIES.

See (in this Volume)

WAR, THE PREPARATIONS FOR: NAVAL.

NAVIGATION LAWS:

Proposed British Imperial Policy.

See (in this Volume)

BRITISH EMPIRE: A. D. 1907.

NEERGAARD, M.: PREMIER OF DENMARK.

See (in this Volume)

DENMARK: A. D. 1905-1909.

NEGRO PROBLEMS, IN THE UNITED STATES.

See (in this Volume)

RACE PROBLEMS: UNITED STATES.

NELIDOW, M.:

President of the Second Peace Conference.

See (in this Volume)

WAR, THE REVOLT AGAINST: A. D. 1907.

NETHERLANDS: A. D. 1870-1905.

Increase of Population compared with other European Countries.

See (in this Volume)

EUROPE: A. D. 1870-1905.

NETHERLANDS: A. D. 1902.

Offer of mediation between Great Britain and the Boers.

See (in this Volume)

SOUTH AFRICA: A. D. 1901-1902.

NETHERLANDS: A. D. 1903.

Laws against Railway Strikes.

Failure of General Labor Strike to prevent their Enactment.

See (in this Volume)

LABOR ORGANIZATION: NETHERLANDS: A. D. 1903.

NETHERLANDS: A. D. 1903.

Agreement for Settlement of Claims against Venezuela.

See (in this Volume)

VENEZUELA: A. D. 1902-1904.

NETHERLANDS: A. D. 1904.

Military operations against the Atchinese.

A Dutch military expedition against the long-insurgent natives

of the old Sultanate of Atchin, in Sumatra, which was said to

have carried death to a thousand women and children, gave rise

to stormy scenes in the Netherlands when its session was

opened in September. The excuse of the Government was that the

warriors used the women and children as shields.

{445}

NETHERLANDS: A. D. 1905-1909.

Defeat and Fall of the Calvinistic Party of the

Reverend Dr. Kuyper.

The Suffrage and Education Questions.

The six principal Parties.

Success of the groups of "the Right" in the latest Elections.

Elections to the lower chamber of the States-General, held in

June, overthrew the Conservative majority in that body and

gave the Liberals a small majority of 4. An important issue

between parties had been on the question of universal

suffrage, but the support given to its advocates was not

strong enough to justify immediate attempts on their part to

carry any measure of law. A royal Commission was appointed,

however, to investigate and report generally on the need or

expediency of a revision of the Constitution. The defeated

Ministry of Dr. Abraham Kuyper represented an

ultra-Calvinistic Church element in politics, and its defeat

appears to have been due in the main to educational laws which

it had carried through. According to the Dutch review, _De

Gids_, from which the following has been translated, the

aim of the new laws and the objection to them were much the

same as in the English controversy over the Education Act of

1902, when church and clerical influences carried the day

against the supporters of secular schools. "These educational

laws," said _De Gids_, "were unanimously supported by, if

they did not wholly originate with, the clericals, or the

Anti-Revolutionary party, as they call themselves, of which

Dr. Kuyper is the astute and able leader and head. They had

the undivided support also of the Catholics, but were

strenuously opposed by the Liberals and all the

anti-clericals, including the Social Democrats. The

Anti-Revolutionists and Catholics on the one hand, and the

Liberals and their allies on the other, form, respectively,

the Right and Left in the Chambers."

Since 1905 there seems to have been little if any change in

the Dutch parties. On the approach of the quadrennial general

elections of June, 1909, a correspondent of the London

_Times_ wrote of "the complex grouping" of the political

parties contending in them: "There are six which may fairly

claim to be important. The largest is probably the Catholic.

It is estimated that a third of the population is Catholic by

religion, and of the Catholics a very large proportion belong

to the Catholic political party, and vote consistently in

accordance with the commands of its leaders. Next to the

Catholics come the strict Calvinists, who have been organized

by Dr. Kuyper into a compact and most formidable party,

generally called the Anti-Révolutionnaire party. It finds its

chief supporters among the rural population and the petite

bourgeoisie, and owes its name to the doctrine, sedulously

preached by Dr. Kuyper, that the Radical and Liberal parties

are fomenting an anti-religious revolution, and that it is

therefore necessary to choose between Christianity and

Heathenism. This doctrine is generally known as ‘the

antithesis,’ and, though its influence has waned somewhat in

the towns, it still has considerable influence in the country.

Closely allied to the Anti-Révolutionnaire party is the

Christlijk Historisch party, which is more aristocratic, but

less energetic, with many principles but no very definite

programme. It not infrequently speaks against the Calvinist

party, but as a rule joins it when it comes to voting.

"These three parties, Catholic, Anti-Révolutionnaire, and

Christlijk Historisch, form the Right. The Left is composed of

the Old and United Liberals, the Radicals or Vrijzinnige

Democraten, and the Socialists, representing all shades of

opinion from what in England might be called Whiggism to

extreme Socialism. The questions which really divide these

parties, as distinguished from the party cries on which the

election is being fought, are Clericalism and Socialism, and a

very large proportion of the electors are not quite sure which

enemy they most fear. There is no doubt that the

Anti-Révolutionnaire party and the Catholics represent two

forms of Clericalism, while the Socialists are openly

Collectivists. The other parties, with the exception of the

Vrijzinnige Democraten, can be better described as opposed to

the two extremes than as presenting any clearly marked

characteristics of their own."

The first balloting of this election took place on the 11th of

June and the second on the 23d. The Anti-Révolutionnaires came

out of it with 23, the Catholics with 25, the Christlijk

Historischs with 12, making 60 for the groups of "the Right";

against a total of 40 in the groups of "the Left." Of this

minority only 7 were in the ranks of the Social Democrats. Dr.

Kuyper was among the defeated candidates.

NETHERLANDS: A. D. 1906.

At the Algeciras Conference on the Morocco Question.

See (in this Volume)

EUROPE: A. D. 1905-1906.

NETHERLANDS: A. D. 1906.

The Second Peace Conference at The Hague convoked by the Queen.

See (in this Volume)

WAR, THE REVOLT AGAINST: A. D. 1907.

NETHERLANDS: A. D. 1908 (April).

Treaty with Denmark, England, France, Germany, and Sweden,

for maintenance of the Status Quo on the North Sea.

See (in this Volume)

EUROPE: A. D. 1907-1908.

NETHERLANDS: A. D. 1908-1909.

Trouble with Castro of Venezuela.

See (in this Volume)

VENEZUELA: A. D. 1908-1909.

NEW BRUNSWICK: A. D. 1901-1902.

Census.

Reduced representation in Parliament.

See (in this Volume)

CANADA: A. D. 1901-1902.

NEWCOMB, PROFESSOR SIMON.

See (in this Volume)

SCIENCE AND INVENTION:

CARNEGIE INSTITUTION, AND AERONAUTICS.

NEWFOUNDLAND: A. D. 1902.

British Colonial Conference at London.

See (in this Volume)

BRITISH EMPIRE.

NEWFOUNDLAND: A. D. 1902-1905.

Negotiation and Senatorial Destruction of the Hay-Bond

Reciprocity Treaty with the United States.

In November, 1902, a Treaty of Reciprocity which would have

settled the long-standing disputes over American rights of

fishing on the Newfoundland coast, on terms of most equitable

advantage to both countries, and especially favorable to the

interests of the general public in the United States, was

concluded and signed at Washington by Secretary Hay and the

British Ambassador, Sir Michael Herbert. The Premier of

Newfoundland, Sir Robert Bond, had taken a principal part in

the negotiation, and the resulting document was known

consequently as the Hay-Bond Treaty. It secured to the New

England fishermen the coveted privilege of buying bait and

other supplies and hiring crews in Newfoundland ports; and it

admitted the greater part of American manufactures into the

island duty free.

{446}

On the other hand, it opened the markets of the United States

to the fish and fish products, the coal, oil, and ores of

Newfoundland, for the benefit of the consumers of the country.

The treaty was hailed with satisfaction by the general public

of the United States, but opposed by a few interests whose

gains might be lessened if any breach in their monopoly of the

sale of salted fish and coal and oil should be permitted. The

majority which has seldom failed of late to be retainable in

the United States Senate for the service of such private

interests, against the public good, was promptly organized by

Senator Lodge, first for pocketing the Treaty throughout more

than two years, and finally for amending it to death, in

February, 1905. The provisions that made it advantageous to

Newfoundland were cut out, and it was reduced to a state which

made it insulting as an offer of reciprocity. It suffered the

fate which, in late years, is quite certain to befall any

project of real statesmanship that has to go through the hands

of the United States Senate.

NEWFOUNDLAND: A. D. 1904.

Convention between England and France touching Fishery Rights.

See (in this Volume)

EUROPE: A. D. 1904 (APRIL).

NEWFOUNDLAND: A. D. 1905-1909.

Renewed Disputes over American Fishing Rights

on the Treaty Coast.

Arrangement of a Modus Vivendi.

Agreement on Questions to be submitted to a Tribunal

of Arbitration at The Hague.

Constitution of the Tribunal.

The endless friction that has attended the exercise of

treaty-rights by American fishermen in the Newfoundland

fisheries was freshly roughened in the fall of 1905, by a new

enactment of the provincial legislature, to prevent the sale

of bait or outfits and supplies of any nature to foreign

fishermen, and by orders from the Minister of Marine and

Fisheries forbidding vessels of American registry to fish on

the Treaty Coast. This reopened debate between the State

Department at Washington and the Foreign Office at London,

over the intentions and meanings of that first article in the

Treaty of 1818 which has been a source of incessant dispute

for ninety-one years. The following is the language of the

article:

"Article I.

Whereas differences have arisen respecting the liberty claimed

by the United States, for the inhabitants thereof, to take,

dry, and cure fish, on certain coasts, bays, harbours, and

creeks of His Britannick Majesty’s Dominions in America, it is

agreed between the High Contracting Parties that the

inhabitants of the said United States shall have, for ever, in

common with the subjects of His Britannick Majesty, the

liberty to take fish of every kind, on that part of the

southern coast of Newfoundland, which extends from Cape Ray

to the Rameau Islands, on the western and northern coast of

Newfoundland, from the said Cape Ray to the Quirpon Islands,

on the shores of the Magdalen Islands, and also on the coasts,

bays, harbours, and creeks, from Mount Joly, on the southern

coast of Labrador, to and through the Streights of Belleisle,

and thence northwardly indefinitely along the coast, without

prejudice, however, to any of the exclusive rights of the

Hudson’s Bay Company. And that the American fishermen shall

also have liberty, for ever, to dry and cure fish in any of

the unsettled bays, harbours, and creeks of the southern part

of the coast of Newfoundland, here above described, and of the

coast of Labrador; but so soon as the same, or any portion

thereof, shall be settled, it shall not be lawful for the said

fishermen to dry or cure fish at such portion so settled,

without previous agreement for such purpose, with the

inhabitants, proprietors, or possessors of the ground. And the

United States hereby renounced, for ever, any liberty

heretofore enjoyed or claimed by the inhabitants thereof, to

take, dry, or cure fish on or within three marine miles of any

of the coasts, bays, creeks, or harbours of His Britannick

Majesty’s Dominions in America, not included within the

above-mentioned limits: provided, however, that the American

fishermen shall be admitted to enter such bays or harbours,

for the purpose of shelter, and of repairing damages therein,

of purchasing wood, and of obtaining water, and for no other

purpose whatever. But they shall be under such restrictions as

may be necessary to prevent their taking, drying, or curing

fish therein, or in any other manner whatever abusing the

privileges hereby reserved to them."

With reference to the present obstruction to American fishing

in Newfoundland waters, the contention of Secretary Root was

set forth in the following propositions:

"1. Any American vessel is entitled to go into the waters of

the Treaty Coast and take fish of any kind.

"She derives this right from the Treaty (or from the

conditions existing prior to the Treaty and recognized by it)

and not from any permission or authority proceeding from the

Government of Newfoundland.

"2. An American vessel seeking to exercise the Treaty right is

not bound to obtain a licence from the Government of

Newfoundland, and, if she does not purpose to trade as well as

fish, she is not bound to enter at any Newfoundland

custom-house.

"3. The only concern of the Government of Newfoundland with

such a vessel is to call for proper evidence that she is an

American vessel, and, therefore, entitled to exercise the

Treaty right, and to have her refrain from violating any laws

of Newfoundland not inconsistent with the Treaty.

"4. The proper evidence that a vessel is an American vessel

and entitled to exercise the Treaty right is the production of

the ship’s papers of the kind generally recognized in the

maritime world as evidence of a vessel’s national character.

"5. When a vessel has produced papers showing that she is an

American vessel, the officials of Newfoundland have no concern

with the character or extent of the privileges accorded to

such a vessel by the Government of the United States. No

question as between a registry and licence is a proper subject

for their consideration. They are not charged with enforcing

any laws or regulations of the United States. As to them, if

the vessel is American she has the Treaty right, and they are

not at liberty to deny it.

"6. If any such matter were a proper subject for the

consideration of the officials of Newfoundland, the statement

of this Department that vessels bearing an American registry

are entitled to exercise the Treaty right should be taken by

such officials as conclusive."

{447}

On the British side, Sir Edward Grey raised two principal

objections to these propositions of Mr. Root: First—that "the

privilege of fishing conceded by Article I of the Convention

of 1818 is conceded, not to American vessels, but to

inhabitants of the United States and to American fishermen;"

second, that "inhabitants of the United States would not now

be entitled to fish in British North American waters but for

the fact that they were entitled to do so when they were

British subjects. American fishermen cannot therefore rightly

claim to exercise their right of fishery under the Convention

of 1818 on a footing of greater freedom than if they had never

ceased to be British subjects. Nor consistently with the terms

of the Convention can they claim to exercise it on a footing

of greater freedom than the British subjects ‘in common with’

whom they exercise it under the Convention. In other words,

the American fishery under the Convention is not a free but a

regulated fishery, and, in the opinion of His Majesty’s

Government, American fishermen are bound to comply with all

Colonial Laws and Regulations, including any touching the

conduct of the fishery, so long as these are not in their

nature unreasonable, and are applicable to all fishermen

alike."

To the first of these objections Mr. Root replied;

"We may agree that ships, strictly speaking, can have no

rights or duties, and that whenever the Memorandum, or the

letter upon which it comments, speaks of a ship’s rights and

duties, it but uses a convenient and customary form of

describing the owner’s or master’s right and duties in respect

of the ship. … The liberty assured to us by the Treaty plainly

includes the right to use all the means customary or

appropriate for fishing upon the sea, not only ships and nets

and boats, but crews to handle the ships and the nets and the

boats. … I am not able to discover that any suggestion has

ever been made of a right to scrutinize the nationality of the

crews." As for the second objection, the American Secretary

appealed to history against it. "The qualification," he said,

"that the liberty assured to American fishermen by the Treaty

of 1818 they were to have ‘in common with the subjects of

Great Britain ’ merely negatives an exclusive right. Under the

Treaties of Utrecht, of 1763 and 1783, between Great Britain

and France, the French had constantly maintained that they

enjoyed an exclusive right of fishery on that portion of the

coast of Newfoundland between Cape St. John and Cape Raye,

passing around by the north of the island. The British, on the

other hand, had maintained that British subjects had a right

to fish along with the French, so long as they did not

interrupt them. The dissension arising from these conflicting

views had been serious and annoying, and the provision that

the liberty of the inhabitants of the United States to take

fish should be in common with the liberty of the subjects of

His Britannic Majesty to take fish was precisely appropriate

to exclude the French construction and leave no doubt that the

British construction of such a general grant should apply

under the new Treaty. The words used have no greater or other

effect. The provision is that the _liberty_ to take fish

shall be held in common, not that the _exercise_ of that

liberty by one people shall be the limit of the exercise of

that liberty by the other."

As between these chief disputants in the matter, the first

result of their exchange of arguments was a ready disposition

to arrange some _modus vivendi_, under which peace might

be kept on the fishing grounds until fresh undertakings could

be planned for a lasting interpretation of the old enigmas in

Article 1 of 1818. But the provincial Government of

Newfoundland resented bitterly the imperial interference with

its measures, charging that it was in violation of a pledge

"given by the late Lord Salisbury in the House of Lords in

1891, to the effect that the colony had been given unlimited

power with respect to its internal affairs." They were

promptly told, however, that what concerned action under a

British treaty went considerably beyond the internal affairs

of their colony.

Considerable correspondence on the terms of the proposed

_modus vivendi_ brought an agreement on the 6th of

October, 1906, set forth in the following communication from

Ambassador Whitelaw Reid to Sir Edward Grey.

"I am authorized by my government to ratify a _modus

vivendi_ in regard to the Newfoundland fishery question on

the basis of the Foreign Office Memorandum, dated the 25th

ultimo, in which you accept the arrangement set out in my

Memorandum of the 12th ultimo, and consent accordingly to the

use of purse seines by American fishermen during the ensuing

season, subject, of course, to due regard being paid in the

use of such implements to other modes of fishery, which, as

you state, is only intended to secure that there shall be the

same spirit of give and take and of respect for common rights

between the users of purse seines and the users of stationary

nets as would be expected to exist if both sets of fishermen

employed the same gear.

"My Government understand by this that the use of purse seines

by American fishermen is not to be interfered with, and the

shipment of Newfoundlanders by American fishermen outside the

3-mile limit is not to be made the basis of interference or to

be penalized; at the same time they are glad to assure His

Majesty’s Government, should such shipments be found

necessary, that they will be made far enough from the exact

3-mile limit to avoid any reasonable doubt.

"On the other hand, it is also understood that our fishermen

are to be advised by my Government, and to agree, not to fish

on Sunday.

"It is further understood that His Majesty’s Government will

not bring into force the Newfoundland Foreign Fishing-Vessels

Act of 1906, which imposes on American fishing-vessels certain

restrictions in addition to those imposed by the Act of 1905,

and also that the provisions of the first part of section 1 of

the Act of 1905, as to boarding and bringing into port, and

also the whole of section 3 of the same Act, will not be

regarded as applying to American fishing-vessels.

"It also being understood that our fishermen will gladly pay

light dues if they are not deprived of their rights to fish,

and that our fishermen are not unwilling to comply with the

provisions of the Colonial Customs Law as to reporting at a

custom-house when physically possible to do so."

To explain the stipulation relative to "purse seines" it

should be said that the New England fishermen claimed to be

driven to the use of them, by the local regulations which

hampered their fishing otherwise.

{448}

As formulated in the note of Ambassador Reid the _modus

vivendi_ was accepted by the British Government and went

into effect. In due time thereafter the two Governments

entered upon a discussion of ways and means for accomplishing

a definite and final settlement of the whole question of

American rights in the Newfoundland fisheries. The outcome was

an agreement signed at Washington on the 27th of January,

1909, to the effect that the following questions shall be

submitted for decision to a Tribunal of Arbitration,

constituted as subsequent articles provide:—

"Question 1.

To what extent are the following contentions or either of them

justified?

"It is contended on the part of Great Britain that the

exercise of the liberty to take fish referred to in the said

Article, which the inhabitants of the United States have for

ever in common with the subjects of his Britannic Majesty, is

subject, without the consent of the United States, to

reasonable regulation by Great Britain, Canada, or

Newfoundland in the form of municipal laws, ordinances, or

rules, as, for example, to regulations in respect of

(1) the hours, days, or seasons when fish may be taken on

the Treaty coasts;

(2) the method, means, and implements to be used in the

taking of fish or in the carrying on of fishing operations

on such coasts;

(3) any other matters of a similar character relating to

fishing; such regulations being reasonable, as being, for

instance—

"(a) Appropriate or necessary for the protection and

preservation of such fisheries and the exercise of the

rights of British subjects therein and of the liberty which

by the said Article 1 the inhabitants of the United States

have therein in common with British subjects;

"(b) Desirable on grounds of public order and morals;

"(c) Equitable and fair as between local fishermen and the

inhabitants of the United States exercising the said Treaty

liberty and not so framed as to give unfairly an advantage

to the former over the latter class.

"It is contended on the part of the United States that the

exercise of such liberty is not subject to limitations or

restraints by Great Britain, Canada, or Newfoundland in the

form of municipal laws, ordinances, or regulations in respect

of

(1) the hours, days, or seasons when the inhabitants of the

United States may take fish on the Treaty coasts, or

(2) the method, means, and implements used by them in

taking fish or in carrying on fishing operations on such

coasts, or

(3) any other limitations or restraints of similar character—

"(a) Unless they are appropriate and necessary for the

protection and preservation of the common rights in such

fisheries and the exercise thereof; and

"(b) Unless they are reasonable in themselves and fair

as between local fishermen and fishermen coming from the

United States, and not so framed as to give an advantage

to the former over the latter class; and

"(c) Unless their appropriateness, necessity,

reasonableness, and fairness be determined by the United

States and Great Britain by common accord and the United

States concurs in their enforcement.

"Question 2.

Have the inhabitants of the United States, while exercising

the liberties referred to in said Article, a right to employ

as members of the fishing crews of their vessels persons not

inhabitants of the United States?

"Question 3.

Can the exercise by the inhabitants of the United States of

the liberties referred to in the said Article be subjected,

without the consent of the United States, to the requirements

of entry or report at custom-houses or the payment of light or

harbour or other dues, or to any other similar requirement or

condition or exaction?

"Question 4.

Under the provision of the said Article that the American

fishermen shall be admitted to enter certain bays or harbours

for shelter, repairs, wood, or water, and for no other purpose

whatever, but that they shall be under such restrictions as

may be necessary to prevent their taking, drying, or curing

fish therein or in any other manner whatever abusing the

privileges thereby reserved to them, is it permissible to

impose restrictions making the exercise of such privileges

conditional upon the payment of light or harbour or other

dues, or entering or reporting at custom-houses or any similar

conditions?

"Question 5.

From where must be measured the ‘3 marine miles of any of the

coasts, bays, creeks or harbours’ referred to in the said

Article?

"Question 6.

Have the inhabitants of the United States the liberty under

the said Article or otherwise to take fish in the bays,

harbours, and creeks on that part of the southern coast of

Newfoundland which extends from Cape Ray to Rameau Islands, or

on the western and northern coasts of Newfoundland from Cape

Ray to Quirpon Islands, or on the Magdalen Islands?

"Question 7.

Are the inhabitants of the United States whose vessels resort

to the Treaty coasts for the purpose of exercising the

liberties referred to in Article 1 of the Treaty of 1818

entitled to have for those vessels, when duly authorized by

the United States in that behalf, the commercial privileges on

the Treaty coasts accorded by agreement or otherwise to United

States trading vessels generally?"

Of the remaining articles of the Agreement, IV. and V. provide

for the determination of future questions that may arise, and

for the composition of the Tribunal of Arbitration, which is

to be chosen from the members of the Permanent Court at The

Hague.

The agreement above was formulated at a conference in

Washington between Secretary Root, Ambassador Bryce,

Honourable A. B. Aylesworth, Canadian Minister of Justice, and

Attorney-General Kent of Newfoundland. In March the following

were chosen from the general membership of the Permanent Court

at The Hague to constitute the Tribunal for this arbitration,

namely:

Dr. Luis Maria Drago, Argentina;

Jonkheer de Savornin Lohmnan, Netherlands;

Judge George Gray, United States; and

Sir Charles Fitzpatrick, Chief Justice of Canada, with

Dr. H. Lammasch, of Vienna, to be umpire on points of

disagreement.

The case for the United States was delivered to the British

Embassy at Washington, and that for Great Britain to the

American Embassy at London, on the 4th of October. A little

later it was announced that the _modus vivendi_ of 1908

had been renewed until the termination of the arbitration

proceedings.

{449}

NEWFOUNDLAND: A. D. 1907.

Imperial Conference at London.

See (in this Volume)

BRITISH EMPIRE: A. D. 1907.

NEWFOUNDLAND: A. D. 1908-1909 (November-May).

Six Months of Political Deadlock.

From November, 1908, until the following May an extraordinary

deadlock resulted from a tie between rival parties in the

House of Assembly. The situation, as described by a

correspondent of the London _Times_, was as follows:

"Each side has 18 seats. Neither, therefore, can elect a

Speaker, much less undertake the control of public business,

when Parliament meets. Sir Robert Bond, who carried 32 seats

against 4 in 1900 and 30 seats against 6 in 1904, returns with

only half the House—18 men. In the former contests Sir Edward

Morris, who now leads the Opposition against him, had been a

member of his Cabinet and his ‘right-hand man,’ and the

November results prove that Morris’s withdrawal was a serious

injury to Bond. Morris went out a year or so previously owing

to a disagreement as to raising the rate of wages on public

works, and, being the leading Roman Catholic politician of the

Island, had 14 seats, of that creed, as a solid block in

Bond’s party during all this period. It was therefore felt,

when he resigned, that this ‘solid 14’ would be broken, and

this conclusion proved correct, because Morris carried half of

them in spite of the open and avowed hostility of many of the

priests in the diocese of St. Johns."

Sir Robert Bond retained the Prime Ministry until the end of

February, 1909, when, having failed to obtain a dissolution of

Parliament and a new election from the Governor, Sir William

Macgregor, he resigned. Sir Edward Morris then took office,

and the continued deadlock made it necessary, in a few weeks,

to command a dissolution and call a new election, which was

held on the 8th of May. It broke the tie of parties

effectually, Sir Edward Morris carrying 26 seats, against 10

filled by the partisans of Sir Robert Bond.

NEWFOUNDLAND: A. D. 1909.

A Year of Misfortune and Depression.

Scant earnings from the Fisheries and from Whaling.

Attitude of the people toward Confederation with Canada.

"The Fisheries represent fully eighty per cent. of the

exports, and in order to understand the financial stringency

which has now fairly settled down upon ‘Our Cousin to the

East’ it must be borne in mind that while the catch of fish

remains about the same from year to year, the price has been

steadily increasing for the past ten years, until last year it

was double what it was a decade ago. But this year the price

has suddenly fallen to what it was at the beginning of the

decade. In other words, the value of last season’s catch will

be just about half what it was the season before; and, instead

of the merchants receiving $7,800,000 for their fish, they

will receive considerably less than $4,000,000; and the

individual fisherman who at the former price was barely able

to earn $350 will receive this year probably less than $175,

on which to support himself and family for the year, and to

provide himself with an outfit for the next season’s work.

Many of course will not receive that much. … Although other

industries are springing up in Newfoundland, the codfishery

remains the great staple and dependence of the population—the

vast majority of which are fishermen, born and bred, who do

not readily adapt themselves to other methods of earning a

living. The present depression is widespread and far-reaching,

and every form of industry and trade, business and commerce in

the Colony is suffering seriously thereby. The latest ill

report comes from Bay of Islands, to the effect that the

winter herring fishery on the west coast—the scene of the

present controversy with the United States—is a failure. Last

spring’s seal fishery was not up to the average, and owing to

many accidents to the fleet, necessitating heavy outlay for

repairs, the promoters have realized much less than they

otherwise would have secured. The whale fishery, also, which a

few years ago had assumed enormous proportions, and was

yielding handsome returns, has now almost reached the

vanishing point. To complete the sum of the Colony’s

misfortunes comes the partial suspension of [iron] mining

operations at Bell Island, during the winter months, at the

very time when the men need employment most, and when, as a

result of the lack of it, they will probably emigrate to other

countries.

"This combination of misfortune is not only causing distress

among all classes of citizens, but the government will also

keenly feel the loss of revenue; for a conservative estimate

of the reduction in the customs revenue for the current fiscal

year puts the figures at $450,000; in other words, that the

revenue will not exceed $2,000,000.

"The great drawback in Newfoundland institutions is the

disproportion between the big machinery of government and the

small population to be governed. A local politician has aptly

described it as ‘the trappings of an elephant on the back of a

rat.’"

_Edwin Smith,

The Land of Baccalhos

(Canadian Magazine, July, 1909)._

Another writer in the same number of The _Canadian

Magazine_ discusses the opposition in Newfoundland to union

with the Dominion of Canada as follows: "The political leader

who should to-day appeal to the Newfoundland electorate on the

question of Confederation would be disastrously defeated. But

on the day when the leader of a party in the Island Colony

makes up his mind to risk temporary defeat for the purpose of

accomplishing Confederation, that day brings union between

Newfoundland and Canada within the horizon of the proximate

future. That leader must—unless the financial exigencies of

the Island bring him extraneous aid—face an arduous campaign

of education, but it will be a campaign crowned with victory.

"These are the impressions left on my mind by a visit to St.

John’s made with the object of studying the political deadlock

and the causes which led up to it. … The residents of the

outports—all settlements except St. John’s are known as

outports—are opposed to Confederation because they have been

told that it would mean a heavy increase in their taxes; that

their windows, all their domestic animals and all their

personal property would be taxed. If this wrong impression

were dispelled by a campaign of education, and they understood

that instead of higher taxation Confederation would mean the

opening up of the country, bonuses for the fishermen, and new

markets for the fish in Canada and abroad through the services

of Canadian Commercial agents, instead of opponents of union

they would become its advocates."

{450}

NEWFOUNDLAND: A. D. 1909. (July-August).

The Imperial Defence Conference.

See (in this Volume)

WAR, THE PREPARATIONS FOR: MILITARY AND NAVAL.

NEW HEBRIDES: Arrangement between England and France.

See (in this Volume)

EUROPE: A. D. 1904 (APRIL).

NEW PROTECTION, The.

See (in this Volume)

LABOR REMUNERATION: THE NEW PROTECTION.

NEW YORK CENTRAL RAILROAD COMPANY.:

Fined for unlawful Rebates.

See (in this Volume)

RAILWAYS: UNITED STATES: A. D. 1909.

NEW YORK CITY: A. D. 1897.

Leadership in the Administrative Control of Tuberculosis.

See (in this Volume)

PUBLIC HEALTH: TUBERCULOSIS.

NEW YORK CITY: A. D. 1900-1903.

Beginning of Tenement House Reform.

By a steady process, accelerated in the last ten years, the

congested tenement districts of New York have become one great

aggregation of sunless and airless rooms. Immense buildings

have gone up by the thousands, five, six, and seven stories

high, in which practically no provision for ventilation has

been made; and in which the occupants are undergoing a slow

process of asphyxiation. Nor are these disadvantages confined

to the submerged proletariat. The New York tenement system is

pervasive. … Two-thirds of the total population of New York,

or 2,500,000 out of 3,500,000, live in tenement houses, a

proportion which is increasing every day. …

"It was not until Governor Roosevelt’s appointment of the De

Forest Tenement House Commission in 1900 that the necessary

remedial legislation took practical shape. This act itself was

the result of many years’ struggle against corrupt

politicians,—Tammany Hall, the self-appointed guardian of the

poorer classes, has been a bitter enemy of tenement

reform,—and against vested interests. Its long delay had

greatly exaggerated the problem; for meanwhile the conditions

described had accumulated in appalling Volume. The commission,

however, was of high civic character, and was composed of men,

several of whom had made an exhaustive study of the tenement

problem. The law which was passed as a result of their

investigation was the first sweeping and effective tenement

measure since the enactment in 1867 of the first tenement

house act. The newly elected Low administration found the

enforcement of this statute one of its most important

responsibilities. The law created a new branch of municipal

service,—the tenement house department; and gave the tenement

commission, in the shape of an elaborate code of housing laws,

important supervision over the building of new tenements and

the maintenance of old."

_B. J. Hendrick,

A Great Municipal Reform

(Atlantic Monthly, November, 1903)._

NEW YORK CITY: A. D. 1900-1909.

Subways and Tunnels.

It was not until 1900 that the building of subways for city

transit in New York was begun. The first line, from the City

Hall to Kingsbridge and the Bronx Park, was opened in 1904.

During its construction plans for its extension southerly and

under East River into Brooklyn were adopted, and contracts

were let. The original work was executed under an arrangement

with a company known as the McDonald Syndicate, whereby the

City gave its credit to secure the requisite funds and would

acquire the ownership of the subway and road at the end of

fifty years. In 1902 the interests of the McDonald Syndicate

were transferred to a new corporation, the Interborough Rapid

Transit Company, which ultimately acquired a general control

of the city railway service, and ran a crooked career to

results of disaster, so far as the public was concerned. In

1905 the Board of Rapid Transit Commissioners, then exercising

authority in this region of municipal affairs, under the New

York State Rapid Transit Act of 1891, approved plans for an

extensive additional system, comprehending as many as nineteen

routes, with various "spurs," and the Board of Estimate and

Apportionment consented to the execution of the plan.

The East River Tunnel to Brooklyn was finished early in 1908,

and the first two tubes of four Hudson Tunnels, connecting

Manhattan Island with New Jersey was opened in the last week

of February, the same year. This first pair of the Hudson

Tunnels realized a project which had been undertaken as far

back as 1878 and which had undergone two financial failures,

in 1882 and 1892. In 1902 its remains and its charter were

passed on to a third courageous company, organized by Mr.

William Gibbs McAdoo, who became the master-spirit of bold

enterprise at New York in this engineering field. In 1903 Mr.

McAdoo organized another company for the undertaking of a

connection of the Pennsylvania Railroad in Jersey City with

downtown New York, and also for connecting the uptown and

downtown tunnels by means of a north and south line along the

New Jersey water-front, so as to connect the Lackawanna, Erie,

and Pennsylvania Railroads with the tunnel system, and thereby

be able to give to their passengers an uptown and downtown

railway delivery.

The second pair of Hudson River tubes (the downtown link)

forming this New York and Jersey City Tunnel were opened on

the 19th of July, 1909. Writing of the event a few days before

its occurrence, the New York Evening Post summed up the

existing and prospective conditions of entrance to and exit

from the island of Manhattan by under-river passages as

follows:

"Since the city entered its rapid transit boom and the

practicability of sub-river tunnels was demonstrated to the

satisfaction of the leading engineers of the world, fourteen

such tubes have been under construction here. Four of them are

in operation. The downtown link of the Hudson Company’s system

will add two more, and the remaining eight are to be opened in

the course of the next two years, according to present plans.

{451}

"After the opening of the downtown Hudson tunnels, the

travelling public will look forward to the operation of the

other eight tubes, as follows: Two Pennsylvania Railroad

tunnels beneath the Hudson River and four under the East

River, meeting in Manhattan at the great terminal station now

nearing completion, between Thirty-first and Thirty-third

Streets, along Seventh Avenue; the pair of Steinway-Belmont

tunnels, deriving their name from the originator of the

franchise and the present controlling influence, running from

Forty-second Street to Long Island City and held practically

by the same men who control the operation of the

Manhattan-Bronx subway (the Interborough Company).

"The Pennsylvania tubes under the North (Hudson) River are

practically completed, and await only the finishing of the

depot, while the East River tubes, though a little behind hand

on account of difficulties met in the form of treacherous rock

ledges, are within possibly a year of opening. The

Steinway-Belmont tunnels are completed, and will be ready for

operation as soon as the company makes a satisfactory

arrangement with the Public Service Commission."

An official party in a passenger car went through the

Pennsylvania Railroad’s tubes between New Jersey and Long

Island on the 18th of November.

Work on a Fourth Avenue Subway in Brooklyn was begun November

13.

The Hudson Terminal at Cortlaudt and Church Streets is one of

the most interesting structures in the world. Below the street

is the terminal station, where all the trains "downtown"

arrive and depart. This station is wholly below tide level. It

is surrounded by a cofferdam of reinforced concrete 8 ft.

thick, 400 ft. long, and 177 ft. wide, and is sunk 95 ft. deep

to solid rock. Forty feet below the street is the track floor.

Twenty feet below the street is the great "Concourse," where

all traffic is collected and distributed to the various train

platforms underneath. On the Concourse the Pennsylvania, the

Lehigh Valley, and the Erie Railroads have ticket offices,

where tickets to any part of America may be bought. This

Concourse, which is about 1½ acres in extent, is one of the

show places of New York. Above the street level are two great

office buildings, each 22 stories in height, and containing

approximately 27 acres of rentable area.

NEW YORK CITY: A. D. 1901-1903.

Municipal Elections.

Tammany’s Loss and Recovery of the Government.

Tammany Hall suffered defeat in the municipal election of

1901, the Honorable Seth Low, formerly a notable Mayor of

Brooklyn and latterly President of Columbia University, being

carried into the Mayor’s office by a roused movement of reform

which fused the elements of opposition to the corrupting

Tammany power. Unfortunately the Mayor’s term of office had

been shortened to two years by the charter amendment of the

previous year, and the term was too brief for much depth and

thoroughness of reform; but the city was greatly cleansed

during those two years. When the next election came, in 1903,

Tammany had rallied its hungry forces and secured a highly

respectable nominee for Mayor, in the person of Honorable

George B. McClellan, son of the famous General of the Civil

War. Mayor Low, renominated by a second Fusion of opponents to

Tammany, experienced defeat.

NEW YORK CITY: A. D. 1904 (June).

The Burning of the Steamer Slocum.

A catastrophe of such horror as to be historical attended the

burning of the excursion steamer _General Slocum_, at New

York, on the 15th of June, 1904. The boat left a New York dock

in the morning with a Sunday-school picnic party aboard

numbering about eleven hundred,—nearly all women and children.

While passing through that part of the East River known as

Hell Gate, within the New York City limits, fire was

discovered in the forward part of the vessel. It was then

flood tide, and the eddies and currents in those waters are

very strong. The captain decided that it would be folly to

attempt to land on either shore, or to beach his boat. He

therefore headed the _Slocum_ for an island two miles up

stream. As the boat went forward at full steam, the

fore-and-aft draught thus created fanned the flames and

hastened her destruction. On the discovery of the fire by the

passengers, the wildest panic ensued. It was found that the

life-preservers with which the _Slocum_ was equipped were

worthless. No attempt was made to lower boats or life-rafts.

The crew were engaged in trying to cope with the fire, but

their efforts were futile. Within twenty minutes, the boat

went to her doom, and of the women and helpless children who

had embarked so gaily an hour before, more than nine hundred

were drowned or burned to death. Hundreds were saved by the

heroic efforts of policemen, river men, and the nurses on

North Brother Island, the seat of New York’s hospital for

contagious diseases, where the _Slocum_ was finally

beached. Most of those who met this awful death had come from

a single densely populated district of New York’s great "East

Side." In some cases, whole families were wiped out.

NEW YORK CITY: A. D. 1905.

Institution of the Bureau of Municipal Research.

See (in this Volume)

MUNICIPAL GOVERNMENT: NEW YORK CITY.

NEW YORK CITY: A. D. 1905.

The Municipal Election.

Especial excitements were given to the municipal election of

this year in New York by the appearance in it of William R.

Hearst, proprietor of several newspapers in the country which

are foremost representatives of the recklessly sensational

journalism called "yellow." The methods by which these papers

won a great circulation include much that can hardly be

described otherwise than as demagoguism, and many groups and

classes of people who are restlessly discontented in life,

whether reasonably or otherwise, had learned to look on Mr.

Hearst as a champion of human rights. This prepared material

from which to organize a personal following that took the

character, for a time, of a formidable political organization,

incorporated under the name of the Independence League; and

the great wealth which Mr. Hearst had inherited, and which his

prosperous newspapers replenished, was spent lavishly in

exploiting, supporting, and controlling the organization. His

political ambitions aimed high, and the mayoralty of New York

City, for which his Independence League nominated him in 1905,

was by no means the contemplated end.

The Tammany Democracy gave its nomination to George B.

McClellan, son of the famous General, while the Republican

party named William M. Ivins, a prominent lawyer of the city.

The canvas was a heated one, and as it progressed the League

of Mr. Hearst was seen to be dangerously large. As a

consequence. Republicans who feared its control of the City

government even more than they feared that of Tammany, threw

their votes for McClellan, giving him a plurality of about

3500 over Hearst, and leaving Mr. Ivins far behind.

{452}

Frauds were claimed and the election contested by Hearst and

his supporters, who secured, by order of a Justice of the

Supreme Court of the State, a recounting of the ballots in

four election districts, with the result of a gain of

seventeen votes for Mr. Hearst. Appeal was then taken to the

Appellate Division of the Supreme Court for an order directing

not only a recount but a recanvass of votes. Such an order was

granted, but set aside by the Court of Appeals, to which the

question went then; the court of last resort reversing, also,

the order under which the four boxes had been recounted. The

assertion of fraud was still maintained with vehemence, and

the legitimacy of Mayor McClellan’s title to the office he

filled was denied for more than a year. The Legislature then

passed an Act directing a recanvass and recount of the entire

ballots of the election, which had been preserved under seal.

This was a labor of months, performed under the direction of

Judge Lambert, of the Supreme Court. It gave a gain of 1094

votes to Hearst and a gain of 231 to McClellan, leaving a net

gain of 863 to Hearst, and diminishing McClellan’s plurality

in the total vote to 2791. The validity of his election was

thereupon declared.

A more successful and far more notable independent candidacy

than that of Mr. Hearst, in the New York City election of

1905, was conducted for the purpose of retaining Mr. William

Travers Jerome in the office of District Attorney for the

county of New York. He had been carried into the office on a

fusion ticket, four years before, and had performed its

important duties with a courage, a force, an independence and

a rectitude that were beyond praise. The machines of the

parties would not nominate him for reëlection; but an

extraordinary rally of the friends of good government in all

parties put him into the field, with an emergency organization

that sufficed to carry him triumphantly through. He was elected

by a plurality of about 16,000. So striking a proof of the

political popularity which a high quality of public service

can win has not often been given.

NEW YORK CITY: A. D. 1905-1909.

The Undertaking of Works for a Water Supply from

the Catskill Mountains.

In 1905 the City of New York procured authority from the

Legislature to construct the works necessary for an adequate

supply of water, additional to that which had been drawn for

many years from the Croton River for old New York and from the

Ridgewood system for Brooklyn. The source determined on was

in the Catskill Mountains, including several streams, called

creeks,—namely Esopus, Rondout, Schoharie, and Catskill,—

having a total water shed of 885 square miles, and estimated

to furnish about 770 millions of gallons daily, even in dry

years. The plan of the project in its entirety contemplates

the construction of eight great reservoirs for storing and

controlling the waters derived from these streams. The first

to be built and the largest of such reservoirs is named the

Ashokan, on Esopus Creek, about 14 miles west of the Hudson

River at Kingston, near Brown’s station on the Ulster and

Delaware Railway. Work on this was begun in 1907. It is being

constructed in the form of two basins, having a united length

of about twelve and a half miles, lying between hills which

are connected by numerous massive dams. The dams necessary to

complete the enclosure of the water have a total length of

more than five miles.

In a straight line the distance from the Ashokan Reservoir to

New York is 86 miles; but the windings of the course that will

have to be given to the great aqueduct from the reservoir to

the city will add six miles to its length. The aqueduct is to

pass from the western to the eastern side of the Hudson at

Storm King Mountain, through a tunnel in solid rock, far

beneath the river bed. From Breakneck on the western shore it

will cross a corner of the Croton watershed to a filter site,

and to two final reservoirs, the Kensico and the Hill View. In

connection with both Ashokan and Kensico reservoirs the plan

of the system contemplates an aeration of the water, by

flinging it to the air in thousands of fountain jets.

In the parts of the great concrete aqueduct that can be built

in an open cut its dimensions are seventeen feet of height and

seventeen and a half feet of width. Where it traverses tunnels

the width is reduced to thirteen feet. Its delivery of water

to New York is calculated to add 500,000,000 of gallons daily

to the water supply of the city. The undertaking as a whole is

claimed to be the greatest that any city has yet engaged in,

while the engineering work involved is said to be second only

in magnitude to that of the Panama Canal.

_Alfred D. Flinn,

The World's Greatest Aqueduct

(The Century Magazine, September, 1909)._

NEW YORK CITY: A. D. 1907 (April).

Great Peace Congress.

See (in this Volume)

WAR: THE REVOLT AGAINST: A. D. 1907.

NEW YORK CITY: A. D. 1909.

Unearthing of Corruptions in the Custom House.

See (in this Volume)

UNITED STATES: A. D. 1909 (OCTOBER-NOVEMBER).

NEW YORK CITY: A. D. 1909 (June).

The Wall Street Investigation, so-called.

Report on the Operations of the Stock Exchange and

other Exchanges.

See (in this Volume)

FINANCE AND TRADE: UNITED STATES: A. D. 1909.

NEW YORK CITY: A. D. 1909.

Renewed Struggle against Tammany, with Partial

but Substantial Success.

Although Tammany elected its candidate for Mayor in the

municipal election of 1909, its domination was practically

overthrown by the defeat of its nominees for all other offices

of importance in the City Government. A coalition of the

Republicans with anti-Tammany Democrats and other

organizations had presented a fusion ticket headed by a

prominent and much-trusted business man, Mr. Otto T. Bannard.

William R. Hearst entered the field again, as an independent

nominee, and Tammany named Judge William J. Gaynor, who had

been one of its opponents, as a Democrat, in the past. Judge

Gaynor was elected by a plurality of 73,016, the vote cast for

mayor being: Gaynor 250,678; Bannard 177,662; Hearst 153,843.

The City Comptroller, four of the five borough presidents, and

the President of the Board of Aldermen, were elected by the

Fusionists. By the election of Mr. McAneny to be President of

the Borough of Manhattan (the old New York City), a very

eminent political reformer and one of great force, was brought

into the City Government. As president of the energetic City

Club, which became a power in reform politics under his lead,

and as secretary of the National Civil Service Reform League,

Mr. McAneny had given abundant proof of his capacity and his

earnestness in work for good government.

{453}

By controlling twelve of the sixteen votes in the important

Board of Estimate, the opponents of Tammany stripped that

organization of all power over public "jobs." As the fact was

expressed exultingly in one of the journals of New York on the

day after election, "after January 1 Charles F. Murphy and his

associates no longer will say who shall have public

franchises; they, too, will no longer fix the budget, sell the

city’s bonds, and pay political debts with salary increases.

In other words, the Tiger has lost his grip on the city’s

purse-strings, and this fact, perhaps, more than any other,

has turned his den into a cavern of gloom."

NEW YORK CITY: A. D. 1909.

Proposed New Charter, not acted on in the Legislature.

See (in this Volume)

MUNICIPAL GOVERNMENT: NEW YORK CITY.

NEW YORK CITY: A. D. 1909-1910.

The Shirtwaist Makers’ Strike.

See (in this Volume)

LABOR ORGANIZATION: UNITED STATES: A. D. 1909-1910.

NEW YORK LIFE INSURANCE COMPANY:

Legislative Investigation.

See (in this Volume)

INSURANCE, LIFE.

NEW YORK, NEW HAVEN AND HARTFORD RAILROAD CASE.

See (in this Volume)

COMBINATIONS, INDUSTRIAL: UNITED STATES: A. D. 1901-1906.

NEW YORK STATE: A. D. 1899-1909.

The Barge Canal under Construction.

On the 8th of March, 1899, Theodore Roosevelt, then Governor

of New York, appointed a committee of private citizens, for

service without pay, in studying and reporting on the policy

to be adopted by the State of New York in dealing with its

canals. The appointed chairman of the committee was General

Francis Vinton Greene, and the following account of the

recommendations made by the committee is taken from a paper on

the subject contributed by General Greene to Volume XIII. of

the Publications of the Buffalo Historical Society, published

in December, 1909:

"The other members were Major Thomas W. Symons of the Corps of

Engineers, United States Army, then stationed at Buffalo in

charge of river and harbor improvements, Honorable Frank S.

Witherbee of Port Henry in the Champlain district, Honorable

George E. Green, State Senator from Binghamton in the southern

tier of counties, Honorable John N. Scatcherd of Buffalo, and

the two state officials most intimately connected with the

administration of canals, viz., Honorable Edward A. Bond,

State Engineer, and Honorable John N. Partridge,

Superintendent of Public Works.

"The request of the Governor was simply that we should study

the canal problem and advise him. … We devoted the greater

part of the year 1899 to a study of the subject, and made our

report to the Governor under date of January 15, 1900. … The

Governor promptly transmitted the report to the Legislature,

adopting the conclusions and recommendations which it

contained, and advising that legislation be enacted to carry

them into effect. This was done in successive years … ;

finally the project was ratified and adopted by an

overwhelming vote of the people in the election of 1903. …

"As to our conclusions and recommendations, the first question

to be decided was whether or not the canals should be entirely

abandoned. It was claimed by many that canal transportation

was antiquated and altogether out of date; that ‘the

railroads, with their large capital and scientific management,

their durable roadbeds, powerful locomotives, larger cars,

greater train loads, greater speed, and more certainty of

delivery, will be able now or in the early future to reduce

the cost of transportation below what is possible on the

canals.’ If it should seem probable that the railroads could

accomplish this, then it would be manifestly unwise and

improper to expend any more public money upon the canals.

"From a consideration of all [the] facts we reached our first

conclusion—which, like all the other portions of our report,

was unanimously adopted—to wit, ‘That the canals connecting

the Hudson river with Lakes Erie, Ontario and Champlain should

not be abandoned, but should be maintained and enlarged.’

"The next point to be considered was, to what extent should

they be enlarged, what size of vessel they should be adapted

to carry, and what would be the estimated cost of

construction.

"As to the proper size of the enlarged canal, widely different

views were held by engineers and by economists. Some contended

that the nine foot canal authorized in 1894 was sufficiently

large; others brought forward the supposed advantages of a

ship canal large enough to carry ocean-going steamers without

breaking bulk from Duluth to Liverpool, or any other port;

others contended that a canal of intermediate size would be

found to be the most economical, would cost the least amount

of money for the results produced, and would, in fact, produce

a lower freight rate than either the small canal on the one

hand, or the ship canal on the other.

"To these questions we gave the most careful study. The ship

canal had many glittering attractions, and there was a large

sentiment along the lakes which had found expression in Deep

Waterways conventions, which had been held in recent years and

had advocated a water route of either 21 or 28 feet depth from

Lake Erie to the Atlantic ocean. … But a careful examination

of the facts led us to the conclusion that while a ship canal

of 21 or 28 feet depth would cost enormously more than a barge

canal of say, 12 feet depth, it would not produce as low a

freight rate. …

"Having rejected the ship canal project, we had then to

consider what size of enlarged canal we should recommend. In

any event, we were satisfied that the route of the canal

should be changed so as to use the waterways of the Seneca and

Oneida rivers, Oneida lake and the Mohawk river in place of

the present route; but the question was whether the depth of

the canal should be 9 feet, capable of carrying a boat with

cargo capacity of 450 tons, or a depth of 12 feet, carrying a

boat with a cargo capacity of about 1,000 tons. With such data

as we could obtain in the short time at our disposal, and

without adequate surveys, we estimated the cost of the smaller

project at a little more than $21,000,000, and of the larger

project at a little less than $59,000,000.

{454}

"Our conclusion was in these words: ‘In our judgment, arrived

at after long consideration, and with some reluctance, the

State should undertake the larger project on the ground that

the smaller one is at best a temporary makeshift, and that the

larger project will permanently secure the commercial

supremacy of New York, and that this can be assured by no

other means.’ …

"We made a fourth recommendation in the following words:

"‘That the money for these improvements should be raised by

the issue of eighteen-year bonds in the manner prescribed by

the State Constitution, and that the interest and principal of

these bonds should be paid out of taxes specifically levied,

for benefits received, in the counties bordering in whole or

in part on the canals, the Hudson river and Lake Champlain;

such taxes to be levied in proportion to the assessed

valuation of the real and personal estate in such counties.

These taxes will amount to about 10 cents per $100 of assessed

valuation annually during the period of eighteen years.’

"Our object in making this recommendation was to disarm the

opposition of the non-canal counties. … We also submitted

statistics in tabular and graphic form showing that the

valuation of the river and canal counties was 90% of the

entire valuation of the State. In any event, they would bear

90% of the expense, and it was thought wise to suggest that

they bear the entire expense so as to remove every ground of

alleged injustice in taxing the counties which claimed to

derive no benefit.

"This recommendation was not adopted by the Legislature, nor

submitted to the people. …

"At the election the non-canal counties voted against the

project by large majorities, St. Lawrence county, for

instance, being 12 to 1 against it, and Steuben county, 10 to

1 against it; but, on the other hand, the canal counties voted

in favor of it by almost equally large majorities, New York

being 9 to 1 in favor of it; Kings, 8 to 1; Queens, 5 to 1,

and Erie, nearly 5 to 1. For some unexplained reason Monroe

county, in which Rochester is situated, and Onondaga county,

in which Syracuse is situated, voted against it. The

overwhelming vote, however, in the counties at the two

terminals, New York and Buffalo, made a majority of 245,312 in

the entire State in favor of the project, and a total vote of

1,100,708.

"Our fifth and final recommendation was as follows:

"That the efficiency of the canals depends upon their

management quite as much as upon their physical size, and that

no money should be spent for further enlargement unless

accompanied by measures which will accomplish the following

results:

"(a) The removal of all restrictions as to the amount of

capital of companies engaged in transportation on the canals,

and the encouragement of large transportation lines for

handling canal business, in place of hampering them, as has

hitherto been the case.

"(b) The use of mechanical means of traction, either steam or

electricity, in place of draft animals; and the use of

mechanical power in place of hand power for operating the

gates and valves, and moving boats in locks.

"(c) The organization of the force engaged on the public works

of the State on a more permanent basis, so as to afford an

attractive career to graduates of scientific institutions,

with the assurance that their entry into the service, their

tenure of office, and their promotion will depend solely on

their fitness, as determined by proper and practical tests.

"(d) A revision of the laws in regard to the letting of public

contracts by the State, so as to make impossible a repetition

of the unfortunate results of the $9,000,000 appropriation.

"Legislation has already been adopted to carry into effect (a)

and (c); the adopted plans for the canal are in accordance

with (b); and the specific form of contract which we

recommended in connection with (d) was not adopted, but

another form of contract was adopted which will practically

accomplish the same result.

"It only remains to speak of the cost of the project. With

such data as we had available and with such surveys as were

possible during the year 1899, we estimated the cost of the

project we recommended at $58,894,668 for the Erie Canal and

$2,642,120 for the Oswego and Champlain canals, making a total

of $61,536,788. This contemplated a canal with 12 feet depth

and suitable locks for carrying a barge of approximately 1,000

tons capacity from Buffalo to the Hudson river, but as to the

Oswego and Champlain canals, it recommended only the

completion of the work already undertaken to provide for boats

of six feet draft. … It was ultimately determined to enlarge

the Champlain and Oswego canals to the same size as the main

canal between Buffalo and the Hudson river, and also to

include the dredging of a 12 foot channel in the Hudson river,

which we had anticipated would be done by the Federal

Government. This enlargement of the project very materially

increased the cost, and in the interval between the time of

our report and the completion of the detailed report of the

State Engineer, the prices of labor and materials had very

largely advanced. In order to cover all possible

contingencies, the State Engineer carried his estimate to

$101,000,000, and this was the amount appropriated by the

Legislature and ratified by the people at the election of

1903."

_Francis Vinton Greene,

The Inception of the Barge Canal Project

(Buffalo Historical Society Publications, Volume 13)._

The first six contracts for the construction of the Barge

Canal were let in April, 1905. The state of the work at the

end of the year 1909 was announced by Governor Hughes in his

Message to the next Legislature as follows:

"The contracts in force for the Barge Canal improvement amount

in total price to $48,229,467, and the contract value of the

work performed to December 1, 1909, was $15,821,275. It is

estimated by the State engineer and surveyor that during 1910

work will be completed amounting to $16,000,000, and it is

expected that the work for the entire length of the Barge

Canal system will be under contract by April 1, 1910. At the

present rate of progress, it is said that it is not

unreasonable to expect that the Barge Canal system will be

completed by the end of the year 1914. It is further stated

that the work is being carried on within the original

estimates. This enterprise should be pushed to completion as

speedily, as economically, and efficiently as possible."

NEW YORK STATE: A. D. 1901-1909.

Legislation developing the Parole System

of dealing with Convicts.

See (in this Volume)

CRIME AND CRIMINOLOGY: INDETERMINATE SENTENCES.

{455}

NEW YORK STATE: A. D. 1905-1906.

Legislative Investigation of Life Insurance Companies and the

State Superintendency of them.

Startling Disclosures.

Remedial Legislation.

See (in this Volume)

INSURANCE, LIFE.

NEW YORK STATE: A. D. 1906-1910.

The Epoch of Governor Hughes.

The Special Significance of his Administration.

His Exemplary Fidelity to Fundamental Political Principles.

His Public Support against Hostile Party-Managers.

The election of 1906 is likely to be marked in the political

history of New York as the introduction of an epoch,—the Epoch

of Governor Hughes. The State has had a number of very notable

Governors, in both early and late times,—Governors who left a

deep and lasting impression of themselves on its history, and

who have been large contributors to its prestige and influence

as the Empire State of the American Union; but Governor Hughes

is of a type so different from any of his predecessors, and

his conduct of the Governor’s high office has been so

distinctive in principle and method, that his administration

can hardly fail, in the retrospect, to take on a special

significance of its own.

As counsel to the Legislative Committee which investigated the

scandals of life-insurance management in 1905-1906 (see, in this

Volume, INSURANCE, LIFE), the conduct of the investigation by

Mr. Charles Evans Hughes drew public attention, and made him

known so favorably that when in the autumn of 1906 the

Republican Party of the State had special need of a personally

attractive candidate for Governor, an unmistakable expression

of popular opinion directed the choice to him. The

Independence League which Mr. William R. Hearst had rallied

and organized, and which had served him the previous year in

his candidacy for the mayoralty of New York (see, above, NEW

YORK CITY: A. D. 1905), had been recruited so successfully

throughout the State, and had absorbed so much of some

elements of the Democratic Party, that the latter made terms

of combination with it, and adopted Mr. Hearst as its

gubernatorial nominee. The combination was one which the

ordinary forces acting for the Republican Party could hardly

hope to overcome; but the recent prestige of Mr. Hughes might

call out reinforcements that would save the day. It was not

willingly that the professional managers of the party

consented to his nomination, and it was not willingly that he

accepted it. He was heartily a Republican in politics, but

never active in its affairs, being devoted to his profession

and plainly reluctant to be turned aside at all from the

career it had just fairly opened before him. But he yielded,

as the party managers did, to a call from the public of the

party, and the result of the election afforded proof of the

reality and sincerity of the call. Hughes alone on the State

ticket of the Republicans was elected; Hearst alone on the

ticket of the Democratic-Independence-League combination was

defeated. Governor Hughes was thus placed, on the 1st of

January, 1907, at the head of an administration in which every

other elective office was filled by his political opponents.

This political aloneness of Governor Hughes in his office

would have mattered very little, however, if his own party

surroundings in it had been friendly and sympathetic; but very

quickly it was seen that he had conceptions of official duty

which those who controlled the machine-like "organization" of

the party, with consequent powers of influence over its

representatives in the legislature and in other official

places, could in no wise comprehend. With a degree of

precision and decision hardly matched by another executive,

this Governor had studied, constitutionally and ethically, and

had defined to himself, the obligations and limitations of his

office, and had resolved them into principles of action from

which he never swerved. In one particular, especially, this

held him to a course which some former governors had adhered

to in the main, but none, perhaps, with a consistency as firm.

In the use of two powers confided to the Governor, that of the

veto in legislation and that of appointment to many State

offices, there had always been more or less of giving and

taking between the Executive, on one side, and the Legislature

and the controlling leaders of party organization on the

other. A Governor actuated by personal motives, of ambition or

other self-interest, would use these powers freely, in

bargaining for or enforcing his desires; and a Governor who

cared for public interests alone would sometimes feel driven

to secure measures needful to that end at some price of

concession in appointments and in the approval of bills, or

some coercive use of the veto whip. Governor Hughes would do

neither, and his attitude in this matter stands out so

conspicuously as to mark in itself an epoch of great example

in the right exercise of executive power.

No Governor has ever interested himself more earnestly in the

work of the Legislature, with a watchful eye to the needs,

interests, and rights of the public and to the demands of good

government on every side. No Governor has ever taken a more

active and effective part in the production of important

legislation, and none has ever put his stamp on more of such

legislation within the same time. But all that he has done in

that line of executive duty has been strictly by

recommendation and by argument, addressed first to the

Legislature and then to the public behind it; never by any

other means. Legislatures have been coerced irresistibly into

compliance with his recommendations, by public opinion,

wakened by the Governor’s voice; never directly by him. There

has been no departure from the principle of action which he

stated once in these words: "I have not attempted, through the

use of political patronage or political machinery to coerce

anybody, and I don’t propose to do so. But under the

constitution, it is my privilege and my duty to recommend

legislation. If I mean what I say when I recommend, I ought to

be able to tell why it is recommended, and my constituency is

not the Legislature, and not any particular part of the

people, but my constituency is the people of the State, and I

propose, therefore, whenever I make a recommendation, and

there is any question about it, to tell as forcibly, as fully

and as frankly as possible why I stand for it. If it is wrong,

you will know it all the sooner; if it is right, you will give

it the support it deserves. I call that American government,

and if we had a little less trading, a little less wirepulling

and bulldozing, we would prosper to a far greater degree."

{456}

The Legislature of New York has been honored by this

highminded and respectful treatment of it, which the

highminded among its members have appreciated; but these have

been at most times a minority. The majority, obedient to

resentful party "bosses," have acted sullenly with him when

the lash of public opinion has driven them to his side, and

defiantly against him when they dared. His obstinate

antagonists have found a reflection hard to obtain.

The most signal showing of the attitude of the public toward

antagonists of Governor Hughes in the Legislature occurred in

connection with a bill, recommended by the Governor in 1907,

for the amendment of a disgraceful existing law relative to

race-track gambling. The State Constitution, as revised in

1894, prohibits all forms of gambling, and declares that "the

Legislature shall pass appropriate laws to prevent offenses

against any of the provisions of this section." In 1895 an

Act (known as the Percy-Gray Law) was got through the

Legislature, professedly in obedience to this mandate of the

Constitution, which verbally prohibited betting on races, but

penalized it only by providing that the loser of a race-track

bet might sue the winner and recover twice the amount of his

bet, while betting and gambling in other places were punished

heavily by imprisonment and fine. This scandalous favor to the

race-track interests carried a bribe at the same time to the

farmers of the State, in the form of a cunning provision of

the Act, which appropriated five per cent. of the gross

receipts of racing associations to the benefit of agricultural

societies. Repeated attempts to correct so contemptuous a

violation of the Constitution had failed; but Governor Hughes

renewed the attempt, with a feeling of reverence for Law and

for the honor of the State which could not tolerate defeat.

When the amending Bill that he recommended was put in suspense

by a tie vote in the Senate, the Governor called a special

session of the Legislature, and brought the question before

the people in speeches which made a mighty stir. The racing

interests in the State were so powerful that they almost

defied defeat, and all their influence came into play.

Meantime a special election to fill a vacancy in the Senate

was pending in Western New York, and the issue on the

race-track gambling bill was fought out there, with the

Governor in the field, contending for an honest enforcement of

the constitutional law of the State. The result of the

election gave support to that contention, and when, at the

special session, the Bill in question was again called up in

the Senate, as it could be, it was passed by a majority of

one. The Republican senators who voted against it were most of

them retired to private life by their constituents at the

senatorial elections of the ensuing fall.

Almost everything of importance in New York legislation since

Governor Hughes entered office has had its origin in his

recommendations, and has been carried by the weight of public

backing which belief in him calls out, against resisting

influences that would ordinarily have prevailed. This was

notably the fact in the case of the Public Service Commissions

Act of 1907 (See (in this Volume) PUBLIC UTILITIES), which

established an effective supervision and regulation of

corporations engaged in public services, by placing over them

two commissions, appointed by the Governor, one with

jurisdiction in New York City, the other in the remainder of

the State, both armed with large powers. The services covered

are those of railways, gas and electric light and power

companies, and the authority established over them extends not

only to their rates, but to their capitalization, their issues

of stock and bonds, their franchises, the labor conditions

under them, their equipment, and the sufficiency and quality

of the service they render. The excellence of the Act has been

proved by its working, in the hands of the commissions

appointed by Governor Hughes.

In the checking of improper legislation by his vetoes,

especially against encroachments on local rights of

self-government, and against special enactments that intrude

on general laws, Governor Hughes has been a teacher of

political principles, as importantly as in the legislative

advice which it is part of his constitutional duty to render.

He taught a great lesson to every legislative body and every

executive in the Union, when he disapproved a highly popular

bill which prescribed a fixed rate of railway passenger fares

at two cents per mile, on the ground that it was not a matter

to be dealt with summarily,—without careful investigation and

determination of the facts involved. So consistent, so

forceful, so effective a teacher, in fact, by precept and high

example, of the fundamentals of principle in political action,

has rarely appeared in any country.

That Governor Hughes was renominated and reelected in 1908 for

a second term was again by reason of a public insistence which

neither he nor the hostile manipulators of caucus-work in his

party could resist. If the election had not been coincident in

time with a presidential election the "bosses" of the party

would have refused the nomination to him at any cost. They

were able to secure a convention of delegates that would

eagerly have made that refusal; but when the Governor was

persuaded to say that he would accept renomination, they dared

not imperil the national interests of the party by flouting

demands which came from every quarter of the land. He had

become so national a figure that interest in his reelection

was nation-wide.

On the powerful movement in New York to break down the

practical exclusion of the people from the choosing of

candidates for office, which Governor Hughes inspired.

See (in this Volume)

ELECTIVE FRANCHISE: UNITED STATES:

DIRECT PRIMARY NOMINATIONS.

NEW YORK STATE: A. D. 1906-1909.

Work of Reforestation.

See (in this Volume)

CONSERVATION OF NATURAL RESOURCES: UNITED STATES.

NEW YORK STATE: A. D. 1907.

The Gift of Letchworth Park.

A noble gift to the State was made in January, 1907, by the

Honorable William Pryor Letchworth, a gentleman of distinction

in benevolent work, officially as president for many years of

the State Board of Charities, and privately, at the same time,

as a profound student of and writer on, some of the gravest of

the problems of philanthropy, especially that of the treatment

of the insane. The home of Mr. Letchworth for many years has

been on a great estate which embraces the finest and most

famous scenery of the Upper Genesee River, lying on both sides

of the cañon [canyon] down which the river plunges in three

successive falls.

{457}

The thousand acres of the estate enclose all three of the

falls. This magnificent domain, preserved in all its natural

beauty and improved with careful taste by half a century of

Mr. Letchworth’s care, has been conveyed in trust to the

State, under the future custody of The American Scenic and

Historic Preservation Society, to be forever, after the death

of Mr. Letchworth, a Public Park. A generous citizen has thus

saved from destructive uses a piece of scenery which has

hardly its equal for picturesque and varied beauty in another

part of the State.

NEW YORK STATE: A. D. 1907.

Enactment of the Public Utilities Law.

See (in this Volume)

PUBLIC UTILITIES.

NEW YORK STATE: A. D. 1907-1909.

Creation of the Probation System.

See (in this Volume)

CRIME AND CRIMINOLOGY: PROBATION.

NEW YORK STATE: A. D. 1909.

Gas Company’s Refund.

See (in this Volume)

PUBLIC UTILITIES.

NEW YORK STATE: A. D. 1909.

Historical Commemorations.

The Champlain and the Hudson-Fulton.

Three notable events of the far past were notably commemorated

in New York during the summer and autumn of 1909. The

tercentenary year of Champlain’s discovery, in July, 1609, of

the Lake which bears his name, was signalized by a week of

historical pageants, fêtes, and gatherings for speech and

ceremony, on and around the lake, beginning on the 4th of

July. France, England, Canada, and the United States were

represented in the addresses and exercises of the occasion, by

the British and French Ambassadors, the Postmaster-General of

the Dominion, President Taft and ex-Secretary Root, Governor

Hughes of New York and Governor Prouty of Vermont. A large

number of Indians took part in the pageants, occupying a

floating island constructed for the occasion on the lake, and

representing scenes of Indian life and warfare, the story of

Hiawatha, and other reminders of the time when men of their

race were the lords of the region of Lake Champlain. The

occasion was made one of great interest.

Still more of interest was given to the double commemoration,

in September, of Hendrick Hudson’s exploration of Hudson River

and of Robert Fulton’s first practically successful

undertaking of steamboating, on that river. The celebration of

the event first named was timed appropriately on its third

centennial anniversary. That of the second was belated by two

years; but the two were most fitly connected. The people of

Holland joined heartily in the Hudson commemoration, building

and sending over to New York an exact replica of Hudson’s

little ship, the _Halve Maen_, or Half Moon, in which his

voyage was made. Fulton’s steamboat, the _Clermont_, was

also reproduced for the occasion, and the two small, quaint

vessels, strikingly in contrast with the monster battle ships

and ocean liners that surrounded them, lent a singular

interest to the affair. Great Britain, France, Germany, Italy,

the Netherlands, Mexico, Cuba, and the Argentine Republic

accepted invitations to take part in the naval parades which

formed a grand feature of the celebration, and an imposing

assembly of great ships of war was shown. Eight days, from

Saturday, September 25th, until the following Saturday, were

filled with church services, school exercises, historical

exhibitions and processions, military and naval parades,

aquatic sports, carnival doings, aeroplane flights, banquets

to foreign guests, etc., at New York City, after which the

_Half Moon_ and the _Clermont_ proceeded up the

river and the celebration was continued in various towns.

NEW YORK STATE: A. D. 1909.

Defeat of the Direct Primary Bill.

See (in this Volume)

ELECTIVE FRANCHISE: UNITED STATES:

DIRECT PRIMARY NOMINATION.

NEW YORK STATE: A. D. 1909-1910.

Munificent Gifts of Land on the Hudson

for Park Purposes offered.

In his annual Message to the Legislature, January 5, 1910,

Governor Hughes announced the details of a munificent project

of gifts proffered to the State for the purpose of creating a

noble State Park on and near the Hudson River. Mrs. Mary W.

Harriman, widow of the late E. H. Harriman, offered to convey

to the State a tract of about ten thousand acres of land in

Orange and Rockland counties, to be held in perpetuity as a

State park; offering further to give the State $1,000,000 in

trust, to be used for the purchase of land lying between the

tract mentioned and the Hudson River, so that the park may

have the advantage of a river frontage. Other gifts for

similar purposes amounting to $1,625,000 were announced as a

result of the activity of the Palisades Park Commission, from

residents of New York, New Jersey, and Philadelphia. John D.

Rockefeller and J. Pierpont Morgan each subscribed $500,000;

Margaret Olivia Sage, William K. Vanderbilt, George F. Baker,

James Stillman, John D. Archbold, Frank A. Munsey, Henry

Phipps, E. T. Stotesbury, E. H. Gary, and George W. Perkins

gave $50,000 each: Helen M. Gould and V. Everit Macy

contributed $25,000 each, and Ellen F. James and Arthur C.

James jointly gave a similar amount. These subscriptions were

secured upon conditions stipulating, among other things, that

New York State shall appropriate $2,500,000 for the acquiring

of land and the building of roads and general park purposes;

that the State of New Jersey shall contribute a fair share,

and that the State discontinue work on the new State prison at

Great Bear Mountain in Rockland County, where preliminary work

on the site for a new $2,000,000 structure has been under way

for several months.

NEW ZEALAND: A. D. 1886-1893.

Extension of the Suffrage to Women.

See (in this Volume)

ELECTIVE FRANCHISE: WOMAN SUFFRAGE.

NEW ZEALAND: A. D. 1896-1908.

Twelve Years of Local Option.

The working of the Law.

Warning to the Liquor Trade.

The Vote of Women.

See (in this Volume)

ALCOHOL PROBLEM: NEW ZEALAND.

NEW ZEALAND: A. D. 1902.

Colonial Conference at London.

See (in this Volume)

BRITISH EMPIRE.

NEW ZEALAND: A. D. 1903.

The Maori King a Colonial Minister.

The old fierce conflict of the Maoris with the English

colonists in New Zealand would seem to have been effectually

ended, since the Maori King accepted a seat in the colonial

Cabinet, as a responsible Minister, in 1903.

{458}

NEW ZEALAND: A. D. 1905.

Government Ownership and Long-leasing of Land.

Its working.

Government Loans to Farmers.

The land system of New Zealand, as it was in 1895, is

described in Volume VI. of this work (see NEW ZEALAND). It has

since been carried farther on social-paternalistic lines, by

extensive expropriations or compulsory sales of large estates

to the Government, and by the institution of public loans of

capital to farmers at a moderate rate of interest. The

operation and result are thus described in a recent work:

"So far the government has lent to the farmers about

$20,000,000, but it has saved them $20,000,000 in interest,

because as soon as it came into the field with its cheap

loans, interest rates dropped everywhere. You see Shylock has

fled from these shores and will not return. The government has

never lost a cent in these loans. Reform proceeded next, with

a land tax graduated to an ascending scale, to discourage

land-grabbing, and land speculation; so that the more land a

man owns the higher is the tax-rate upon it. Thus for farms of

ordinary size the rate is two cents in every $5 of assessed

valuation; but on estates of more than $25,000 the rate

increases in regular ratio to the maximum of six cents for

every $5, except for absentee owners. They must pay fifty per

cent. more than residents. You can see that in New Zealand the

chance for fine old families and landed gentry is slim. No

doubt the theory of these things is extremely reprehensible,

but the practice is excellent. What with seizing the big

estates, and what with the graduated land tax, the size of

holdings has been so reduced that of 115,713 landowners in

1905 only 22,778 came under the operations of the augmented

land tax. The others, having small properties, paid the

smallest rate. Under the land purchase act the government has

seized 691,594 acres, mostly hunting fields and uncultivated

family inheritances. These have been partitioned into small

farms and are occupied by actual settlers. Under the operation

of all the new land laws together, the produce of New Zealand

has trebled, and the New Zealand farmer has become the most

prosperous in the world."

_Charles E. Russell,

The Uprising of the Many,

chapter 29

(copyright, 1907, by Doubleday, Page & Co., New York, 1907)._

NEW ZEALAND: A. D. 1906.

The Democratizing of Competition.

Labor Group Coöperation.

See (in this Volume)

LABOR REMUNERATION.

NEW ZEALAND: A. D. 1906-1909.

The Liberal Party and the Liberal Ministry.

Their years of Great Power.

Their Strength shaken in the latest Election.

Its Method and Result.

The new Ministry of Sir Joseph Ward.

In June, 1906, the Liberal Party in New Zealand experienced a

great loss, in the death of Mr. Richard J. Seddon, its strong

leader, and the Prime Minister of Government for some time

past. His place was taken temporarily by Mr. Hall-Jones, until

Sir Joseph Ward, then absent from the country, returned and

received the chief ministerial seat. Since 1893 the Liberal

Party had derived large majorities in Parliament from each

triennial election. The Liberal Administration had advanced

accordingly, says a recent letter to the London _Times_,

"under the banner of labour legislation, new land laws, and

State Socialism, and was strengthened in its position by the

general prosperity of the country and the expenditure of large

sums of borrowed money upon public works. At the end of last

Session, it was still at the head of affairs with a majority

(including the four Maori members) of no fewer than 46.

"In the meantime, however, the guiding hand of Mr. Seddon, the

great apostle of New Zealand democracy, had been removed from

the scene, the harsh working of the Compulsory Arbitration Act

had begun to alienate the sympathies of both employers and

workers; the anti-freehold tendencies of the present

Administration were effecting a change of feeling in the

country constituencies, and the drop in the prices of some of

our staple products, combined with the stringency in the local

money market, began to act as a check on our commercial

prosperity. Finally, the Government made some tactical

blunders." Hence the Opposition, at the Parliamentary election

of November, 1908, was greatly strengthened, though the

ascendancy of the Liberals was still maintained. The conduct

of the election and its result are described by the

correspondent already quoted, as follows: "An election in New

Zealand is conducted in a most orderly manner. The

distribution of literature, the wearing of badges, and any

touting for votes from electors on their way to the polls or

in front of the polling booths are strictly prohibited by law.

A half-holiday has to be observed in shops and offices, and

factory owners must allow their _employés_ time off to

vote. The publichouses remain closed from noon until the polls

are closed, the closing hour being in the country 6 P. M., and

in the cities 7 P. M. Time was, in the very early days, when

the polling booths were in some cases located between two

drinking saloons that did a roaring trade, and the result was

much loud disputation, bad language, and fighting. Nowadays

all that is changed, and women can walk into the polling

booths with complete unconcern. For the 76 seats 213

candidates had been nominated. Of these 114 claimed to be

Ministerialists and 52 Oppositionists, while 46 were

Independents, among whom were a few Socialists and Independent

Labourites. The result of the first ballot was that 34

Government supporters, 16 Opposition candidates, and three

Independents were elected by absolute majorities. In 23

constituencies the candidates at the head of the poll failed

to secure absolute majorities of the total votes polled, and

it became necessary to hold second ballots, the number of

these being practically double what was estimated by the Prime

Minister. … Twenty-two of these were held a week later, and

resulted in a further strengthening of the Opposition party.

One—in a widely scattered country constituency—has yet to be

held. The Government secured 12 of the seats, the Opposition

nine, and Independent Labour one. …

"The result of the elections, as a whole, is greatly to

strengthen the Opposition, and correspondingly to weaken the

Government. The next most noticeable feature about it is the

unusual change it has made in the _personnel_ of the

House of Representatives. While not a single Opposition member

of the last Parliament who stood has lost his seat, no fewer

than 17 followers of the Ministry have been relegated to

private life; while the new Parliament will contain 27 new

members out of 76.

{459}

The position of parties, with one second ballot yet to be

decided, is—Government, 45; Opposition, 25; Independent, 4;

Independent Labour, 1. At the end of last Session (excluding

Maori members) the Government were 59 strong, while the

Opposition, including one Independent, numbered only 17. Thus,

whereas in the last Parliament the Government could reckon on

a majority of 42, they cannot now be absolutely sure of a

majority of more than 15 of the European members on certain

issues. There are four Maori members still to be elected, and

as these generally vote with the party in power the assured

Ministerial majority will be 19. This should be amply

sufficient to enable Sir Joseph Ward to continue in power for

the full term of the Parliament—three years."

Early in January, 1909, the Ministry was reconstructed, the

Premier, Sir Joseph Ward, burdening himself with the

portfolios of Finance, Defence, Lands, Agriculture, and the

Post Office. This was said to be made necessary by the

inexperience in office of the new Ministers whom he called to

his side.

NEW ZEALAND: A. D. 1907 (April-May).

Imperial Conference at London.

See (in this Volume)

BRITISH EMPIRE: A. D. 1907.

NEW ZEALAND: A. D. 1907-1909.

Working of the Compulsory Arbitration Law.

See (in this Volume)

LABOR ORGANIZATION: NEW ZEALAND.

NEW ZEALAND: A. D. 1908.

Population.

The population of the Dominion of New Zealand on December 31,

1908, was estimated as follows:

Europeans 960,000;

Maoris, 49,000;

Cook Islanders, 12,000.

There was an increase of Europeans during the year of 31,000,

being at the rate of 3.36 percent. The excess of immigration

over departures was 14,000—a record; while the natural

increase was 17,000. The death-rate was 9.57 per thousand, as

compared with 10.95 in 1907; and the birth-rate was 27.45 per

thousand, as compared with 27.30.

NEW ZEALAND: A. D. 1908-1909.

Labor Strike caused by Legislation making "Miners’ Disease"

a ground of Compensation from Employers.

See (in this Volume)

LABOR PROTECTION: EMPLOYERS’ LIABILITY.

NEW ZEALAND: A. D. 1909.

Announcement of Railway-Building Policy.

See (in this Volume)

RAILWAYS: NEW ZEALAND.

NEW ZEALAND: A. D. 1909.

Act establishing compulsory Military Training.

See (in this Volume)

WAR, THE PREPARATIONS FOR: MILITARY: NEW ZEALAND.

NEW ZEALAND: A. D. 1909.

The Prime Minister’s testimony to the good working

of Woman Suffrage.

See (in this Volume)

ELECTIVE FRANCHISE: WOMAN SUFFRAGE.

NEW ZEALAND: A. D. 1909 (July-August).

Imperial Defence Conference.

Offer of a "Dreadnought" to the Imperial Navy.

See (in this Volume)

WAR, THE PREPARATIONS FOR: MILITARY AND NAVAL.

NIAGARA FALLS:

Preservation of their "Scenic Grandeur."

An Act of Congress, designed "to preserve the scenic grandeur"

of Niagara Falls, approved in June, 1906, authorized the

Secretary of War to grant permits for the diversion of water

for the creation of power to an aggregate amount not exceeding

15,600 cubic feet a second, and to grant permits for the

transmission of power from Canada to an aggregate quantity not

exceeding 160,000 horsepower. The then Secretary of War, Mr.

Taft, since elected President of the United States, after

careful investigations and hearings, granted permits for the

diversion of the maximum amount of water under the act and for

the admission of the maximum quantity of power. In reporting

his decision Mr. Taft explained why he believed that the

diversion authorized could be made without harm to the Falls:

"I have reached," he said, "the conclusion that with the

diversion of 15,600 cubic feet on the American side and the

transmission of 160,000 horse power from the Canadian side,

the scenic grandeur of the Falls will not be affected

substantially or perceptibly to the eye. With respect to the

American falls this is an increase of only 2,500 cubic feet a

second over what is now being diverted and has been diverted

for many years, and has not affected the Falls as a scenic

wonder. With respect to the Canadian side, the water is drawn

from the river in such a way as not to affect the American

falls at all, because the point from which it is drawn is

considerably below the level of the water, at the point where

the waters separate above Goat Island, and the Waterways

Commission and Dr. Clark agree that the taking of 13,000 cubic

feet from the Canadian side will not in any way affect or

reduce the water going over the American falls. The water

going over the Falls on the Canadian side of Goat Island is

about five times the Volume of that which goes over the

American falls. … If the amount withdrawn on the Canada side

for Canadian use were 5,000 cubic feet a second, which it is

not likely to be during the three years’ life of these

permits, the total to be withdrawn would not exceed ten per

cent, of the Volume of the stream, and, considering the

immense quantity which goes over the Horseshoe Falls, the

diminution would not be perceptible to the eye."

See, also, provisions of "WATERWAYS TREATY,"

in this Volume, under CANADA: A. D. 1909 (JANUARY).

NIAGARA MOVEMENT, The.

See (in this Volume)

RACE PROBLEMS: UNITED STATES.

NICARAGUA.

See (in this Volume)

CENTRAL AMERICA.

NICHOLAS II., TSAR OF RUSSIA.

See (in this Volume)

RUSSIA.

NICHOLS, ERNEST FOX:

President of Dartmouth University.

See (in this Volume)

EDUCATION: UNITED STATES: A. D. 1901-1909.

NICOLSON, SIR ARTHUR:

British Ambassador at St. Petersburg.

Convention with Russia.

See (in this Volume)

EUROPE: A. D. 1907 (AUGUST).

NIEL, M.:

The head of the Confédération Générale du Travail in France.

See (in this Volume)

LABOR ORGANIZATION: FRANCE: A. D. 1884-1909.

NIGERIA.

See (in this Volume)

AFRICA: FRENCH CENTRAL.

NIGHT RIDERS, of the Tobacco Farmers’ Union.

See (in this Volume)

KENTUCKY: A. D. 1905-1909.

NILE BARRAGE.

See (in this Volume)

EGYPT: A. D. 1902 (DECEMBER).

{460}

NOBEL PRIZES.

By the will of Alfred Bernard Nobel, the distinguished Swedish

engineer and chemist, pupil of John Ericsson and inventor of

dynamite and other explosives, five great prizes, averaging

nearly $40,000 each in value, were instituted, for annual

reward to persons who shall severally have made the most

important discovery or invention in the domain of physics,

chemistry and physiology or medicine; to the writer who has

produced in literature the most distinguished work of an

idealistic tendency, and to the person who has most or best

promoted the fraternity of nations, the abolition or reduction

of standing armies and the formation and increase of peace

congresses. The award of the two prizes first named to be made

by the Royal Academy of Science in Stockholm; the third by the

Caroline Medical-Chirurgical Institute in Stockholm; the

fourth by the Swedish Academy in the same city; the fifth by

the Storthing or Parliament of Norway.

The presentation of prizes on the first award was made with

impressive ceremonies on the 10th of December, 1901, that

being the fifth anniversary of Mr. Nobel’s death. Each year

since, the awards have been made on that anniversary day. The

recipients have been as follows:

PHYSICS.

1901

William Conrad Roentgen,

professor of physics at the University of Munich.

1902

Divided equally between Henrik Anton Lorentz, professor

of physics at the University of Leyden, and Peter Zeeman,

professor of physics at the University of Amsterdam.

1903

Half to Antoine Henri Becquerel, professor of physics

at the École Polytechnique and at the Museum d’Histoire

Naturelle, Paris, France, member Institut Française, and half

to Pierre Curie, professor of physics at the University of

Paris (Sorbonne) and teacher in physics at the Paris Municipal

School of Industrial Physics and Chemistry, and his wife, Marie

Sklodovska Curie, preceptress at the Higher Normal School

for Young Girls at Sevres.

1904

Lord Rayleigh, professor of natural philosophy,

Royal Institution of Great Britain, London.

1905

Philippe Lenard, professor of physics at the

physical Institute of Kiel.

1906

J. J. Thomson, professor of experimental physics

at the University of Cambridge.

1907

Albert A. Michelsen, professor of physics at the

University of Chicago.

1908

Professor Gabriel Lippman of the University of Paris.

1909

G. Marconi, Italy, and

Professor Ferdinand Braun of Strassburg.

MEDICINE.

1901

Emil Adolf von Behring, professor of hygiene and

medical history at the University of Marburg, Prussia.

1902

Ronald Ross, professor of tropical medicine at the

University college of Liverpool.

1903

Niels Ryberg Finsen, professor of medicine,

Copenhagen, Denmark.

1904

Ivan Petrovic Pawlow, professor of physiology in the

Military Academy of Medicine, St. Petersburg.

1905

Robert Koch, member of the

Royal Academy of Science, Berlin.

1906

Professors Ramon y Cajal and Camillo Golgi of the

Pavia university, Italy.

1907

Charles L. A. Laveran of the Pasteur Institute in Paris.

1908

Dr. Paul Ehrlich of Berlin and Professor Elie Metchnikoff

of the Pasteur Institute, Paris.

1909

Professor E. T. Kocher, Switzerland.

CHEMISTRY.

1901

Jakob Hendrik van’t Hoff, professor of chemistry

in the University of Berlin.

1902

Emil Fischer, professor of chemistry

in the University of Berlin.

1903

Svante August Arrhenius, professor at

the University of Stockholm.

1904

Sir William Ramsay, professor of chemistry

in the University college, London.

1905

Adolf von Baeyer, professor of chemistry at Munich.

1906

H. Moissan, professor of chemistry at the Sorbonne, Paris.

1907

Eduard Buchner, professor of chemistry in the

agricultural high school of Berlin.

1908

Professor Ernest Rutherford of the

University of Manchester, England.

1909

Professor W. Ostwald of Leipsic.

LITERATURE.

1901

Rene Francois Armand Sully-Prudhomme,

member of the French Academy.

1902

Theodor Mommsen, professor of history at

the University of Berlin.

1903

Bjornstjerne Bjornson, author, Norway.

1904

Half to Frederic Mistral of France and

half to José Echegaray of Spain.

1905

Henryk Sienkiewicz, the author of "Quo Vadis?"

1906

Professor Giosue Carducci of Bologna, Italy.

1907

Rudyard Kipling of England.

1908

Professor Rudolf Eucken of the University of Java.

1909

Selma Lagerlof, Sweden.

PEACE.

1901

Divided equally between Henri Dunant, founder of the

International Red Cross Society of Geneva, and Frederic Passay,

founder of the first French peace association, the

"Société Française pour l’Arbitrage Entre Nations."

1902

Divided equally between Elie Ducommum, secretary of

the international peace bureau at Bern, and Albert Gobat,

chief of the interparliamentary peace bureau at Bern.

1903

William Randal Cremer, M. P., secretary of the

International Arbitration league, London.

1904

The Institute of International Right, a scientific

association founded in 1873 in Ghent, Belgium.

1905

Baroness Bertha von Suttner for her literary work

written in the interest of the world’s peace movement.

1906

Theodore Roosevelt, president of the United States,

for the part he took in bringing the Russo-Japanese war to

an end. Money set apart by the president for the establishment

of a permanent industrial peace commission.

1907

Divided equally between Ernesto T. Moneta, president of

the Lombardy Peace union, and Louis Renault, professor of

international law at the University of Paris.

1908

K. P. Arnoldsen of Sweden and M. F. Bajer of Denmark.

1909

Baron d’Estournelles de Constant, Paris,

and M. Beernaert, Holland, ex-Premier.

[For a contemporary list see

https://en.wikipedia.org/wiki/List_of_Nobel_laureates]

NODZU, General.

See (in this Volume)

JAPAN: A. D. 1904 (FEBRUARY-JULY), and after.

NOGI, GENERAL.

See (in this Volume)

JAPAN: A. D. 1904 (FEBRUARY-JULY), and

1904-1905 (MAY-JANUARY).

NOMINATIONS, Political:

By Direct Primary Vote.

See (in this Volume)

ELECTIVE FRANCHISE: UNITED STATES.

NOMINAVIT NOVIS CONTROVERSY.

See (in this Volume)

FRANCE: A. D. 1905-1906.

NORD ALEXIS, GENERAL.

See (in this Volume)

HAITI: A. D. 1902 and 1908.

{461}

NORDENSKJÖLD, DR. OTTO:

Commanding Swedish Antarctic Expedition.

See (in this Volume)

POLAR EXPLORATION.

NORDEZ, BISHOP LE.

See (in this Volume)

FRANCE: A. D. 1905-1900.

NORTHCOTE, LORD:

On the Australian Land and Immigration Questions.

See (in this Volume)

IMMIGRATION AND EMIGRATION: AUSTRALIA.

NORTHERN SECURITIES COMPANY CASE, THE.

See (in this Volume)

RAILWAYS: UNITED STATES: A. D. 1901-1905.

NORTH SEA AND BALTIC AGREEMENTS.

See (in this Volume)

EUROPE: A. D. 1907-1908.

NORTHWEST TERRITORIES, CANADIAN: A. D. 1896-1909.

Their Rapid Settlement.

The "American Invasion."

See (in this Volume)

CANADA: A. D. 1896-1909.

NORTHWEST TERRITORIES, CANADIAN: A. D. 1901-1902.

Census.

Increased Representation in Parliament.

See (in this Volume)

CANADA: 1901-1902.

NORWAY: A. D. 1902-1905.

Result of the Consular Question.

Secession from the Union of Crowns with Sweden.

Acceptance by King Oscar of his virtual Deposition.

Election of Prince Charles of Denmark to the Throne.

The discontent of Norway in its union with Sweden, especially

because it could have no distinct national representation,

consular or diplomatic, in foreign countries, is described in

Volume VI. of this work.

See (in this Volume)

SWEDEN AND NORWAY.

In 1902 a Swedish-Norwegian Consular Commission was appointed

to investigate the practicability of separate consuls for each

of the united kingdoms, with joint diplomatic representation.

The Commission produced a report very favorable to the

proposition. Prolonged negotiations followed, between

representatives of the two governments, and the outlines of a

system under which Norway should acquire a separate consular

service were definitely settled and accepted formally by the

King, on the 21st of December, 1903. When it came, however, to

the definite framing of laws for carrying the plan into

effect, irreconcilable disagreements arose. Several details of

the arrangement which Sweden insisted on implied a precedence

and superiority of standing for that kingdom in the union of

crowns which offended Norwegian pride. The Norwegian

Government objected to having its selection of consuls made

subject to the approval of the Foreign Minister of the dual

monarchy. It objected to having the King, in his commission to

them, entitled "King of Sweden and Norway"; and it rejected

the Swedish proposals on other points. When the Government of

Sweden replied that, while it might be willing to consider

some modifications of its proposals, it must maintain the

important parts of them, the Norwegian Government announced

that it had no further statements to make, indicating that

negotiation in the matter was at an end. Thereupon, on the 7th

of February, 1905, the King made public the following

statement:

"Under the present circumstances I do not see that I can

resolve otherwise than to approve of what the Foreign Minister

has proposed; but I cannot refrain from expressing to both my

peoples my hearty desire that the two kingdoms, which have now

been united for nearly a century, will never let any

difference of opinion be hurtful to the Union itself. This

Union is in truth the safest guarantee for the independence,

the security and the happiness of both my peoples."

Feeble health now compelled King Oscar to yield the functions

of royalty to his son, and the Crown Prince visited

Christiania, as Regent, to confer personally with the leaders

in Norwegian affairs. The outcome of his visit was the

resignation of the Ministry of M. Hagcrup on the 1st of March,

the formation of a new Cabinet, under M. Michelsen, and the

announcement by the latter that the Government would

steadfastly maintain the sovereignty of Norway, as an

independent kingdom, according to the words of its

constitution, the realization of which must depend on the

strength and will of the Norwegian people. All attempts in the

next three months to overcome or much modify the attitude of

Norway were unsuccessful. In May, the Storthing passed an

independent Consular Bill and laid it before King Oscar, who

had resumed his duties, and the King refused to sanction it,

saying: "The Crown Prince, as Regent, in Joint Council of

State of April 5, has already shown the only way in which this

important question can be advanced and all difficulties most

likely removed, viz., through negotiation. I entirely agree

with this view, and do not for the time being find it

expedient to sanction this law, which means an alteration of

the existing joint consular service which cannot be severed

except by mutual arrangement. … When I now refuse to sanction

this law I do so in accordance with the right conferred upon

the King."

See in Volume I. of this work

History for ready reference, Volume 7 · 第 26 / 50 章