1,042 37,827 Niagara. Oneida. Onondaga 4,657 6,583 Ontario. Orange. Orleans. Oswego. Otsego. Putnam. Queens.. Rensselaer. Richmond. Rockland. St. Lawrence. Saratoga.. 4,211 3.077 Schenectady 1,134 Schoharie.. 52 4,159 Seneca. 1,611 2,548 1,810 Steuben. 5,377 4,016 1.361 1,828 3,923 10,076 1,926 114 The opponents of free schools pursued every possible avenue of attack upon the law and even instituted proceedings in the courts in four different counties to test its constitutionality. One of these cases reached the court of appeals and in June, 1853, that court declared the law unconstitutional. This decision was based upon the form and procedure in the enactment of the law and not upon the power of the legislature or the authority of the people to provide free schools. The law was so drawn that its validity depended upon a majority of the votes being cast for its adoption and not upon the action of the legislature. The court held that the constitution conferred on the legislature the power to enact laws and that the legislature could not divest itself of this responsibility and delegate that power to the people. This decision of the court, however, had no vital bearing upon the establishment of free schools. In the campaign of 1850, involving the repeal of the free school act, the friends of that project recognized the 508 inequality of taxation produced under the 3.806 operation of that law and pledged their best efforts to correct the same by remedial legislation. The legislature of 1851 in responding to this demand authorized an appropriation of $800,000 to be raised by direct taxation for the support of the schools Iand thus laid the foundation of the free 861 112 State Education building, Albany, looking from the west on Washington avenue plex and the expense of maintaining schools The additional State aid extended to the schools did not relieve the poor from the burden of taxation for the education of their children which it had been anticipated such aid would afford. The country was growing, its business interests expanding, the simple life of the people was becoming more com The democracy of that age was taking new form. Lincoln's emancipation proclamation had been issued. The great civil war in the name of liberty and freedom had been fought. Human rights were obtaining increased recognition, human beings were regarded as more sacred than property and in 1867 the legislature abolished the old rate-bill system, increased the annual appropriation for free schools and authorized a school district tax for the maintenance of schools. The schools then really became free schools and the principle that all the property of the State should educate all the children of the State was definitely and finally asserted. The people of this generation find it difficult to believe that such a heroic fight was required in order to provide free schools, and yet our State was a leader in this great movement in the recognition of the people's rights. It was not until 1881 that the elementary schools of France were made absolutely free, and not until 1888 that similar action was taken in Germany and not until 1891 in England. The champion in the assembly of the measure which made the schools of New York really free was Smith M. Weed of Plattsburgh. Mr. Weed who is still living would relate a very interesting story of free schools while he was a member of the legislature more than fifty years ago. During most of that half century he has taken an active part in public affairs. Victor M. Rice was State superintendent of public instruction and he was a strong advocate of the abolition of the old rate-bill system. When Mr. Weed entered the assembly in 1867, he took up this question with Superintendent Rice, assisted in the preparation of the preparation of the bill, introduced the measure in the assembly and succeeded in obtaining its passage. Mr. Weed has been interested in public education all his life. William Swetland, who served as a member of the board of education in Plattsburgh for fifty-four years, was succeeded by Mr. Weed, who served over fifty years. Feeling that he had performed his duty in rendering such service as was required by his city, Mr. Weed resigned from the board. During the time he served on the Plattsburgh board, a new high school and five intermediate and primary school buildings were erected. Rounda of the State Education building, Albany, looking toward main reading room RESULT OF U Democrats elect governor and lieutenant governor- Big change in the senate Soldier vote in December may make some changes PON the face of the election returns, it appears that Alfred E. Smith, Democratic candidate, was elected governor of New York State November 5 by a plurality ranging from 10,000 to 15,000 over Governor Whitman, officially known until December 19 when it will be announced by Francis M. Hugo, secretary of State. While the DemIocratic leaders are : confident that Mr. : Smith is elected, the result is disputed by Governor Whitman and George A. Glynn, chairman of the Republican State committee. The remainder of the Republican State ticket was elected by varying pluralities. James L. Wells, State treasurer, seems to top the list with Francis M. Hugo, secretary of State, second. who registered but did not vote on election day. The total vote for State officers appears to have been only a little more than 2,000,000 in the State. As nearly 3,000,000 were registered, probably 900,000 voters failed to record themselves for any candidate on the State ticket. Mr. Smith and the other Democratic nominees seemed to have profited from this stay-at-home vote. As has been its custom, the New York Herald took a straw vote in every section of the State for four or five weeks preceding election. These votes, printed from day to day, indicated that there was a decided drift of Republicans from Governor Whitman, two years ago, to Mr. Smith this year. The total Herald vote was about 75,000 and, based upon the number given to the three candidates for governor, Republican, Democratic and Socialist, the Herald, on the Sunday preceding election, predicted that Smith would be elected by a plurality approximating 56,000. Governor-elect Alfred E. Smith Not the least remarkable feature of the election was the number of men and women As the Herald forecast has usually been a fair index of what was going to happen on election day, the defeat of Governor Whitman was not altogether a surprise to the public. Two weeks before election, political leaders agreed that the contest would be a very close one. As had been expected, Mr. Smith's vote in New York city, where he carried all five boroughs, was unprecedentedly large. He was also given more than the normal Democratic vote in nearly all of the cities outside of New York including Buffalo, Rochester, Syracuse, Utica, Albany and Yonkers. On the other hand, Governor Whitman did not receive the full Republican vote in the rural districts, as had been expected. It was stated by some of his friends that Republican farmers. in different sections of the State refused to vote at all. As estimated by men who have been in close touch with the taking of the New York soldier vote in the different cantonments in this country and on the battle ships in Europe, Mr. Smith will receive 65 per cent of the soldiers' support. Nothing definite as to this vote, however, can be stated until the vote is announced officially December 19 by the secretary of state. the governor, therefore, to obtain the support of at least four Republicans in the senate, assuming that the Democrats will all vote with him, to confirm appointments, or enact any legislation that he may desire. On the other hand the Republicans will be unable to muster the necessary two-thirds vote in the senate to overcome the veto of the governor. It is not the first time that the governor of one party and State officers of another party have been chosen at the same election. In Lieutenant-governor-elect Harry C. Walker 1906, Charles E. Hughes, Republican, was elected and all of the other State officers, including even the lieutenant-governor, were Democratic. That was the year when Mr. Hughes defeated William R. Hearst. Two years later, Governor Hughes was reelected with all of the State officers Republican. Governor Hughes, however, had the advantage of a legislature of his own party. Friends of Governor-elect Smith predict it will be an era of good feeling and that there will be no serious friction between the executive Both the State senate and assembly will and the legislative branch of the government. I have a Republican majority. Unless Mr. They base this upon the well known ability Smith can obtain a majority of the 51 of Mr. Smith to reconcile differences and to ments, he will not have an entirely free hand except upon fundamental questions. senators to agree with him in his appoint- avoid bitter party contests in the legislature in the selection of appointees to take the place of officers whom he may remove. There will be more than the usual number of changes in the State senate. Both of the The next senate will have 29 Republicans party leaders in that body, Elon R. Brown and 22 Democrats. It will be necessary for and Robert F. Wagner, have retired. Other |