1867, in which office he continued his efforts for sanitary reform; under reappointments by Mayors Hall and Havemeyer, his full term as commissioner of health of the city of New York covered the years 1868-1875. During this period Dr. Smith advocated improved tenements, public baths, a supply of river water for cleansing purposes, cheap railroad transit and the planting and cultivation of shade trees, all of which progressive policies have since been brought about. He is now in 1918 president of the tree planting association of New York, and actively carrying on a propaganda in its behalf. Shortly after his reappointment by Mayor Havemeyer in 1872, Doctor Smith led in the organization of the American public health association, of which he was president for the first three years. He also secured the passage of a law creating a bureau of vaccination in the metropolitan board of health, which relieved New York of epidemics of smallpox, which until then had been prevalent. As the result of the operations of the law creating the metropolitan board of health, New York has become one of the healthiest cities of the world, its mortality having since been reduced from 34 to 12 per thousand.

"While still a member of the metropolitan board of health, Doctor Smith drafted a bill for a national board of health, and upon its passage in 1878 he was appointed a member of the board by President Hayes, and served upon it four years, 1879-1883. The bill creating a New York State board of health was also drafted by him, and almost singlehanded he secured its passage by the legislature in 1880. The long and valuable services of Doctor Smith to the cause of public health were later recognized by President Cleveland, who selected him as one of three delegates from the United States to the Ninth international sanitary conference, which convened at Paris in 1894. A complete review of his work for competent

supervision of the public health was given by Doctor Smith in his book The City That Was,' published in 1911. In this he described the shockingly insanitary conditions which prevailed in the city of New York before the creation of the metropolitan board of health.

"When in June, 1881, Governor Cornell appointed Dr. Stephen Smith commissioner of the State board of charities for the first judicial district, he brought again into the public service of the State a philanthropic scientist supremely well equipped by nature and training for the adequate discharge of the duties of the office. In May, 1882, however, upon the request of the governor, Doctor Smith resigned his seat on the board to accept the important appointment of State commissioner in lunacy, which office was created at the instance of the State board of charities in 1873. The commissioner was a quasi ex-officio member of the State board of charities, and made full report of all his official acts and visitations to the said board from time to time. During the six years of his incumbency as State commissioner in lunacy, which expired May 9, 1888, Doctor Smith attended the meetings. of this board and maintained close and cooperative relations with it.

"Doctor Smith began his new work with the wisdom and energy which have always distinguished him. The first training school for nurses in a State hospital for the insane was established, and on his recommendation, at the Buffalo State hospital for the insane in 1884. He aided in the organization, and in 1886 delivered an address to the first graduating class. Such schools are now established in every State hospital for the insane. He was an early advocate of State care for the dependent insane, and in 1884, six years before the passage of the State care act, drafted a bill providing for the removal of the insane from the county poorhouses and county asylums to the State asylums,

but for lack of official indorsement failed to secure its enactment. Subsequently, in 1886, he drafted a new bill of similar purport and submitted it to the State charities aid association, which declined to act on it until the

Dr. Stephen Smith at 28

following year, when it was taken up in modified form by the association, and with the aid of the recently created State commission in lunacy, it became law in 1890, and is now known as 'The State Care Act.' Doctor Smith also drafted the original bill creating the commission referred to, which was enacted in 1889. In a little volume which came from the press in 1916, entitled 'Who Is Insane?' Doctor Smith gave a commentary of his work as State commissioner in lunacy, so written as to make its subject interesting to the general reader.

"Doctor Smith again took his seat as a member of the State board of charities for New York county on March 30, 1893, by

appointment of Governor Flower. reappointed by Governor Black March 23, 1898; by Governor Higgins May 5, 1905; and by Governor Sulzer March 24, 1913, for a term expiring May 28, 1921. His resignation bears date February 6, 1918. The State board elected Doctor Smith vicepresident May 27, 1903, and he filled this office by successive annual re-elections unanimously tendered him until April 9, 1913, when he declined to accept another term. In his attendance at board meetings and committee meetings he was most faithful. The records show that of the last hundred meetings of the board, all of which were held since he passed the age of four score years, he was present at ninety-six. While serving as vice-president Doctor Smith was elected president of the thirteenth New York State conference of charities and correction, which convened at Syracuse, and presided over its sessions, November 19-21, 1912.

"Under the provisions of the State constitution of 1894, the State board of charities became a constitutional body with greatly increased duties and powers, and was required to visit and inspect not only the public charitable institutions, but those under private management as well. This obligation necessitated the organization of a corps of inspectors to cover the enlarged field of work. In the selection of the inspectors from the civil service lists and in their training Doctor Smith was most active and useful, devoting his vast experience freely to this service. The high standards thus established, both for the inspectors personally and for the character of their work, have now become traditional on the board's staff.

relief for the deserving poor, and at the same time to protect them from exploitation at the hand of unscrupulous practitioners, long advocated by the State medical society, took definite form in 1897. Doctor Smith aided in preparing a bill and securing its enactment into law, in 1899, placing in the hands of the State board of charities authority for licensing and supervising dispensaries, which has since been so exercised as to improve greatly our system of charitable medical relief for the sick poor.

"As chairman of the board's committees on inspection, on hospitals, on dispensaries, and on construction of buildings, he presided at many meetings where important action was taken, and in connection with their work visited charitable institutions in every part of the State. His knowledge of hospital planning and construction, painstakingly applied to the consideration of plans presented for the board's approval, has resulted in the general erection of better hospitals. One of his most recent papers presents a plan for an organized hospital system for the city of New York. The records of the board show that Doctor Smith also rendered important public service upon thirty special committees appointed from time to time for the investigation of alleged abuses or for some other purpose not covered by the standing committees. The published reports of many of these committees came from his pen.

No one was more welcome than Doctor Smith as an official visitor to the charitable institutions. His inspections, based on a wide and general knowledge of the highest standards, were most searching, but the kindliness of his manner disarmed all resentment at criticism. It was well said of him that His medical science was a golden key at his girdle which opened doors to all hearts in every circle of society.' All over the State of New York standards of institutional construction are higher, and the staffs of employees within them are better trained and

more humane because of the quiet persevering work carried on to this end for more than two generations by Doctor Smith.

"Erect, broad-shouldered and of unimpaired intelligence at ninety-five, Doctor Smith retires from our councils to complete literary work upon which he is now engaged. We have rejoiced in his friendship and the intimate association with him in the public service, and take pride in his long and fruitful career. We venerate his dignified and mellow old age, and hope that peace and happiness may abide with him for the remainder of his days.

"Resolved, That the foregoing minute relating to the long, faithful and valuable public services to the people of the State of New York of Dr. Stephen Smith, lately resigned as a member of the State board of charities, be entered on the records of the board, transmitted to the legislature with the fifty-second annual report of the board, and that a copy be sent to Doctor Smith.

"Resolved, That in further and exceptional recognition of his services, the secretary of this board is directed to invite Doctor Smith to attend all meetings of the board and of the committees of which at the time of his resignation he was a member."

CLEAR THE WAY

Men of thought be up and stirring night and day:
Sow the seed-withdraw the curtain clear the way!
Men of action, aid and cheer them, as ye may!
There's a fount about to stream,

There's a light about to beam,
There's a warmth about to glow,
There's a flower about to blow;

There's a midnight blackness changing into gray.
Men of thought and men of action, clear the way!
Lo! a cloud's about to vanish from the day;
And a brazen wrong to crumble into clay.
Lo! the right 's about to conquer; clear the way!
With the right shall many more
Enter smiling at the door:
With the giant wrong shall fall
Many others, great and small,

That for ages long have held us for their prey.
Men of thought and men of action, clear the way!

- CHARLES MACKAY.

H

ERCULEAN task it was the pioneers of 1802 performed in erecting the largest court house west of the Genesee river at Batavia, and at Batavia, and mighty forces of the fire fiend were several hours in leveling that famous historic structure Ellicott Hall on the morning of February 5, 1918.

Joseph Ellicott, the grand signior of this domain, the founder of Batavia, who for 21 years administered the affairs of the Holland Land company, being the first agent on the Holland Purchase in Western New York, began the plan in 1802 for a court house and jail here, having stipulated in an agreement with the State legislature that these buildings should be constructed at the expense of the Holland Land company. Isaac Sutherland and Samuel F. Geer were the architects of the structure. It required three days to raise the frame, which was set up November 1, 1802, all available men in the surrounding country and many from Buffalo, then a small village, being required to place the exceedingly heavy, almost exclusively oak, timbers. It was masterpiece when finished as perfect as mallet and chisel could make it. Although the building was not completed until 1804, the first session of the Genesee county court was held in Ellicott Hall, named after its illustrious sponsor, in the spring of 1803.

The north half of Ellicott Hall, facing Main street, was used as a court room and jail. The east entrance was from Court street. The south side was fitted up as a tavern and was occupied as such until 1820, when it became the residence of the jailor. In 1850, a brick jail having been erected on

West Main street opposite Oak street, the building became the meeting place for religious societies and a town hall. For decades the hall on the second floor was the mecca of society, events memorable throughout Western New York transpiring there. Ellicott Hall became the property of the city of Batavia on January 1, 1915. Its estimated value, with contents, when destroyed by fire was $20,000, but its loss from an historical standpoint is incalculable.

When the first Genesee county court convened in Ellicott Hall in Batavia in June, 1803, the judges were Ezra Platt, John H. Jones and Benjamin Ellicott. Nathan Perry was an associate justice. In November, 1803, the first issue joined in a court of record west of the Genesee river was tried in Ellicott Hall, being the case of Rufus Hart vs. Erasmus Enos. The first murder case in Genesee county was tried at the June, 1807, term, the Hon. Daniel D. Tompkins. being the presiding judge. being the presiding judge. James McLean was indicted for the murder of William Orr near Caledonia Springs. McLean, who also killed a man named McLaughlin who endeavored to rescue Orr, was found guilty. A vast crowd from the country, as far east as Rochester and westward to Buffalo, came to Batavia to witness McLean's execution.

Mrs. Elizabeth Taggart, wife of Moses Taggart, who was Genesee county judge and surrogate from 1859 to 1866, was born in Ellicott Hall on July 2, 1814. Her father, Aaron Van Cleve, was sheriff from 1811 to 1814 and resided in the building. The structure was also at one time the headquarters of the 14th Separate company, New York State National Guard. The

building was dedicated to the memory of Joseph Ellicott on October 26, 1898, after it had been rejuvenated and made perfectly good apparently for another century of

use.

Within the portals of Ellicott Hall had trodden the heavy booted feet of the sturdy white men who conquered the forests and

made space for Western New York civilization, and the moccasined feet of Iroquois chieftains, regal monarchs of their day. Red Jacket was a frequent Batavia visitor early in the nineteenth century. General Eli Parker, the great Seneca chief, valiant defender of the Union in '61, served with distinction on General Grant's staff.

This is the third and concluding article by Mr. Whipple on what should be done to save the forests of New York State. In the two preceding, he described what had been accomplished in European countries and during the early

settlement of America to conserve trees. He also told in some detail how conservation of natural resources had been given special attention during the administration of Theodore Roosevelt. In the present article, Mr. Whipple shows what has been done in this State during the last 12 or 15 years and what remains to be done to save for the people a great heritage.— EDITOR.

T

HERE is great advantage in planted forests over natural forests. Density of forest growth is all important. That can be obtained in uniformity only by planting. Unless the growth is dense, close together, the trees will not do well. A tree standing alone grows to limb, is short, and produces little or no lumber of value. If close together they grow tall, have few limbs, and one tree will make several saw logs and produce much clear stuff lumber.

A natural forest in the Adirondacks may produce, if good, eight thousand board feet of lumber to the acre, sometimes more, but usually less. A planted forest of pine, when mature, will produce from fifty to eighty thousand board feet of lumber on an acre. Therefore, we must, for this reason, in

addition to all the others, plant forests. We must have tree gardens, many and big gardens. We now have about fifty acres of tree gardens and five or six million acres of land that ought to be planted to trees. That is ten acres of tree gardens to each million acres of land.

Saxony has one acre of land growing tree plants to every one thousand acres of land to be planted with trees. We have scarcely commenced. We are behind all others in this important work. Even Japan, a country whose doors we opened, not more than seventy-five years ago, letting in the light of a higher civilization upon the darkness of her Oriental exclusiveness — even that nation is far ahead of us in this great work. Are we going to try to catch up? We must, or gradually, eventually, the land will perish. There is too great destruction of forests. The proof, both ancient and modern, is abundant. The disastrous results, even in this country, may be seen on every hand. Erosion, dry spring holes, dry creek beds, greater floods, the gradual receding of the general water level in the earth, and the widening of the arid belt as the forests disappear from the eastern and western