NEW MEXICO

ROBERT MCNUTT MCELROY.

onment in cases of violation of regulations. | J. W. Barker and H. Howe, Historical CollecThe law expressly provided that no increase of tions of the State of New Jersey (1847). rates shall take effect until the Public Utilities Commission has determined that they are reasonable and just; (5) The Walsh Commission Act which provides that any city or town in the state may adopt the commission form of government on a vote of thirty per cent of those who vote at the last previous election. The bill also provides for the institution of the initiative, referendum and recall.

NEW MEXICO. The present state of New Mexico is a part of that vast territory to which that name was given by Spain in 1551, and which continued under Spanish or Mexican rule until ceded to the United States by the treaties of 1848 and 1853 with Mexico (see ANNEXATIONS TO UNITED STATES). The Span

BOUNDARIES OF THE TERRITORY AND STATE OF NEW MEXICO, SHOWING TERRITORIAL CHANGES Population. In 1790 the population of New | ish influence upon its government has, however, Jersey was 184,139; in 1850, 489,555; in 1900, 1,833,699; in 1910, 2,537,167.

See CONSTITUTIONS, STATE, CHARACTERISTICS OF; STATE EXECUTIVE; STATE GOVERNMENTS, CHARACTERISTICS OF; STATE GOVERNMENTS DURING THE REVOLUTION; STATE JUDICIARY; STATE LEGISLATURE.

been slight in the American period. It was given territorial organization in 1851 and admitted as a state in 1912 under the Enabling Act of 1910. The population increased from 195,310 in 1900 to 327,301 in 1910. The area is 172,580 square miles.

The constitution of New Mexico, framed in 1911, and approved by popular vote, creates a government with legislation, executive, and judicial departments, and provides for a state referendum (see) but not for the initiative (see). Petitions for a referendum must be signed by not less than 10 per cent of the electors in each of three-fourths of the counties, and in the aggregate at least 10 per cent of the total of electors in the state. The senate con

References: F. B. Lee, New Jersey as a Colony and as a State (1902); T. F. Fitzgerald, Legislative Manual of New Jersey (published annually by authority of the Legislature); W. M. Clevenger, and E. Q. Keasbey, The Courts of New Jersey: their Origin, Composition, and Jurisdiction (1903); F. N. Thorpe, Federal and State Constitutions (1909), V, 2533-2614; J. O. Raum, The Hist. of New Jersey (1877); E. B. O'Callaghan, Hist. of Newsists of 24 members elected for four years; the Netherland (1846), of great value for the period of Dutch control; E. P. Tanner, The Province of New Jersey (1908), covers the period from 1664 to 1738; W. Nelson, The New Jersey Coast in Three Centuries (1902);

house of representatives, of 49 members elected for two years. Senators and representatives are paid five dollars a day with mileage.

The executive department consists of the governor, lieutenant-governor, and six adminis

NEW NATIONALISM-NEW NETHERLAND

trative officers, elected for four years, exercis- | ficers including the delegate in Congress. The ing the usual powers, and ineligible, except first governor elected under the constitution

the superintendent of public instruction and the commissioner of public lands, to succeed themselves.

The judicial power is vested in a supreme court of three justices, elected for eight years, receiving $6,000 salary; eight district courts, each with one judge elected for six years; a probate court in each county; and justices of the peace, police magistrates, and constables for the localities.

The franchise is confined to males citizens resident in the state one year, except that women may vote in school elections unless such | privilege is suspended in any district by petition of a majority of the qualified electors. In certain county and municipal elections to decide questions relating to the creation of a debt, only electors who have paid a property tax within the preceding year may vote. Strict provisions are made against interference with the franchise or political rights of citizens "on account of religion or inability to speak, read, or write the English or Spanish languages."

was a Democrat who won by a plurality of 2,819, along with a majority of the Democratic state ticket and one of the two representatives in Congress, thus giving New Mexico its first Democratic representative at Washington since 1904. In 1912 the Democrats carried the state in both the presidential and gubernatorial elections.

See CONSTITUTIONS, STATE, CHARACTERISTICS OF; CONSTITUTIONS, STATE, LIMITATIONS IN; STATE GOVERNMENTS, CHARACTERISTICS OF.

References: F. N. Thorpe, Federal and State Constitutions (1909), V, 2615-2622; H. H. Bancroft, Hist. of Arizona and New Mexico,” being Vol. XVII of his Works (1889); Con stitution of New Mexico, 1911.

KENDRIC C. BABCOCK.

A platform of po

NEW NATIONALISM. litical principles expounded by Theodore Roosevelt (see) first in a speech at Ossawatomie, Kansas, August 31, 1910, and later, 1911, explained at length in a series of articles in the Outlook. A doctrine of extreme nationalistic interpretation of the Constitution was expounded which would limit state legislation strictly to local issues; remove "the impotence which springs from the over division of government

The taxing power of the state extends to practically every form of taxation, but the rate on all subjects of taxation must be uniform. A state board of equalization determines the valuation of the properties of transportation | powers"; eliminate the "twilight zone,” i. e., and transmission companies. A state corporation commission of three members has comprehensive powers over granting charters of incorporation, and over the regulation, rates, and services of transportation and transmission companies operating within the state.

The usual county officers are provided in the counties, with terms of four years and ineligibility, except for the probate judge and the county clerk, to succeed themselves. All receive salaries and no fees.

the field in which jurisdiction is denied both state and national government and "which serves as a refuge for lawbreakers"; permit the general government to act in all cases where the general good demands it, especially in the interest of human rights in contradistinction to property rights; and regard the "executive power as the steward of the public welfare.” The platform consisted of seventeen planks. Seven referred to corporations. Effective publicity of corporate affairs, government superviA free public school system is provided for sion of the capitalization of all corporations and placed under the direction of the state doing an interstate business, federal supervi board of education consisting of the governor, sion of trusts controlling necessities of life, superintendent, and five appointed members. were among the demands. An expert tariff Sections 2, 16, 32, and 36 are set aside to commission, graduated income and inheritance provide a public school fund. A minimum taxes, and a scientific revision of the currency school term of five months, and compulsory at- system, were the financial measures advocated. tendance are prescribed. Discrimination A sufficient army and navy should be mainagainst children of Spanish descent and their tained to demand international respect. Naclassification in separate schools are expressly tional resources should be conserved and the forbidden. The state maintains seven higher interests of agricultural life should be adeducational institutions, and six other public | vanced. The terms and conditions of labor institutions, each with its separate board of should be regulated in the interest of the pubregents of five members, appointed for four lic, mob violence should be suppressed, and all years. neutral grounds between the jurisdiction of the state and the nation should be eliminated. And finally the direct primary should be generally established with a corrupt practices act and the recall for elective officers. See PROGRESSIVE PARTY. O. C. H.

For the first twenty years of the new state, all laws passed shall be printed in both English and Spanish, and thereafter as the legislature shall direct.

As a territory, New Mexico was more or less exploited both politically and economically by men trained in the Pennsylvania system, and the Republicans usually elected territorial of

NEW NETHERLAND. The Dutch colony of New Netherland was a proprietary possession

NEW ROOF-NEW YORK

of the Dutch West India Company to which by | by the Swedes in 1638. The projector of this a charter, granted in 1621 by the states gen- movement was William Usselinx who laid a eral of the Netherlands, control and govern- plan before Gustavus Adolphus for a commerment of the colony were given, subject to a cial company, similar to the Dutch West India limited oversight by the states general. The Company. He urged the advantages of trade company consisted of five chambers of which and commerce and the enlargement of the emthe Amsterdam chamber, the most important, pire. A charter of privileges was signed by the assumed the immediate management of the King, June 6, 1626, establishing a trading comcolony. The general control of the company pany with power to make settlements. The was vested in the council of nineteen, eighteen project advanced slowly however, and it was of whom were elected by the five chambers and not until 1638 that an expedition of about fifty one by the states general. Ultimate control, colonists finally set out under Peter Minuit. especially in political affairs, was vested in the They settled on the Delaware, purchased of the states general by which the director of the Indians lands claimed by the Dutch, built a colony, appointed by the company, was commis- fort near the present site of Wilmington and sioned and to which all officers took an oath of called it Christina. Between 1638 and 1656, allegiance. The director, assisted by a small | twelve expeditions were dispatched to New Swecouncil which he controlled, virtually exercised den, but the colony remained a feeble one. The absolute authority in the colony. He was governors were given extensive powers in jusgenerally supported by the company in his tice and government, but there was really litdenial to the people of any real share in the tle need of laws and taxation for these few government. Subordinate to the director were people living a simple frontier life. The the other officers of the colony. The law in Swedes were at a great disadvantage by being force in the colony was first, the resolutions thrown into contact with the more populous of the West India Company, failing these, Dutch and English colonies, who claimed their Roman law, the imperial statutes of Charles land and interfered with their development. In V, and the laws and customs of the Nether- 1655, the Dutch seized their settlements and lands. The company in 1629, by a "charter of forts with little or no opposition. Though the Freedoms and Exemptions" established a sys- hopes of Sweden were not realized in the detem of large feudal jurisdictions, called pa- velopment of her empire or in the enlargement troonships. The Dutch Reformed Church was of her trade and commerce, yet these industrithe established church but freedom of con- ous, religious, and honest people played their science was allowed and religious persecution part well in establishing the beginnings of the was almost unknown. In 1753 the City of New civilization later carried out by Penn and his Amsterdam was chartered (see NEW YORK followers in Pennsylvania, Delaware, and New CITY). Limited rights of self-government Jersey. See DELAWARE; PENNSYLVANIA. Refwere allowed to the towns. The colony was erences: A. Johnson, Swedish Settlements on captured by the English in 1664. See NEW the Delaware, 1638-1664 (1911); J. Winsor, YORK. References: H. L. Osgood, The Am. (1884), IV, 443-502; E. Channing, Hist. of Colonies in the 17th Century (1904), II, 95- the U. S., II (1908). M. W. J. 118; C. Z. Lincoln, Constitutional Hist. of New York (1906), J. R. Broadhead, Hist. of State of New York (1855-1871). M. S. B.

NEW ROOF. A nickname of the Constitution of the United States applied to it about the time of its adoption. O. C. H.

NEW SWEDEN. New Sweden was the name given to the territory on the Delaware settled

NEW TENOR BILLS. This term was applied to certain emissions of paper money, in Massachusetts during the colonial period, issued to take up older emissions which had greatly depreciated in value. The older issues which circulated for a time along with the new issues were known as "old tenor" and "middle tenor" bills. See PAPER MONEY IN THE UNITED STATES. D. R. D.

NEW YORK

New Netherland.-The settlement of New Netherland (see) followed the discovery of the Hudson river by Henry Hudson in 1609 and the immediately subsequent voyages of Dutch traders. A charter was given to the United New Netherland Company in 1614, granting exclusive trade rights in the newly discovered regions. This charter expired in 1618 and the control and government of the entire region

was vested in a new corporation chartered in 1621, the Dutch West India Company, which governed New Netherland until its capture by the English in 1664. Little Dutch influence can be traced in the development of the provincial institutions of the English colony of New York. Local institutions and still more social customs retained a larger admixture of Dute elements.

NEW YORK

The Province of New York.-Charles II gave | ary government was taken over by provincial the colony to his brother James, Duke of York, as a proprietary province by the patent of March 12, 1664. The Duke of York as proprietor was granted free powers of government provided, "that the laws and government be not contrary to but as nearly as possible in accordance with those of England." The right of appeal to the Crown was reserved. The accession of James to the throne of England in 1685 transformed the colony of New York from a proprietary (see PROPRIETARY COLONY) into a royal province. In 1683, Governor Dongan called the first legislative assembly of New

congresses, the first of which was called by a committee of citizens and each succeeding congress by the one preceding. The fourth provincial congress was elected for the express purpose of deciding what action New York would take in answer to the resolution of the continental congress (see) of May 10, 1776, advising the colonies to frame suitable governments for themselves. This congress met at White Plains, July 8, 1776, and on the 9th, ratified the Declaration of Independence (see). The next day a resolution was adopted changing the name of the body from "Provincial

BOUNDARIES OF THE STATE OF NEW YORK, SHOWING TERRITORIAL CHANGES York. Its acts were subject to the governor's veto and to the proprietor's disallowance. This assembly, after meeting for two sessions was dissolved in 1685. A second assembly, elected in the same year, had a brief existence, being dissolved in 1687. After the Revolution of 1688 William III restored the general assembly, and thereafter the government of the province was vested, under the Crown, in governor, council and assembly. Royal commissions and instructions constituted the fundamental law. English common law was adopted as the common law of New York and the church of England was the established church.

Congress" to "Convention of the Representatives of the State of New York." This body assumed the work of governing the portions of the state not under British control and, in addition, the functions of a constitutional convention (see), adopting on the 20th of April, 1777, the first constitution of the state of New York. This constitution remained the fundamental law of the state, with the addition of five amendments in 1801, until 1821. Its noteworthy features were: a council of revision, consisting of governor, chancellor, and judges of the supreme court, which possessed the veto power; a council of appointment, consisting of New York in the Revolution. The last pro- four senators elected by the assembly, with the vincial assembly expired by time limitation governor as president, by which nearly all on April 17, 1776, and the work of revolution-state officers and judges were appointed; and a

NEW YORK

court of impeachment and errors, composed of the entire senate with the chancellor and su preme court judges present as advisory but not as voting members. New York adopted the Articles of Confederation (see) February 6, 1778, and was the eleventh state to ratify the Federal Constitution, July 26, 1788.

New York and Kings counties which are entirely included within the city of New York have about one-half of the entire population of the state but return, under the present apportionment, only about two-fifths of the members of the senate. Certain officers are ineligible for election to the legislature and members cannot be chosen to any office by the governor, governor and senate, legislature, or any city government during the period for which they have been elected. Each member

Constitutions of 1821 and 1846.-The Constitution of 1821 was framed by a constitutional convention and, the first constitution of New York to require popular ratification, was adopted by the electors. The franchise was broad-receives a salary of $1500 and is allowed mileened, the council of revision was abolished and age. Each house organizes itself and judges the veto power was vested in the governor. of the qualifications and election of its own The council of appointment disappeared and members and adopts with certain constitutional its powers were given to the governor, senate exceptions its own rules of procedure. The and legislature. The constitution of 1777 con- lieutenant-governor is the regular presiding tained no provision for its own amendment. officer of the senate, with a casting vote only. That of 1821 gave to the legislature by action A president pro tempore is elected by the senin two successive legislatures the right to ini- ate. The speaker of the assembly is the recogtiate amendments and required ratification by nized leader of the majority party of that popular vote. The most important amend- house. The standing committee system (see) ments adopted between 1821 and 1846 were is in full vogue in both houses, members being that of 1826 establishing white manhood suf-appointed by the president pro tempore in the frage and that of 1845 abrogating all property | senate and by the speaker in the assembly. qualifications for office-holding. This demo- The legislature meets regularly on the first cratization of the state government was carried still farther in the constitution of 1846. All important offices, including the judicial, were made elective; the tenure of office of the highest judges was reduced to eight years; the ancient court of chancery was abolished; and a court of appeals was created. Largely as a result of the famous rent war all feudal ten-elected to each house. Bills may originate in ures were abolished and allodial tenure of all land was decreed. Constitutional limitations were imposed upon the powers of the legislature in financial matters, in special legislation and in chartering corporations. The people once every twenty years, were allowed to decide whether a convention to revise the constitution should be elected. From 1846 to 1894 there was no general revision of the constitution, although one was rejected in 1867 and many amendments were adopted.

Wednesday of January. Special sessions may be called by the governor at which only the business recommended by him can be transacted. A majority constitutes a quorum in each house for ordinary legislation.

The passage of financial measures requires the presence of three-fifths of all the members

either house and no bill can become a law without the assent of a majority of the members elected to each house. The assent of twothirds of all the members of each house is required to pass bills voting money or property for private or local uses. To insure the publicity of proposed legislation and to prevent “railroading,” each bill must have been printed and distributed to members at least three legislative days before its final passage and no amendment is allowed on the last reading. Constitution of 1894. Legislature. The The governor can dispense with the three days present constitution of New York was framed rule by certifying to the necessity for immediin 1894 and ratified by popular vote. The ate passage of the measure. All bills are sublegislature possesses all the legislative and cor-ject to the governor's veto which can be overporate powers of the state which have not been ridden by a two-thirds vote of both branches withdrawn by positive provisions of the state of the legislature.

constitution. It consists of a senate of fifty- Two valuable practical reforms of recent one members, elected for two years and an as-years tend to prevent bad even if they do not sembly of one hundred and fifty, elected for one year by the voters in single districts, apportioned each decennial approximately in proportion to population. A senate district may include more than one county or may be a part of one county but cannot include parts of two or more counties. Up-state fear of the domination by New York City is evidenced by the provision that no one county shall have more than one-third nor any two adjoining counties more than one-half of the entire number of senators, however large their population.

assure wise legislation, viz.: the governor's power to veto items of appropriation bills and the constitutional enactment allowing him thirty days after the final adjournment of the legislature for the consideration of bills awaiting his action. Full responsibility for bad legislation is thus placed squarely upon the governor. Moreover the probability that he will veto bad measures and unnecessary or vicious items of appropriation bills deters the legislature from passing many bills which could not endure the light of publicity and investigation.