CHAPTER VI

THE RIGHTS OF PURCHASERS

In any given community every person is directly or indirectly a

purchaser. From birth to death choice is made for us or we ourselves

choose objects of purchase daily, even hourly. As we do so, we help to

decide, however unconsciously, how our fellow men shall spend their

time in making what we buy. Few persons can give much in charity;

giving a tithe is, perhaps, beyond the usual custom. But whatever

our gifts may be, they are less decisive for the weal or woe of our

fellow beings than are our habitual expenditures. For a man is largely

what his work makes him--an artist, an artisan, a handicraftsman, a

drudge, a sweater’s victim or, scarcely less to be pitied, a sweater.

All these and many more classes of workers exist to supply the demand

that is incarnate in their friends and fellow citizens, acting as

the purchasing public. All of us, all the time, are deciding what

industries shall survive, and under what conditions.

Obviously the purchaser ultimately decides all production, since any

article must cease to be produced if consumers cease to purchase it.

The horsehair furniture of the early part of the nineteenth century

has now virtually ceased to be manufactured. On the other hand, any

article, however injurious to human life and health the conditions of

its production may be, or with whatsoever risk they may be attended,

continues to be placed on the market so long as there is an effective

demand for it; _e. g._, nitro-glycerine, phosphorous matches, and mine

products of all kinds.

This great purchasing public, embracing the whole people, which

ultimately decides everything, does so, on the whole, blindly, and in a

manner injurious to itself, and particularly to that portion of itself

which is engaged in production and distribution.

It would seem an obvious right of the purchaser that the food which

he buys at the price asked should be pure and clean; that the garment

purchased of an entirely reputable dealer should be free from poisonous

dyes, vermin, and the germs of disease; and that both food and garments

should leave his conscience free from participation in the employment

of young children or of sweaters’ victims.

Yet these seemingly obvious rights were, perhaps, never farther from

attainment than to-day, in the opening years of the twentieth century.

Adulteration of foods has never, in the history of the human race, been

carried on upon a scale so vast as at present. The sweating system

with its inevitable accompaniment of filth and disease conveyed in the

product, persists and increases in spite of sixty years of effort of

the philanthropists and the needle-workers to check it.

The oldest recognized legal right of the purchaser is to have his

goods as they are represented. To sell goods under false pretenses

has long been an offense punishable with more or less severity. But

of late this right, if it was ever widely enforceable, has become

largely illusory. In the vast complications of modern production

and distribution, conditions have arisen such that the individual

purchaser at the moment of buying, cannot possibly ascertain for

himself whether the representation of the seller is accurate or not.

The rule _caveat emptor_ fails when the purchaser is prevented by the

nature of the case from exercising _enlightened_ care. Thus in the case

of adulterated foods, or of foods exposed to filth or disease in the

course of preparation, and in the case of garments sewed in tenements,

the purchaser is at the mercy of the producer and the distributer, and

is debarred from exercising care in these respects at the moment of

purchasing.

Not only may a department store advertise with impunity in a dozen

daily newspapers that “all our goods are made in our own factory,”

when it neither owns nor controls a factory, but the sales-clerks

may safely reiterate the assurance over the counter in regard to an

individual garment which, in truth, was finished in a tenement house

by a bedridden consumptive. The machinery for identification is so

imperfect, the difficulties in the way of tracing a garment are so

many and so subtle, that the law has no more terrors for a mendacious

sales-clerk than for the reckless advertising agent, or for the

business office of those daily papers which thrive upon the wholesale

mendacity of retail commerce.

Yet the demand for opportunity to obtain garments and food which may be

purchased with a clear conscience grows imperative, has become, indeed,

an ardent and abiding desire of enlightened purchasers who long for

some trustworthy assurance that they are free from participation in

the employment of children, in starvation wages and in the continuance

of the sweating system. Granted that this new aspiration may be far

from general, far from achieving its own gratification on any large

scale, the mere fact that it is present in the minds of thousands of

purchasers involves a new ethical standard on their part and must, in

the course of time, bring fundamental changes throughout wide reaches

of production and distribution.

The relation of this aspiration to certain legislation forms the

subject of this and the ensuing chapter.

=Ignorance of Conditions of Production.=--The most serious obstacle

to the realizing of this aspiration is the willing ignorance of the

masses, particularly of the masses of women who constitute the direct

purchasers of the largest portion of the articles used for personal

consumption. Even the producers, themselves, suffer so keenly from the

lack of intelligence of their customers, that they are fitting out

museums for the purpose of educating them, the Commercial Museum of

Philadelphia being a promising type of such undertakings.

Recognizing no duty in this matter, asserting no right, the

unintelligent purchasers tempt the greed of producers and distributers.

Devoid of enlightened imagination, these purchasers exert no stimulus

favorable to the honest manufacturer.

Because the germs of the deadliest diseases are not discernible by the

eye, because they have no conspicuous and offensive smell, a shopping

public devoid of imagination remains easily unaware of their presence

on the counters of reputable merchants. In the same way, ices and

syrups colored in tints and shades unknown to the fruits and flowers

of nature, arouse no imaginative wonder. Peas of brilliant green in

January, corn taken as yellow from the can in March as from the ear in

July, these impossible objects are credulously accepted by the buying

multitude. Why? Because it prefers not to know the truth.

Because the purchasing public, on the whole, prefers at present not

to know the facts, we are all in danger of eating aniline dyes in

tomatoes, jams, jellies, candies, ices, fruit syrups, flavoring and

coloring extracts; and salicylic acid in our canned peas and other

vegetables which we insist upon having preserved of midsummer hue at

midwinter. We wear more or less arsenic in our print goods and the

germs of tuberculosis and of countless other diseases in our outer

garments.

A physician who visits among the poorest of the poor in New York City

recently found a woman in the last stages of consumption, making, as

she lay propped among her pillows, little boxes for wedding cake,

licking the edges to moisten the gum to make it hold together. The

teacher of a class of defective children in the same city, while

visiting the home of a lad whose left arm and right hand had been

amputated by reason of cancerous growths, found the father suffering

from tuberculosis, but making a trivial addition to the family income

by cracking walnuts (for which he was paid seven cents a pound if no

kernels were broken and three cents a pound if his work was imperfect).

The father complained that he lost much time in fetching and carrying

the nuts and kernels between the store and his home, and could crack

but fifteen pounds in three days.

The individual purchaser would doubtless prefer to eat nuts cracked

in a workroom not frequented by a father afflicted with tuberculosis

and little son mutilated by the ravages of cancer. The individual has,

however, at present no method of enforcing this reasonable preference.

We are all much in the position of the Italian immigrants in any of our

great cities. They support at least one store for the sale of imported

maccaroni, vermicelli, sausage (bologna and other sorts), olive oil,

Chianti wine, and Italian cheese and chestnuts. These articles are

all excessively costly, by reason of transportation charges and the

import duties involved; but the Italians are accustomed to using

them and prefer a less quantity of these kinds of food to a greater

abundance of those cheaper and more accessible supplies by which they

are surrounded. The pitiful result is that the importer buys the least

quantity of the Italian produce requisite for the purpose of admixture

with American adulterants. The most flagrant example of this is,

perhaps, the use of Italian olive oil, of which virtually none really

pure is placed upon the market for sale at retail. What the Italian

immigrant gets is the familiar Italian label, the well-known package

with its contents tasting more or less as it tasted at home in Italy.

What the actual ingredients are he knows no more than an American knows

what he is eating when he places his so-called butter or honey upon

his so-called wheat-cakes. The demand of the Italians in America for

Italian food-products, although large, persistent, and maintained at

a heavy sacrifice on the part of the purchasers, is not an effective

demand, because the immigrants have neither the knowledge nor the

organization wherewith to enforce it, while the legislation of the

various states affords them virtually no redress.

The privilege of remaining thus unintelligent costs the shopping

public uncounted thousands of lives and other uncounted thousands of

invalids. But it is a privilege dear to modern crowds. Indeed, the

preference for things which come from afar, whose industrial history

cannot be known to the purchasers, appears to be almost universal.

Thus the writer has seen in a filthy hovel, in the grimiest street

in Chicago, Sicilian peasant women sewing into the waistbands of the

cheapest little knee pants, tags bearing the words _New York_, because

the purchasers like the illusion that all garments sold in the United

States are made in New York. The same illusion is cherished as to

numerous food products--the purchaser will have it that they came from

some other place than their real source. Figs from California must be

labeled Smyrna; cotton seed oil from South Carolina must bear French

or Italian labels calling it olive oil.

Why all these queer mendacities? Because the purchasing public

will have it so! Because the number is still sadly small of those

who perceive the duty to know their sources of supply and assert

their right to know them; who are willing to sacrifice that deadly

privilege of remaining ignorant, which the careless majority exercise

at frightful cost of disease spread among innocent families, and of

poverty, illness and death among the workers. The willingly ignorant

purchaser carries a heavy share of the guilt of the exploiting

manufacturer and the adulterating distributer.[12]

=Some Typical Purchasers.=--How inadequate is the individual demand

of a single wide-awake customer, is well shown by the experience of

a conscientious shopper of the writer’s acquaintance. Deeply moved

by an eloquent appeal on behalf of the sweaters’ victims and their

sufferings, she determined to free her own conscience by buying only

goods made in factories and workrooms, never in home sweat-shops. She

began her search for such goods in the leading department store in

which she had always fitted out her boys for school. The sales-clerk

assured her that, “All our goods are made in our own factory; we

handle no sweatshop goods.” Being a canny person and well-instructed,

she asked for a written assurance of that fact signed by a member

of the firm, to be sent home with the goods. They were never sent,

although this was an excellent customer whom the firm was in the

habit of obliging if possible. This process she repeated in several

stores and outfitting establishments, until it became clear to her

mind that, alone and unaided, she could never free her individual

conscience. The loneliness of this enlightened purchaser is one of the

instructive phenomena of our times. The great, careless, thoughtless

mass of American men and women have performed the act attributed to

the ostrich. Hiding their minds in the pleasanter oblivion, they have

pretended that the enemy was not present.

During the long period in which there had not yet been discovered a

practicable method of dealing with the sweating system, many otherwise

intelligent people deliberately adopted a policy of ignoring conditions

which they saw no way of improving. Thus it was once the fortune of

the writer to address a club of unusually influential women, on the

conditions of work in the needle-trades in Chicago, as they existed

during the smallpox epidemic of 1894. The story was a painful one of a

disorganized trade, pauperism of skilled workers, destruction of home

life in the tenements, incompetence in the Board of Health, filth,

disease and death. The members listened with visible impatience. In

the course of the discussion which followed one member said: “This

club exists for the purpose of education and recreation. Listening to

the recital this afternoon certainly cannot be regarded as recreation.

Unless the speaker can offer a method by which we may participate

in some practical effort for the improvement of conditions in the

needle-trades, our way of spending this afternoon can have no claim to

be regarded as education. For my part, I find it satisfactory to buy

garments wherever I find them attractive, and then send them to the

steam-cleaner.”

Manifestly this individualistic solution of the problem of the

needle-trades was insufficient, even from the point of view of the

speaker, for any ordinary cleaning of those days would certainly not

have reached the germs of smallpox or of scarlet fever; and few persons

share the willingness of that speaker to buy goods trusting to the

efficacy of subsequent disinfection. Since, however, there was at that

time no method available which could be offered to the critic, the

writer was left defenseless. The community has borne both the risk of

infection and the guilt of participation in maintaining the sweating

system with sadly complete equanimity, far more amiably, indeed, than

it has endured the painful process of enlightenment.

Among all the cherished forms of ignorance, none is more tenacious

than that of the prosperous purchaser able and willing to pay for the

best that the market affords and convinced that, whatever the sorrows

of purchasers of ready-to-wear goods, he is safe, because he gets

his garments only of the merchant tailor and pays a high price for

the assurance that they are made up under conditions which guard him

against disease, and enable the merchant tailor to pay the working

tailor a fair price for his labor. But this customer is really no

better off than the well-instructed club woman making her ineffectual

search for righteously made ready-to-wear goods for her boys. For

example, as factory inspector of Illinois, the writer was one day in

search of a cigarmaker who was said to have smallpox in his family,

during the terrible epidemic of 1894. Quite by accident a tailor was

discovered newly moved into the suspected house, and not yet registered

with the department or with the local board of health. In this tailor’s

shop, which was his dwelling, there was a case of smallpox. In the same

shop there was, also, a very good overcoat, such as gentlemen were

paying from sixty to seventy dollars for in that year. In the collar

was a hang-up strap bearing the name of a merchant tailor in Helena,

Montana. Now, that merchant tailor had had, in his store window in

Helena, excellent samples of cloth from which the customer had ordered

his coat. The Helena tailor had taken the necessary measurements and

had telegraphed them, together with the sample-number of the cloth,

to the wholesale house in Chicago, of which he was an agent. The

wholesaler had had the coat cut and had sent it to the kitchen-tailor

in whose sickroom in an infected house in Chicago it was fortunately

discovered. But for the happy accident of the finding of the tailor

during a search for an entirely different person, the purchaser

in Helena, Montana, would surely have bought smallpox germs in his

expensive coat.

Beside this fatuous belief that his custom-work, because it is costly,

is made under clean and wholesome conditions, the purchaser of

expensive garments usually comforts his conscience with the assumption

that the working tailor who makes them receives some substantial

share of the high price in the form of wages. While it is true that

the tailors who do custom work have a more stable trade union than

workingmen in the ready-to-wear branches, and command, therefore,

somewhat better pay, it is also true that the tailor in this case, as

in scores of others during the same epidemic, was driven by extreme

poverty to conceal the dreadful fact that he had smallpox in his

family, through fear of losing a few days’ or a few weeks’ work. So the

high price of the coat did not even entitle the customer in Helena,

Montana, to an easy conscience on the score of the wages paid to the

people who worked upon it.

In the matter of wages, however, there is no longer an available excuse

for ignorance on the part of the purchaser as to the wages paid for

the manufacture of his garments; and to-day, he who remains ignorant

upon this important point does so by his own choice. For the tailors

were already, at that time, offering a label attached to goods made

under conditions of pay and of hours of work satisfactory to both the

employer and the worker.

=Efforts to Enlighten Purchasers.=--Clearly the first step towards

the assertion of the rights of the purchaser is the acquisition

of knowledge; and it is an idiosyncrasy of the present industrial

situation that a large part of the effort exerted for the enlightenment

of purchasers has come, not from themselves, but from manufacturers,

physicians and philanthropists (in the form of restrictions upon the

sale of drugs, or recommendations in favor of municipally prepared

vaccine, anti-toxine, etc.), from public authorities in the shape of

official reports, from the Consumers’ League in its endeavor to form a

large and stable body of organized purchasers, and finally and chiefly

from the trade unions, disseminating information in the interest of

better working conditions for themselves.

Among all these agencies, the press and the advertising merchants

might be expected to appear. These have, however, little claim to

any educational quality in their endeavor. Their exertions have been

directed distinctly not toward education. Rather they have been meant

to stimulate, to persuade, incite, entice, and induce the indifferent

to purchase. Much of the current advertising, of which the patent

medicine advertisement may be taken as the type, is aimed directly

at the ignorance of the purchaser. Nearly all of it is aimed at the

cupidity of the public and it, therefore, offers cheapness as the one

great characteristic. It is immoral rather than ethical.

Such measures as exist for the inspection and testing of food products

have usually been obtained either by hygienists and physicians for

philanthropic purposes, or by producers who were furthering their own

interests while nominally promoting those of the purchaser. Such is the

requirement that oleomargarine shall be colored pink when offered for

sale in certain states, nominally for the protection of consumers, who

may not care whether the substance which they use for frying or for

spreading on bread is made of the milk of the cow or the fat of the

steer. The people who obtained the enactment of this law were not the

outraged consumers of oleomargarine, demanding to be protected against

it, but the farmers whose butter market was threatened by the invasion

of the oleomargarine.

Similar protection to American purchasers of foreign food products

is afforded by the federal bureau with its laboratories for the

investigation of imported articles, nominally in the interest of the

public health, but really in the interest of the American producer,

whose adulterations are left by the federal government to the varying

efficiency and honesty of local boards of health, and state chemists,

and food and dairy commissions.

In consequence of these diverse and multifarious exertions on behalf of

the purchasers, there have grown up regulations of strangely unequal

effectiveness. Thus in many cities the sale of a small number of

well-known deadly drugs is hedged about with precautions intended to

prevent murder and suicide by the ancient method of poisoning. In some

cases, the purchaser of such drugs must be identified, and must state

the purpose for which the purchase is made. Arsenic and strychnine,

having an old established reputation as possible enemies of human

life, and but slight profit for the retailer in the quantities in which

they are sold to individual purchasers, are surrounded by precautions;

and the package may even have to be conspicuously labeled with skull

and crossbones, so that no careless third party can unintentionally

come to harm.

Meanwhile the milk sold by the grocer next door to the druggist may

be conveying typhoid germs in every bottle, and his cream may be so

thickened with corn-starch and other substances as to starve any baby

depending upon it; or serve as a gradual poison to a diabetic patient

conscientiously endeavoring to follow his prescribed diet of fats and

to avoid starch in all its forms. The products of the dairy have an

excellent reputation as bases of wholesome feeding for infants and

invalids; the purchaser is not habitually on guard against them, as

he is forewarned against the corner druggist’s arsenic and strychnia,

nor has he any available means of personal self-defense. The typhoid

germ and the thickening substance added to his cream and milk he cannot

discover for himself at will. He must take his chances of protection

through the intelligence and faithfulness of the municipal officials

who deal with the milk supply. The constant appalling death rate of

infants who depend upon milk, in all great cities, demonstrates the

insufficiency of this agency, under present conditions.

Only the intelligent farmer, managing his own dairy, or the coöperative

society owning its dairies and buying its own product, can be certain

of avoiding poisons, quite as dangerous to life and health as

strychnia and arsenic, with which American society has not yet learned

to deal by any effective summary procedure. The experience of some

of the English cities, and of Rochester, New York, seems to indicate

that the difficulties of the milk supply can be met only by the

institution of municipal milk, analogous to the municipal water supply;

and municipal provision of all useful drugs, analogous to the present

municipal supplies of vaccine and anti-toxine serum.

On the other side from the dairyman, the druggist’s next door neighbor,

perhaps, is a tailor, who may be actively engaged in poisoning society

in yet a different manner, by the sale of garments made in places in

which there is infectious disease transmissible in articles exposed

to it. In this case, also, as in the case of the dairyman’s milk, the

customer is at the mercy of the community and its officials. For when

he orders a suit, it is out of his power to sit in the tailor’s shop

while the garment is cut, and then follow it whithersoever the merchant

tailor may send it, first to a workshop to be stitched, afterward to a

second place in which the buttonholes may be made, and then to a third

place, commonly a tenement-dwelling, in which the vest and trousers

are felled and otherwise completed before the garment is sent back to

the tailor for the removal of whatever grease and vermin it may have

acquired in its travels. For the tailor, as for the dairyman, there has

never yet been brought to bear any precautionary measure adequately

protective for the customer.

Scarcely more availing than the restrictions upon strychnia and arsenic

in the wilderness of modern retail trade, are the efforts of the public

officials to protect the purchasing public by the dissemination of

information. The Department of Labor at Washington, the state bureaus

of labor, the state inspectors of factories, the municipal and state

boards of health, the state chemists and dairy commissions, all publish

annually or biennially (some of them quarterly, monthly, and weekly)

information for the enlightenment of the citizens. But very little of

this information has, hitherto, served the purpose of the individual

purchaser. If I have read the reports of all these officers, I am not

only in as great danger as before of buying glucose for sugar, acetic

acid for vinegar, and paper in the soles of my shoes; but I am in as

great danger as before of buying smallpox, measles, scarlet fever,

infectious sore eyes and a dozen forms of disease of the skin in my

new garments. For not one of these officials publishes the list of

the kitchen-tailors to whom the merchant tailor gives his goods to be

made up; just as not one of them can possibly give information whereby

adulterations of foods can be successfully detected in the private

kitchen.

On the other hand, the available official information already existing

has hitherto remained largely ineffectual. In vain has the fact

been printed that a certain bouillon (so extensively advertised as

particularly delicate and suitable for the use of aged persons and

little children) is boiled in such close proximity to the fertilizer

storage of the packing establishment that the factory inspectors fall

ill on the days of inspection of these premises. The bouillon continues

to be served at the luncheons of the socially aspiring. Official

statements on all these matters, safely buried in official reports, do

not reach and influence the great mass of the buyers.

For many generations manufacturers have been offering to their patrons

the guarantee of the brand, whereby the producer stakes his reputation

upon the excellence of the article bearing his name or device. But

the public attaches such slight importance to this guarantee that, at

present, many factories send out more goods without the brand than with

it, not wishing to shoulder the discredit incident to their cheapest

and most worthless product, which yet proves the more profitable

portion of the total output.

The difficulties of the manufacturers in their efforts to enlighten

purchasers are greatly intensified by the extraordinary incompetence of

the “average” purchaser to judge articles on their merits. For certain

great modern industries men have devised tests for the product, and

warships, locomotives, railway bridges, and electrical installations

can all be tried and tested before the bills are paid. But for the bulk

of the products intended for personal use, nothing effective has been

designed corresponding to these tests. Especially is this true of all

those branches of manufacture which were once carried on by women in

the home, and have now gone out into shops and factories. Concerning

these products, purchasers must still rely upon their individual skill

as buyers. The old rule _caveat emptor_ is here carried out to its

utmost application.

The most promising step forward in the effort to educate the purchasing

public has been taken whenever a state has required the manufacturer

of an article of food or medicine to state clearly and truthfully the

ingredients composing each package offered for sale. This is a direct

appeal to the intelligence of the purchasing public. Such measures

become effective just in proportion as the purchasers coöperate with

the officials who are charged with the duty of testing and analyzing

samples bought in the ordinary course of trade. A community in which

this coöperation is well sustained protects the life and health

of its citizens, stimulates their intelligence in a direction of

ever-increasing industrial importance, and enforces honesty upon

producers who are under the heaviest moral strain when left unsustained

under the pressure of competition.

The same principle underlies a bill entitled “An Act for Preventing

the Adulteration or Misbranding of Foods or Drugs, and for Regulating

Traffic Therein,” which has twice passed the House of Representatives

only to fail each time of passage by the Senate. This is the attempted

application of the principle that the purchaser is of right entitled to

trustworthy information furnished by the producer and guaranteed by the

ceaseless activity of officials created for the purpose of examining

the products and testing the veracity of the labels attached to them.

By providing for a continuous appeal to the intelligence of the

individual purchaser, and an ever present warning to the producer to

tell the truth as to his product, this bill[13] promises an important

ethical gain through legislation.

FOOTNOTES:

[12] In England, a large body of purchasers has, for more than one

generation, striven to attain an effective knowledge of its sources of

supply, and to organize demand for the express purpose of influencing

the conditions of distribution, namely the coöperative societies. In

America, however, the coöperative movement (aside from insurance and

building and loan societies) has gained no considerable headway in

either production or distribution. The work of the trade unions in the

direction of affording information and arousing an interest in the

conditions of production will be dealt with later.

[13] For the text of this bill see Appendix V.

Some ethical gains through legislation · 第 6 / 8 章