CHAPTER VI.

_LEGISLATION._

1. THE LAW.

The printing and allied trades were not brought within the scope of

legislation until Mr. Walpole's Factory Acts' Extension Act of 1867.

[Sidenote: Conditions of employment, 1866.]

The Commission on Children's Employment in 1866[64] first disclosed the

fact that substantial abuses prevailed throughout the printing and

kindred trades. Long hours, frequent nightwork, Sunday labour,

irregularities regarding meal times, and insanitary conditions--such,

roughly speaking, were the hardships which made it desirable to bring

them under State supervision. Mr. Lord, who took an active part on these

Commissions, said that the general state of printing houses in London

was very bad; not only were the composing rooms generally overcrowded

and ill-ventilated, but even machine rooms were often extremely dirty,

close and unhealthy. He cites the case of a machine room, where the roof

was so low that a hole was cut in the ceiling for the head of the boy

who was "laying-on" to go through. "The heat of steam printing," says

he, "is very deleterious in close cellars, such as many places in this

town are."

[Footnote 64: Children's Employment Commission, 1862-1866 (Report V.).]

Speaking of the factories of wholesale stationers, the same witness

says, "Many of the workrooms are ill-ventilated and overcrowded. The

cubical contents of one large room measured by me were 136 ft. per head;

those of another only 87 ft. per head."

With regard to hours, the Commissioners report: "These ordinary hours

(viz., 8 a.m. to 8 p.m. for females, 7 a.m. to 9 p.m. for men and boys)

are from time to time exceeded to the extent of one or two hours, and

sometimes more. In the case of those who bind for publishing houses the

four or five winter months are the busy season, and the six weeks

immediately preceding Christmas those of the greatest pressure; at one

such place work often continued from 7 a.m. to 10 p.m. in those six

weeks. The 'push' of 'magazine day' also affects this trade as it does

the printer, keeping the workpeople for several days at the end of each

month until 10 or 11 p.m., and on rare occasions till 1 or 2 a.m. The

case of railway guides is even worse than that of magazines, for females

sometimes have to work the whole night through till 6 a.m., returning to

work at 10 on the same morning, and when the first of a month is on a

Monday, work the whole of the preceding Sunday. On Sunday, April 30th

this year, at one place twenty females worked from 10 a.m. to 8 p.m.,

and after a rest of two hours went on again through the night. Even

girls of thirteen had worked in the same week once from 4 a.m. to 10

p.m., and twice from 9 a.m. to 10 p.m. Another rather older (fourteen

and a half) worked on one day from 6 a.m. to 10 p.m. and on the

preceding day from 7 a.m. to 9 p.m. A boy aged fourteen had worked two

or three times in a week from 7 a.m. to 10 or 11 p.m. and three Sundays

through."

"With paper-box makers," the Commissioners say, "it is not uncommon to

make two or even three hours overtime (this after a day of from 9 a.m.

to 8 or 9 p.m.). For two months in spring and six weeks in autumn

fourteen hours is the usual length of a female's working day. At one

place females over fifteen are said to work constantly in the busy time

from 9 a.m. to 12 p.m., and in some places till 1 or 2 a.m., especially

with 'little men' working at home with their family and two or three

girls to help. These are instances of London work, but in Manchester the

hours are even longer. One girl worked, at sixteen years old, night

after night in succession, from 6 a.m. to 12 p.m.; the younger ones

there worked from 6 a.m. to 9 p.m.; at another place the same witness

had frequently worked from 6 a.m. to 10 p.m. Another, at nine years old,

worked from 8 a.m. to 9 p.m. generally; she said that the older ones

worked a good deal later than that. Some young women had worked on three

or four occasions all the night through."

"Boys of fourteen and fifteen employed at making cardboard, have in some

cases worked from 8 a.m. till 10 or 11 p.m. twice a week for four or

five weeks running, but that is not general in the trade. Girls of that

age have worked at making paper bags nearly every night for a similar

period, till 10 or 11 p.m. from 8 a.m., and were very much tired by it.

As paper-box making is all handwork and paid for by the piece, it is not

uncommon for work to go on in the meal hours--'they please themselves.'"

The following was the experience of one girl which she gave before the

Commissioners. "I am thirteen; I have been here twelve months. Some of

the girls worked all night last month for two nights together. I call

'till 4 in the morning' all night. We generally work one night till 4

a.m., and three or four nights till 12. My mother thought all night hurt

me and so would not let me go on, but I work till 12. Last month I

worked five times in the night till 12. It is only in that week; we get

very tired towards the end of it."

With regard to the moral conditions of the workers the Commissioners

reported: "The indiscriminate mixing of the sexes which still prevails

in many workrooms is generally condemned. The evil of such a practice is

especially conspicuous where they are late and irregular in their hours.

The bad language and conduct of the boys is made the subject of very

strong comment by two witnesses, who go so far as to say that there is a

marked deterioration in this respect during the last ten years."

Again, "The younger children were in many cases unable to read. The evil

of late and irregular work in letting women loose on the streets at all

hours of the night is justly censured by an employer as necessarily

leading to great immorality."

[Sidenote: Legislation, 1867.]

In consequence of the Report of the Commissioners, the Factory Act

Extension Act, 1867, was passed. It applied specifically to any premises

where paper manufacture, letter-press printing and bookbinding were

carried on; and generally to any premises where fifty or more people

were employed in any manufacturing process. The hours allowed for women

and young persons were from 6 a.m. to 6 p.m., or from 7 a.m. to 7 p.m.,

with intervals amounting to one and a half hours for meals; on Saturday,

work had to cease at 2 p.m. By way of exception, women employed in

bookbinding could work fourteen hours a day, provided that their total

hours did not exceed sixty per week.

To those trades, such as litho-printing, that did not come under the

above Act, was applied the Workshops Regulation Act of the same year,

the provisions of which resembled, though they did not coincide with

those of the foregoing enactment. The same aggregate number of hours

per day and week was established, but more elasticity was permitted in

workshops, women and young persons being allowed to work in them for the

hours specified at any time between 5 a.m. and 9 p.m., and until 4 p.m.

on Saturdays.

[Sidenote: Factory and Workshop Act, 1878.]

The discrepancies in the regulations applying to different classes of

work were productive of a good deal of inconvenience, and after the

Commission of 1876 came the Factory and Workshop Act, 1878, having as

its object the consolidation and amendment of the existing statutes with

a view to rendering their administration more even and secure. The main

provisions of the law as it now affects the printing and kindred trades

were laid down, although since that date there have been various

additions and amendments. By this Act a distinction was drawn between

factories and workshops, the chief difference being that, in the former,

machinery propelled by steam, water, or other mechanical power must be

in use; while in the latter, no such agency must be employed. Certain

classes of works, however, apart from all question of mechanical power,

were defined as factories and not workshops. Under these came

paper-staining works, foundries (including typefoundries), except

premises in which such process was carried on by not more than five

persons, and as subsidiary to the repair or completion of some other

work--paper mills, letter-press printing works, and bookbinding

establishments.

[Sidenote: Factory and Workshop Act, 1901.]

As regards hours of work and overtime, slight modifications have been

effected by legislation subsequent to the year 1878, and the present

state of the law as laid down in the Factory and Workshop Act, 1901, is

as follows:--The regular hours for women and young persons except

Saturday, are 6 a.m. to 6 p.m., 7 a.m. to 7 p.m., or 8 a.m. to 8 p.m.,

with an allowance of one and a half hours for meals, one hour of such

meal-time being before 3 p.m. On Saturday the period of employment may

be 6 a.m. to 2 p.m., 7 a.m. to 3 p.m., or 8 a.m. to 4 p.m., with not

less than half-an-hour for meals. But where a woman or young person has

not been actually employed for more than eight hours on any day in a

week, and notice of this has been affixed in the factory or workshop and

served on the inspector, she may be at work on Saturday from 6 a.m. to 4

p.m., with an interval of not less than two hours for meals.

There are various special restrictions and exceptions applying to

different classes of work. No protected person may take a meal or remain

during meal-time in any part of a factory or workshop where typefounding

is carried on, or where dry powder or dust is used in litho-printing,

playing-card making, paper-staining, almanac-making, paper-colouring and

enamelling. In certain industries, including printing, bookbinding,

machine ruling and envelope making, women may work three days a week,

and for thirty days during the year, two hours overtime, provided that

such employment ceases at 10 p.m., and that they have two hours for

meals. But this limit of overtime applies to the factory or workshop as

a whole, and not to the overtime of individual workers.

2. ECONOMIC AND INDUSTRIAL EFFECTS OF LEGISLATION.

The foregoing brief summary of the law has naturally preceded the

question as to how far legislation has affected women in these

particular trades. When restrictions are imposed upon the labour of any

class of wage-earners, their economic position must be altered for good

or evil, unless the trade can so adjust itself as to meet exactly the

requirements of these restrictions. If the worker is of great

importance, an effort will be made to adapt the trade to the novel

conditions; if another class of workers or machinery, free from all

restrictions, can be as easily used, it is probable that the labour

affected will be ousted.

[Sidenote: Has legislation displaced women?]

Is there, then, evidence to show that any material displacement of women

or girls in these trades followed the enforcement of factory

legislation? Instances of dismissal must obviously be sought for soon

after the Act of 1867, as the employer then knew on what terms he

engaged his staff, and, except in a few cases where deliberate evasions

of the law might be attempted, the effect of legislation would be to

deter him from employing women, rather than lead him to dismiss them.

Owing to the lapse of time, it is difficult to find out from those in

the trade the immediate consequences of this Act, nor does the

Commission of 1876 give much assistance. Of 103 employers questioned by

us, not half a dozen remembered dismissing women in consequence of the

new enactment.

One employer turned off ten or twelve women "folders" and introduced

machinery, alleging as his reason the want of elasticity in the Factory

Act. His ordinary hours were from 8 a.m. to 8 p.m., but on certain days

in the week it was necessary to begin work at 6 a.m. He made

arrangements that the total number of hours should not exceed those

sanctioned by the Act, but the variation was not allowed. If his women

began work at 6 a.m. on any day, his hours had to be regularly 6 a.m. to

6 p.m., except in the case of thirty nights in the year when overtime

was permitted. As this did not suit his business, he dismissed the women

and had recourse to folding machines. Personally he gained, as the

machinery proved an economy, but it told hardly on the women, whom

otherwise he would have kept on as they were old hands.

Another employer told a similar tale regarding the introduction of

folding machinery, but stated that he had been obliged to dispense with

female operatives by reason of the strict enforcement of the regulations

regarding overtime only.

In both these cases it is clear that the state of the trade was such

that it required only a very slight disability on the part of the worker

to make it worth while for the employer to use machinery.

Quite apart from any effect of legislation the machine was destined to

supplant manual labour; its advent was merely accelerated by the Act.

Its first introduction caused isolated cases of hardship, but its

ultimate results were beneficial. Thus at the present day women and

girls are largely employed upon the very machines which once seemed to

threaten their industrial existence.

[Sidenote: The case of women compositors.]

In the _Economic Journal_ of 1899 an interesting paper by Miss Bradby

and Miss A. Black discusses the position of women compositors in

Edinburgh, and deals with the subject of legislation. After an

exhaustive investigation, no single instance was discovered of the

displacement of a woman by a man owing to the Factory Acts.

The chief contention of those who oppose special factory legislation on

the ground that it limits the usefulness of women compositors is, that

women are not employed on newspaper work, and they give the legal

prohibition of nightwork for women as the reason. Careful enquiry has

shown that reason to be purely imaginary. Women are not employed on

evening papers, though the factory law does not stand in their way. In

the provinces women set-up one or two weekly or bi-weekly journals, the

firms employing them preferring them solely on the ground of cheapness.

Experience shows that women are not suited for newspaper work, unless

the paper does not appear more frequently than, say, twice a week, and

if the factory code disappeared to-morrow, morning daily newspapers

would afford to women compositors no fresh openings.

[Sidenote: Have their opportunities been limited?]

As regards the further point whether more women would be employed if

they were unprotected by law, the views of representative employers and

managers of labour are here set forth.

Out of thirty-five,[65] twenty-eight were emphatic in their assurance

that the Factory Acts did not affect the question. Seven, on the other

hand, were inclined to think otherwise. Of these, five were unable to

say that they really would employ more women if freed from restrictions,

but two of them thought that "there might be something in it," though

the point had "never occurred to them before." Only three of them were

of the opinion emphatically that legislation was certainly one amongst

the obstacles to the employment of women.

[Footnote 65: These are the firms interviewed by Miss Bradby and Miss A.

Black as above.]

When, on the other hand, we turn to the opinions of those acquainted

with the conditions of the trade, either as workers (chiefly women) or

Trade Union officials, we find practical unanimity. The eighteen

persons[66] of this description questioned were strong in their

declarations that the employment of women was not affected by the

Factory Acts. To most of them, indeed, the idea of any harmful

connection between the two was novel and ridiculous. This of course

proves nothing; but if legislation had, to any considerable extent,

hampered the work of women, the women themselves would doubtless have

become aware of it.

[Footnote 66: Compositors only.]

The evidence available leads to the conclusion that, except in a few

small houses, the employment of women as compositors has not been

affected by the Factory Acts.

[Sidenote: Legislation and home work.]

The earlier stages during which the protection conferred by the

Legislature was enforced, were marked by attempts on the part of certain

employers to evade the spirit of the law by means of home work.[67]

[Footnote 67: See pp. 99-101.]

One example of this practice was given by the Rev. H. W. Blunt in his

evidence before the Commission of 1876. He says that much work was sent

to be completed after factory hours. For instance, in one book-folding

firm which had occasional rushes of work, a girl was employed till 11

p.m. on the Monday before Christmas. She was then told with the other

girls that they must take home 1,000 quarto sheets to fold by the

morning. Several did so, but she refused, because her mother was on the

point of death, and the doctor said there must not be a light in the

room. She was consequently dismissed at once. Mr. Blunt says further

that religious "weeklies," the sheets of which came off the press at 12

o'clock at night, were sent out to be folded by 8 a.m. They were taken

away in perambulators, children being employed to do this every week.

[Sidenote: Work sent to "folding houses."]

Another immediate result of legislation was the expedient of sending out

work to "folding houses" which did not come within the definition of a

factory or workshop. Such places may be premises belonging to a factory

and yet separate from it. Mr. Henderson, of the Factory Department, in

giving evidence before the Commission of 1876, says: "Some years ago I

came across Messrs. X., where newspapers were folded wholesale by steam

machinery, and I thought it was a factory. Messrs. X. resisted the idea.

Boys were employed at irregular hours, but the Crown officers decided

that it was not a factory." Christmas card packing and sorting are in

the same position. Miss Deane, a lady factory inspector, who made a

special investigation into the conditions of the Christmas card industry

as recently as 1899, points out that many of the workplaces are outside

the operation of the Act.

In the Report on Factories and Workshops for 1899, she says: "A large

number of Christmas cards, almanacs, etc., are made in Germany and are

sent to England, where girls are employed in sorting and repacking and

arranging them, for the purpose of being sold wholesale. Such places,

unless attached to some factory or workshop, being unregulated by the

Act, the girls are without the protection afforded by the law regarding

length of hours, meal-times, etc. It was impossible not to be struck by

the difference between the conditions found in one such place and those

found in the large airy sorting rooms of a publishing factory close

by--yet the girls in the stuffy workroom of the former were without the

protection given by the law in the latter workplace. A curious instance

arose in connection with one such place where about forty girls had been

employed in packing and sorting for illegal hours. The occupier took to

employing some of them in affixing a minute bow of ribbon to the cards,

and during this temporary employment all the girls could claim and were

accorded the protection of the Factory Acts. Excessive hours in hitherto

unsuspected workrooms were also found to be worked in the processes of

adapting and preparing bonbons for sale. In some cases, baskets, boxes

and bags, were trimmed for the reception of these articles, in others

they were merely selected and arranged in patterns in fancy boxes

subsequently tied up with ribbon. In the first case clearly, and in the

last also probably, the definition of workshop under the Act applies.

Instructions were given and better conditions have gained the day."

Speaking of these unregulated workplaces, in the same report, Miss Deane

remarks: "In the course of some inspections after midnight last winter

near the City, I came across several of these workplaces where women,

girls and children, were then at work under deplorable conditions--dirty

rooms, foul, gassy air, and overcrowding. In one of them I was met by

the observation that 'I might come in if I liked, but I could do nothing

there.'"

The experience of two of our investigators corroborates the above

statement. One of them says: "At about 2.45 a.m. we went to see

newspapers folded by women in the City. It was done in an old

tumble-down room opposite a printing shop. We peeped in through a chink

in the shutters--it was a boiling night, and the shutters were

closed--and we could see a man carrying in a load of paper from time to

time. When we entered we found four women streaming with perspiration in

the foul hot atmosphere, folding away at the ... _News_. They were quite

friendly and communicative, and told us they came every Thursday night

about 11 p.m. and stayed till they had done. They were paid three times

as much as day-workers and did no regular work in the daytime. Before

beginning work they had a cup of tea. They said they liked the work and

were glad that the Factory Act could not stop them; the police had been

round to them and also two young ladies, but nothing had happened; and

they considered that they were quite old enough to do nightwork if they

liked."

Folding houses are growing fewer in number owing, no doubt, to the fact

that rent is so high in the City and space so valuable, that it is not

worth while to erect them separate from a factory. Viewed also with

dislike by factory inspectors as a means of evading the law, their

tenure of life is not likely to be long.

[Sidenote: Nightwork.]

Employers admit that the effect of the Factory Acts has been to make

them reduce nightwork. In criticising the Act before the Commission of

1876, Mr. Bell, of the firm of Darton, Bell and Thomas, bookbinders,

says: "The Factory Act of 1867 has been a boon to employers and

employed, because it has enabled us to put pressure on customers. Now we

can say to the public 'We can't go beyond certain hours,' and,

therefore, work not new has to be sent in earlier."

Mr. Darton, of the same firm, adds: "We have persuaded booksellers to

give out stock work in June and July instead of September or October,

and so begin the work earlier and avoid nightwork." This stimulus is

undoubtedly good, and these views are echoed by other employers.

The whole question of how far the practical prohibition of overtime for

women has limited the volume of work available for them, and thus

diminished their aggregate wages, needs very careful consideration, as

mistaken conclusions may easily be formed. The matter was carefully

considered by a Committee of the Economic Section of the British

Association, appointed in 1901, to enquire into the effect of special

legislation on women, and the following extracts from its final

report[68] are of some interest:--

"A very important, perhaps from the economic point of view the most

important, effect of legislation has been to spread the period of work

more uniformly through the week, month, and year than had been the case

before regulation" (p. 5).

"The tendency to put off giving orders to the last moment is easily

checked when the customer can be met with a universal legal prohibition"

(p. 7).

"Restriction is met by adaptation of manufacture or rearrangement of

numbers employed and time at which work is done, women being still

employed at the work" (p. 13).

"Except for a few complaints as to the abolition of the possibility of

payment for overtime, which, as has been pointed out, by no means prove

any loss of earnings ... the Committee have no record ... of any loss of

wages or earnings traceable to the [Factory] Acts" (p. 25).

[Footnote 68: Presented at Southport in 1903.]

Thus, it will be seen that the loss of overtime is not necessarily a

loss of work, but a re-distribution (and an economical one, too) of the

times at which work is done, and does not therefore mean a loss in

income, but a steadying and regulation of income.

Nevertheless, before the re-organisation which has been consequent on

Factory legislation, overtime and nightwork were necessary in order to

turn out a certain volume of trade by a certain number of workpeople,

and the influence of restrictive legislation has been shown in the

following directions:--

1st. An increase in the class of workers called "job hands";

2nd. An enlargement of the permanent staff;

3rd. A rearrangement of the employment of male and female labour.

The third of these changes we have found to be practically

imperceptible, whilst the second has affected women most beneficially.

[Sidenote: The job hand.]

On the margin of casual and regular labour the job hand stands--the

reserve battalion of this section of the labour army. She is generally a

married woman, and commonly the wife of a faulty husband. She does not

want regular work, and only desires to earn a certain limited wage. When

she goes to a factory in search of work, she has to wait idle for hour

upon hour, but she generally stays at home until summoned by her

forewoman. Certain kinds of cheap seasonal work as, for instance, penny

almanacs, are almost exclusively done by her,[69] and she is commonly

employed either periodically, _e.g._, for weekly papers and monthly

magazines, or casually, _e.g._, prospectus work, for rushes. A notice in

certain public-houses, or information supplied to certain known agents,

brings her to the place where she is wanted.

[Footnote 69: "The majority of the almanac makers are married women who

stay at home from February to July": Leeds.]

Job hands existed before 1867, but at that time they did not hold quite

the same position in the trade as they do now. They were the _hands_ who

went to different firms for two or three nights a month to help in a

recognised rush of work which occurred regularly. In the Commissioners'

Report for 1876, mention is made several times of job hands who were

employed quite regularly for definite pieces of work at definite times

during the month. Firms publishing certain weekly papers were in the

habit of employing women in folding during the early hours of the

morning before distributing the papers to the newsagents. Firms which

printed monthly magazines needed women to fold all night for two or

three nights or more at the end of each month. Such employment naturally

came to an end as soon as the Act of 1867 came into operation; but the

job hand only changed her hours. It became necessary during rushes of

work to call in extra hands, in order to comply with the clauses of the

Act, and many firms solved the difficulty by employing job hands during

the day instead of at night, for a few days to meet the emergency.[70]

This work was generally taken up by married women who had served in the

trade before marriage, and who were glad to get a few days' employment

from time to time.

[Footnote 70: But this is not the invariable rule. A manager of a firm

dealing largely in magazines and periodical issues says: "The effect of

legal restrictions on our business is to make women work hard for two

weeks and slacken off for two weeks. There is no thought of giving the

work to men, or of sending it home, or of employing job hands."]

[Sidenote: Increase of permanent staff.]

The second method of solving the difficulty--by employing a larger

permanent staff--involves the erection of more extensive premises, and

can only be adopted by firms whose financial position enables them to

meet a considerable outlay. It is probably the best means for ensuring

that work shall be done efficiently for the employer, and conducted

under the most favourable conditions for the employed.

[Sidenote: Nightwork and overtime.]

But there still remains a slight residuum of nightwork which has to be

done by men. To this extent, and to this extent only, can restriction be

said to have hindered the employment of women.

We have tried to ascertain how much this really means to the women

workers. Thirty-three firms stated that work of the same character as

that performed by women in the daytime was sometimes given out to men

at night. We cannot, however, assume that the work is always given to

men on account of legal restrictions, and it does not follow that the

abolition of such restrictions would induce all masters to introduce

women for nightwork. Several of them, indeed, emphatically deny that

they would adopt this practice; and in some instances we have been told

that it was not observed in the best firms before the law prohibited it,

_e.g._, "Mr. A. remembers the time before the Act of 1867 (he has been

in the trade since 1851). He could have worked women at night, but never

would because of questions of morality."

These statements are, however, only part of the case, because nightwork

is generally overtime, and we must consider how far employers care to

practise it.

There seems to be an almost unanimous opinion against overtime, and any

mention of factory legislation appears to suggest overtime at once to

both employers and employed. Experience has driven it home to them that

overtime is a most uneconomical method of work;[71] and as there does

not appear to be any demand for women's labour at night except

occasionally as overtime, the factory law in this respect is only a

protection to the employée engaged by the employer who is still

experimenting with this unproductive use of labour.

[Footnote 71: "When the factory (now a large provincial lithographer's,

almanac maker's, etc.), was a small one, and it employed only a few

hands, they used to work a great deal of overtime. They used all the

time they were allowed by the Factory Acts and sometimes tried to get in

more. But now they do not find it pays to work overtime."--It is of some

importance to note that a responsible spokesman for the men engaged in

London houses informed one of our investigators that when men are put on

at night to fold "they take it easy, and six men do in two hours what

two women do in two hours. They don't bother to walk up and down

gathering, but sit at it in a row, and hand sheets on from one to the

other."]

[Sidenote: Testimony of employers.]

Some employers, like Mr. Bell,[72] admit candidly enough that

legislation enables them to be more humane (and humanity in this respect

pays) than they could otherwise afford to be. The Act is "a great

relief," such an employer has said. "Legislation is an excellent thing;

existing hours are quite long enough. If a person has not done her work

by the time they are up, she never will do it." "The Factory Acts are a

very good thing," another has said. "Long hours diminish the output"; or

again: "Factory legislation is a capital thing; I only wish it could be

extended to men." "Women are not so strong as men, and therefore the law

rightly steps in." "I think it would be very inadvisable to employ women

at night. I think legislation a very good thing. Overtime is not really

worth it." "Legislation is a very good thing. I don't believe in long

hours. Employers are often shortsighted and think that workers are like

machines--the longer you work them the more they do, but this is not

really the case; if they work from 9 to 7 they have done as much as they

are good for." "The good done by the Factory Acts has quite outweighed

any evils or hardships." Another employer remarked: "I shouldn't like my

own daughter to do it, and I don't see why other women should do so. I

should think it a very bad thing for women to go home in the early hours

of the morning." On hearing that restrictions were objected to on the

score that they hindered the employment of women, he replied scathingly

that it was rubbish, but that "ladies must have something to talk

about."

[Footnote 72: _Cf._ p. 78.]

From this it is evident that protection is viewed favourably by many

employers, on the specific ground that it prevents systematic overtime.

On the whole, they are of the opinion that nightwork is harmful to

women, and that after overtime the next day's work suffers. Some are

doubtful whether they would employ women at night even if the law

permitted it. Nightwork, they assert, is unfit for women, not merely on

account of the harm to health, but because of the insult and temptation

to which they are exposed in going home. Whether these views would have

been held so generally before the passing of the Factory Acts it is not

possible to say; probably the results have justified the Act, and

experience has provided moral reasons for legal limitations.

* * * * *

Such in the main is the attitude of employers towards legislation. Of

103 who expressed an opinion, twenty-six stated that legislation had not

affected women's labour at all, sixty considered it to have been

beneficial, and seventeen looked on all legislation as grandmotherly and

ridiculous--one among these thinking that legislation was all very well,

and much needed in the City, but that Southwark should be free from

interference. The attitude of those employers who objected to

interference was expressed generally in some such way as that it was

"unnecessary" for their trade at least, even if desirable for others.

Pressed to explain what "unnecessary" meant, they said that women could

take care of themselves; that protection was all very well for young

girls, but when women arrived at the age of forty or fifty they could do

what they liked; that it was hard on women that they should not be

allowed to work day and night as well; that women could stand overtime

just as well as men; and, finally, that legislation pressed very

severely on the employer, who had to use the more expensive medium for

doing nightwork, viz., men.

Such is the attitude of these employers, and it is fairly well expressed

in the following quotation from _The Stationery Trades' Journal_,

September, 1880:--

"We report in another column a case in which Messrs. Pardon & Co. were

summoned for an offence under the Factory Acts. Four women were employed

during the night to fold a periodical which is printed by Messrs. P. The

youngest of the four women was a married woman of thirty-five, whose

husband is unable to work, and she, like the rest, prized the job

because it afforded the means of earning a little extra money for the

support of her family. Under the pretence of protecting these women, the

law steps in and says: 'Your families may starve or go to the workhouse,

but you shall not work overtime or go beyond the limits prescribed by

the Act. You cannot be trusted with the care of your own health. You may

fast as much as you like; it will do you good and help your children to

grow up stalwart men and women--but you shall not endanger your health

by working too many hours at a time.' This in substance is what the law

does for women. As regards the employment of children and young persons,

the Act is no doubt beneficial, but surely women of thirty-five and

forty do not need the same legislative protection as children. A great

deal of sentimental nonsense is written and spoken by benevolent

busybodies without practical knowledge of the subjects with which they

meddle; and one of the results is the application of the Factory Acts to

women who are old enough to judge for themselves. In the case alluded to

there was more real benevolence in providing work for women than in

limiting their hours of employment." As a contrast to these opinions,

the views on overtime expressed in the Factory Inspector's Report for

1899 are worth noting:--

"The prohibition of overtime for young persons imposed by Section 14 of

the Factory Act of 1895 has, in my opinion, proved to be the most

beneficial clause of that Act. It has, moreover, been carried out

without any serious interference with trade and without causing much

difficulty to the inspectors.

"The further restriction in the same clause of the overtime employment

of women by reducing the number of times on which it may be worked in

any twelve months from forty-eight to thirty was also a step in the

right direction. If overtime were abolished altogether except for

preserving perishable articles, the season trades would soon accommodate

themselves to doing without overtime in the same way that the cotton,

woollen, linen and silk manufacturing trades have done, for they also

are season trades."

[Sidenote: Opinion of employées.]

Among the older workers in the trade are men and women who remember

conditions before the passing of the 1867 Act, and the experience of

some of them and the comparison they make between work done before and

after the Act is worthy of note.

A. used to work till 10 every night when she first entered the trade.

She was glad when the Act was passed to get home early, and never liked

working late.

B. used to work from 8 a.m. to 8 p.m. regularly, including Saturdays.

Frequently she had to work till 10 or 12 and sometimes to begin at 5

a.m. The "young governor" used to take her and some of the other girls

home at night as they were afraid to go alone. She disliked overtime,

was tired out at the end of a day's work, and thought the other women

were too, and she had often noticed how badly the work was done after

eight or nine hours at it. Later on, as a forewoman, she noticed that

the girls after overtime always loafed about the next day and did not

work well. Some women liked overtime, but she noticed it was always

those who spent the extra money earned on drink. She did not think that

work had gone from the women in consequence of factory legislation, but

thought that married women were employed for a little while during a

rush of work where before the regular hands were kept working late. She

remembered how tiresome it was for the married women to get home in

time to fetch their babies from the _crêches_ when the hours were from 8

to 8.

C. has often heard her mother-in-law say that as a girl she constantly

worked all night and then had to work just the same the next day. She

used to consider that to get home at 7 on Saturday was early, and now

every young lady looks forward to her Saturday afternoon. Workpeople

have a much better time than they used to. There were no proper meal

hours. She used to get "just a snack between her work."

D. remembers that when they were busy they had to work all night and all

the day before and the next day too. They used to work on Sundays and

were given a glass of gin. She never knew anyone who wanted to do

nightwork, and thinks eight and a half hours quite long enough for

anyone to work, especially when there is housework, too, when one gets

home.

E. remembers the time when he was a boy and women were kept at work all

night; he remembers shops where they worked regularly all night after

working all day, for two or three times a week.

F. a bookbinder, remembers women who worked all night frequently. They

were very poor, very rough, and of very low moral standing. "Some of the

women who worked could hardly be said to belong to their sex."

Respectable girls would not come for such low wages, and also because

they had to go home alone through the streets. After the Factory Acts

the moral tone and respectability increased greatly; wages were no lower

and there were fewer hours of work.[73]

[Footnote 73: This is an interesting comment on the relation between low

wages and long hours on the one hand and character on the other.]

G. says, "We used to have to come in at 6 in the morning and work till

10 or 11 at night, and then be told to come back again at 6 next day. I

often used to faint; it took all my strength away." She considers the

Factory Act an unmixed blessing.

H., before the Factory Act, has worked from 9 to 7, 8, 9, or 10. Often

as a learner she stayed till 11 or 12, and once till 12 several nights

running. Once she remembers being turned out in a thunderstorm at

midnight, and how frightened she was. Occasionally she worked all night;

they used to be given coffee at 2 a.m. Once or twice she worked from 9

a.m. one day to 2 p.m. next day; "Excitement keeps you up." They were

allowed to sing at their work and be as merry as they could; "We didn't

count it much of a hardship." Some women after leaving the factory would

go and work all night in printing houses; one woman would leave at

tea-time and go to spend the night at the "Athenæum" until 7 a.m. After

the Factory Act no one might stay beyond 10 without special permission.

Once she did work all night; they put out the lights in the front and

worked at the back. The only result of the Factory Acts that she could

see was that employers had to have larger premises and employ more

hands, instead of working a small staff hard.

J. says "I entered the trade in 1863 when I was thirteen. Boys and

porters came at 6 a.m.; journeymen at 8 a.m. (sixty hours a week); women

at 8 or 9 a.m. All had to stay as long as they were wanted, _i.e._, till

10 or 11. Boys were frequently kept till 11 p.m. I was never kept all

night. Conditions have improved for both sexes, men's owing to Trade

Unionism, women's to factory laws."

[Sidenote: The opinions of forewomen.]

The testimony of the forewomen is to the same effect. A. a forewoman,

used to work often till 10, 11, or 12 at night, sometimes all night.

Sometimes she was obliged to keep her girls all night when there was

work that had to be finished, but usually she gave them a rest the next

day. She thinks it a very good thing that they should not be allowed to

work all night; the work is piecework and long hours don't do any good,

for they mean that you work less next day: if you work all night, then

you are so tired that you have to take a day off; you have gained

nothing. She used to find that so herself.

B. a forewoman, thought the Factory Acts a very good thing. Girls

grumbled if they had to stop till 8, and she never heard of any of them

wanting to stay longer. "If you work till 8 for many weeks you get used

up; there is no change in your life, and as soon as you get home you

have to go to bed, you are so tired."

C. is a forewoman. As a girl she used to work from 8.30 a.m. to 9 or 10

at night every day from September to Christmas. She had to stay till 2

a.m. one night and come again just the same next day; she had to work

from 3 a.m. one Good Friday morning and sometimes had to come to work at

1 on Sunday mornings. This nightwork was only occasional, but she

thinks it a very good thing that it has been stopped; she never found it

pay; the girls were so tired the next day.

Another forewoman gave it as her deliberate opinion that when overtime

is worked the piece workers do not make more as a rule, for they get so

tired that if they stay late one night, they work less the next day.

This is the unanimous view held by the forewomen, and it comes with

considerable force from them, as it is they who have to arrange to get

work done somehow within a certain time. They are the people who have to

put on the pressure, and are in such a position as to see how any

particular system of getting work done answers.

[Sidenote: Exceptions.]

Among the younger women--the girls who have had no experience of

conditions before 1867, the opinion about overtime is not so unanimous.

Some few like what little overtime is allowed to them and say they would

not mind more. One such worker was met, just arrived home from her

factory late one Saturday afternoon. She had been working overtime as a

consequence of the Queen's death--the envelope makers and black

borderers were all working late just then. It was a bleak and wet

afternoon, and she came in in high spirits, evidently regarding all life

as a joke, and frankly confessing that factory life especially was a

joke, particularly when they had overtime. "It is 'larks' working late,

and the governor he up and spoke to us so nice. He says, 'Girls, you

won't mind doing a bit of overtime for the sake of our dear Queen?' and

we says 'No.' _I_ shouldn't mind doing overtime every day of the week. I

like the factory and should hate to be out of it." A few such girls

there are who are in excellent health, like the work and don't find it

monotonous, and, above all, enjoy the larger life that they meet in a

factory just as girls in another social scale enjoy public school or

college life. It is these who revel in their day's work and are not

tired at the end of it, but how in actual fact they would like longer

hours or systematic overtime it is impossible to say. It is probably the

rarity of it, the stimulus and excitement of working against time for

once in a way, the being put on their mettle by the "governor" himself,

that make the enjoyment. We must also remember that the younger hands

are those who take the most anti-social views of work and care least

about industrial conditions. But even by these few, when the idea of

all night work is suggested, it is scouted with horror. On the whole,

the view adopted is that when you have done your day's work, you have

done enough. A worker in the stationers' trade assured us that overtime

means a doctor's bill, so you don't really make anything by it. The

experience of two women who had tried nightwork illegally was also

instructive.

[Sidenote: Overtime experience.]

A. an apparently strong woman was once offered a night job when she was

hard up, and thought that it would be a "lark" to take it. She went in

about 8 a.m. on Friday and worked on with intervals for meals till 3

p.m. on Saturday, being paid piece rates for the day hours and 6_s._ for

the work between 10 p.m. and 6 a.m. She was utterly done up in

consequence of this work and lost more money next week than she made by

the whole job.

B. once worked all night in a City shop for 5_s._ and got no good out of

it, for she was so done up that she could not work at all next day, and

very little the day after.

Three girls working at the same factory, and speaking of conditions

there, said that when they were busy after 9.30 p.m. men were put on to

do the card mounting. These girls ridiculed the idea that they disliked

this or wanted to stay. "You feel quite done for by 9 o'clock. Girls

sometimes cry, they get so tired in the evening." None of the three had

ever heard of any girls who objected to the Factory Acts. "The little

ones do not mind overtime so much because they get 3_d._ an hour the

same as the full hands, but the full hands do mind. Overtime, _i.e._,

till 4 p.m., on Saturdays is not so bad because you ain't so worn out."

C. thinks it a very good thing that women may not work at night--"hours

are quite long enough as it is--you feel quite done up after working

from 8 a.m. to 9.30 p.m."

D. is very much opposed to the idea of women working at night; she hears

that in some places they work till 9 p.m. and thinks that dreadful. She

has never heard anyone grumble that they cannot work longer, and scoffed

at the idea. She herself hates overtime.

E.'s views are that if you've had work from 9 to 7 that is quite as much

as you can do properly. She never likes her daughters to work overtime,

because it only tires them out. It is sometimes rather provoking when a

job comes in late after you've been sitting idle and you have to leave

it, but thinks that it is better on the whole. Some women wouldn't mind

working "all the hours that God gives," but it is very selfish of them.

Most can't stand it. If she had to be at the factory by 8 a.m. instead

of 9 a.m., she never did any more work, because she was so tired.

So the instances could be multiplied. There is no mistaking the note of

relief that runs through the experiences of the workers who have worked

both before and after 1867. Forewomen, employers and factory inspectors,

who are in the position of the "lookers-on at the game," from different

standpoints are nearly unanimous in agreeing that protective legislation

is beneficial.

The thirty-three firms, the authorities of which are returned as having

stated that they give men at night work done by women during the day,

consist for the most part of printing houses, and the work done by women

was folding. The result produced by legislation is that men do the

folding at night and on Saturday afternoons, when there is a press of

business, but in one or two cases, a regular staff of night workers is

employed. As the men are slower workers than the women, and charge a far

higher price for their labour, it is to the employer's interest to

reduce nightwork to a minimum. Prospectuses, however, and weekly

newspapers have to be folded during the night, and this must fall to the

men's lot. In two firms, men occasionally do relief stamping for

Christmas cards when there is a great press of work, and in one firm

they do card mounting. In none of the above firms is there any question

of employing men instead of women in the daytime. In one of the

remaining two--a printing house--the manager said that perhaps he might

have more women for folding; and in another the employer distinctly said

that he would employ women for feeding his printing machines were it not

for the limitations on their hours, which renders it impossible to keep

them when a press of work comes in. These few cases can scarcely claim

to constitute a serious hindrance to women's employment; nor, in view of

the chorus of gratitude for factory legislation, can they be regarded as

a serious indictment against that legislation.

* * * * *

[Sidenote: Has legislation affected wages?]

On the question as to whether the restrictions of the Factory Acts have

affected wages, it is almost impossible to obtain any trustworthy

information. In briefly touching on it, we must be careful to

distinguish between the rate of wages and the sum total earned. There

seems an entire lack of evidence that the _rate_ of wages has been

affected, although the sum total of women's earnings collectively and

individually is obviously lowered, when some of their work is given to

men. But even then the mere deprivation of the chance of working

unlimited overtime is an altogether exaggerated measure of the loss in

wages. A human being differs from a machine, for, even when the work

done is mechanical, an interval of leisure and rest is essential, after

a certain point, before the output can be continued. Experience has

abundantly proved that for the regular worker overtime does not pay, and

is also a wasteful expedient from the point of view of the employer.

The Factory Commission of 1866 published evidence that may be accepted

as reliable regarding the wages paid in the trade before legislation

intervened. Mention is made in the Report of one firm of printers who

employed four girls for folding and stitching, three of whom, under

thirteen years of age, earned from 2_s._ to 3_s._ 6_d._; the fourth, a

sort of overlooker, earned 12_s._ Another firm of printers paid the

younger girls 4_s._ to 5_s._ a week; the older ones 8_s._ and 10_s._ The

women employed by a third firm earned at least 14_s._ a week and 3_d._

an hour overtime. In a fourth a young girl earned 9_s._ 10½_d._ for

fifty-three hours, another 12_s._ 10¾ _d._ for forty-eight hours,

another 13_s._ for fifty-seven hours, and the journeywoman 17_s._ 6_d._

for sixty hours.

In a firm where women made envelopes, one girl working from 9 a.m. to 8

p.m. every day, and till 3 p.m. on Saturdays, said she could earn 10_s._

6_d._, and a journeywoman earned from 10_s._ to 12_s._ Women making

envelopes for another firm earned 9_s._ or 10_s._ a week.

Paper-box makers earned, on an average, 9_s._ or 10_s._, some made

15_s._ or more. In another firm they earned 7_s._ or 8_s._ up to 25_s._

on piecework. Timeworkers earned 12_s._ or 14_s._; young girls earned

2_s._ 6_d._

These wages are very much the same as those paid to-day, and the hours

then were undoubtedly longer.[74] Nor must it be assumed that wages

would have risen more satisfactorily had there been no Factory Acts. Had

there been any tendency for wages to rise which the Factory Law was

retarding, that tendency would have shown itself in a marked way during

the intervals between each Act, but no such thing is observable, as Mr.

Wood's figures in the footnote indicate. Moreover, taken all together,

the evidence gathered by this investigation proves that neither the

demand for improvement nor the organisation to make that demand

effective exists in the case of the woman worker. On the other hand,

there is no evidence to show that legislation has improved wages, except

in so far as it has reduced hours without apparently having lowered

rates.

[Footnote 74: _Cf._ "The Course of Women's Wages during the Nineteenth

Century," by Mr. G. H. Wood, printed as an Appendix to "A History of

Factory Legislation," by B. L. Hutchins and A. Harrison, where the

following figures are given as the estimated average weekly earnings of

women and girls in the printing trade: 1840, 6_s._ 3_d._; 1850, 6_s._

6_d._; 1860, 7_s._ 5_d._; 1866, 7_s._ 10_d._; 1870, 8_s._ 6_d._; 1883,

8_s._ 9_d._; 1886, 8_s._ 9_d._; 1891, 9_s._ 10_d._; 1895, 9_s._ 10_d._;

1900, 10_s._ 1_d._]

On the whole there seems to be no ground for considering that special

legislation for women in this trade has materially injured the value of

their labour. There is nothing to show that their wages have decreased,

that legislation has acted as a drag upon their income, or that they

have lost employment to any appreciable extent.

* * * * *

[Sidenote: Want of elasticity in the law.]

A lack of elasticity in the law seems to be the greatest complaint of

the employers. On the face of it, it looks like a piece of senseless

red-tape that, because it is usually preferable to an employer to open

his factory between the hours of 8 to 8, he may not when it is more

convenient to him, open it between 6 and 6 or 7.30 and 7.30. It seems

absurd that it was an illegal act of an employer to allow two young

women to begin work at 6 a.m. and work till 8 p.m., whereas it would

have been quite legal if they had begun work at 8 a.m. and worked till

10 p.m., due notice having been given to the Home Office.[75]

[Footnote 75: _Stationery Trades' Journal_, 1898.]

Mr. Henderson, as above quoted, gives it as his opinion that "a wide

limit of law is necessary for printing offices where women may not work

after 8 p.m. or before 6 a.m. Hours for adult women other than at

present should be allowed by the Secretary of State, as for instance the

folders of weeklies."

Again, it is felt that a greater freedom is needed with regard to

overtime. Mr. Vaughan, the Factory Inspector for North London, in the

Factories and Workshops Report for 1899 says: "I find in some trades,

_e.g._, Christmas cards, great dissatisfaction at the curtailment of

overtime from five to three nights a week, when the busy season lasts

only for a month or so; the allowance of thirty nights a year is not

required, but an allowance of more nights during these few weeks would

be an enormous assistance. The temptation in such cases to work more

nights a week than are allowed is universally great."

It appears to be a great hardship that women who have not been working

by day may not upon occasions work by night, and both employers and

employées are unanimous in demanding that the law should recognise this

distinction. There is a great difference between retaining an ordinary

worker through the night, or for more than a certain number of hours per

week, and drafting in a fresh set of workers to do work by night at

stated periods in the month or at times of emergency.

Whether or not the law can be made sufficiently elastic to allow of

greater freedom with regard to period of employment, overtime, and

nightwork, raises difficult questions. No doubt it would be an advantage

both to employées and employers, if the law could be made so elastic,

but the difficulty of effective inspection would be so great as to

outweigh any possible advantage. The early history of factory

legislation and its working shows clearly that the intention of the Act

was defeated because employers could so easily evade its clauses. At

present it is known to a factory inspector that a factory that opens at

6 always opens at 6 and closes at 6, unless notice has been given that

overtime is being worked; if, however, an employer were free to open his

factory at 6 or 7 or 8, as occasion demanded, and close accordingly, the

difficulty of administration would obviously be greatly increased.

The same point arises with regard to nightworkers. It is quite

impossible to know among a staff of nightworkers, who has been working

all day and who are _bonâ fide_ job hands. Such cases as the following,

which was the cause of a prosecution, would occur far more frequently.

"Twenty-four girls who were employed at a neighbouring printing and

bookbinding firm, worked for twelve hours at that firm on Friday,

November 20th. They then went straight to the Carlyle Press, and worked

all night, going back to their regular work at the other firm at 8 the

next morning. The forewoman employed by the latter firm said that she

did not know these girls had been working all day, or she would not have

admitted them."[76]

[Footnote 76: _Printers' Register_, January 12th, 1892.]

It must be remembered that so far as the class of job hands is

concerned, they owe their present position in a large measure to factory

legislation. By utilising them, the employer has been able to meet a

sudden press of work, and yet to comply with the provisions of the law,

so that, without the legislation of which they now complain, many of

them would not have found employment. Moreover, job hands are not

numerous when compared with regular workers, and the provisions in the

Factory Acts which seem to bear hardly on casual labour have rightly

been passed in the interest of the permanent staff. To accede to the

demand for greater elasticity is to suppose a higher code of morals on

the part both of employers and of employed than experience justifies,

and it would also render necessary a far more elaborate and irritating

system of inspection than at present exists. The efficiency of modern

factory industry depends very greatly upon automatic working--upon its

standardisation of conditions, and the existing factory law with its

inelastic provisions is, in reality, a great aid in maintaining those

conditions of efficiency. Now and again an employer complains of some

hard experience, and forgets that a departure from rigid rule would

destroy the certainty which he feels that the law is treating him

exactly as it is his competitors. Such a feeling of security is

essential to business enterprise.

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