CHAPTER XVII

THE SPIRIT OF THE CIVIL SERVICE

The doctrine of an "implied contract" between the State

and each civil servant, to the effect that the State may

make no change in the manner of administering its great

trading departments without compensating every civil servant

however remotely or indirectly affected. The hours of

work may not be increased without compensating every one

affected. Administrative "mistakes" may not be corrected

without compensating the past beneficiaries of such

mistakes. Violation of the order that promotion must not

be mechanical, or by seniority alone, may not be corrected

without compensating those civil servants who would have

been benefitted by the continued violation of the aforesaid

order. The State may not demand increased efficiency of its

servants without compensating every one affected. Persons

filling positions for which there is no further need, must

be compensated. Each civil servant has a "vested right" to

the maintenance of such rate of promotion as obtains when he

enters the service, irrespective of the volume of business or

of any diminution in the number of higher posts consequent

upon administrative reforms. The telegraph clerks demand that

their chances of promotion be made as good as those of the

postal clerks proper, but they refuse to avail themselves of

the opportunity to pass over to the postal side proper of

the service, on the ground that the postal duties proper are

more irksome than the telegraph duties. Members of Parliament

support recalcitrant telegraph clerks whom the Government is

attempting to force to learn to perform postal duties, in

order that it may reap advantage from having combined the

postal service and the telegraph service in 1870. Special

allowances may not be discontinued; and vacations may not

be shortened, without safeguarding all "vested interests."

Further illustrations of the hopelessly unbusinesslike spirit

of the rank and file of the public servants.

Upon a preceding page has been mentioned the contention of the civil

servants that there is an implied contract between the State and the

Civil Service that the conditions of employment obtaining at any

moment shall not be changed to the disadvantage of the civil servants,

except upon payment of compensation to all persons disadvantageously

affected; and that unless such compensation is paid, any change in the

conditions and terms of employment must be limited to future entrants

upon the service of the State, or to persons who shall accept promotion

on the express condition of becoming subject to the altered terms of

employment.

[Sidenote: _Implied Contract for Six Hour Day_]

Before the Select Committee on Civil Services Expenditure, 1873, Mr.

W. E. Baxter, Financial Secretary to the Treasury, said: "I am not an

advocate for long hours; and in the mercantile business with which I am

connected, I have years ago reduced the hours both of the clerks and of

the workmen, but I am inclined to think the six hours given to their

work by the Government officials [that is, Upper and Lower Division

clerks], rather too short a period, and that it might with advantage

be somewhat lengthened. At the same time we must always keep in mind

that the effect of lengthening the hours would be to cause an immediate

demand for an increase of pay. However I have a very strong impression

that in most of the Government offices there are too many clerks, and

that there might be considerable economy in a reduction of numbers and

an increase of hours."

The Chancellor of the Exchequer stated to the Committee that it would

be inexpedient to try to raise the hours of clerks from 6 hours to,

say, 7 hours. He said: "I suspect that my one-seventh more time would

be more than compensated by my having to pay them a great deal more

than one-seventh more salary; and I think it would be very perilous to

take up the floodgates in that way."[363]

Before the Royal Commission appointed to inquire into the Civil

Establishments, 1888, Sir Reginald E. Welby, Permanent Secretary to

the Treasury, stated that he was in favor of extending the hours of

the Upper and Lower Division clerks from 6 hours to 7. The Chairman

queried: "But can it be done with existing clerks without a breach

of faith?" Sir R. E. Welby replied: "With regard to Lower Division

clerks, it is provided that in consideration of an extra payment, which

is according to the regulation, a 6 hour office can be turned into a

7 hour office.... There is no provision of that kind for the Upper

Division, and, of course, any change would have to be made a matter

of consideration.... The arrangement made between the authorities

of the Inland Revenue and the Treasury, in those departments of the

Inland Revenue which have adopted the 7 hours system, has been that

the clerks who were under no stipulation to do 7 hours' work, should

have an extra allowance until promotion. As soon as they are promoted

to another class, we have assumed that we have the right to put our

conditions upon the promotion, and, therefore, from that time they fall

into the ordinary scale of salary without addition." At this point Mr.

H. H. Fowler, a Member of the Commission, queried: "I understand you to

say there is no provision made for altering the period of service of an

Upper Division clerk from 6 hours to 7 hours. I want to know where is

the document by which the State binds itself over to accept 6 hours'

work ...?" "Nowhere. The only thing is that when he enters the office

he is told that the hours are from 10 to 4, or from 11 to 5." Mr.

Fowler continued: "I consider this is a question of vital importance,

and I want to have it very distinctly from you: I want to know where

is the contract between the State and any Upper Division clerk in any

department, that he is only to work 6 hours a day?" "There is no such

document that I know of, and no such understanding further than the

statement upon his entering the office that the hours are such and

such." "But I want to ascertain whether there would be even an approach

to a breach of faith (if such a term may be used) if the State says:

'We insist upon our servants working for us 7 hours a day?'" "None in

my mind, and I may add that it is generally known that the hours are so

and so, but longer hours when required" [on exceptionally busy days].

To Sir T. H. Farrer, Permanent Secretary to the Board of Trade, 1867

to 1886, the Chairman of the Royal commission said: "What is your view

with reference to its being fair or necessary to increase the pay if

seven hours' work be asked from an Upper Division clerk. Do you think

there is any contract to do only 6 hours' work?" "No, there is no

contract whatever; theoretically the rule is that civil servants are

to do the business that is required of them. The practical difficulty

remains that if you do it you may have a great uproar. You may cause

discontent, and you may have, as I said before, pressure in the House

of Commons; but theoretically, and as a matter of right, I can see no

reason why every officer should not be obliged to give 7 hours for

the existing pay." "Have you not to some extent recognized it[364] by

creating a different scale of pay in the Lower Division for 7 hours

than for 6 hours?" "Yes, you have, and I am very sorry for it; when

I say you have, I was a party to it,[365] but I am sorry that we did

it." "But you are of course of opinion that when you announce that the

office hours are from 10 to 4, it means that these are the hours of

public attendance, but that it does not in any way prevent the head of

the office from asking the clerks to stop until the work is done?" "No;

but the larger your class of Lower Division clerks, the more you will

find that the hours become fixed hours, and if they are asked to attend

beyond them [because of unusual pressure of work], they will ask for

extra pay for attendance."[366]

* * * * *

[Sidenote: _Clerks are Clerks_]

In 1881, Mr. Fawcett, Postmaster General, created for the provincial

towns the class of "telegraph clerks," who are recruited from the

first class of telegraphists, and act as assistants to the assistant

superintendents. Since the men in question were styled clerks, they

immediately contended that their hours of work should be reduced from

8 hours a day to 39 hours a week, the hours of the clerks proper.

The Department always has refused to recognize that claim. But Mr.

Beaufort, Postmaster at Manchester, acting on a misreading of the

rules, from 1884 to 1890 granted the telegraph clerks at Manchester

the 39 hours a week. In 1892 the hours were raised to the correct

number, namely 8 hours a day, with half an hour for a meal. In 1896,

9 telegraph clerks from Manchester sent a spokesman to the Tweedmouth

Committee to state that they had become telegraph clerks in 1890, when

the hours were 35 a week, and that they deemed it a "hardship" to be

compelled to work 8 hours a day.[367]

In November, 1902, Mr. Austen Chamberlain, Financial Secretary to

the Treasury, stated in the House of Commons: "The town postmen at

Newton Abbot were formerly paid on too high a scale [in consequence

of an error of judgment made by a departmental officer]. The wages

were accordingly reduced some years ago, but the postmen then in the

service were allowed to retain their old scale of payment so long as

they should remain in the service, and the new scale was applied only

to postmen who entered the service subsequently. This will account for

there being temporarily two scales for postmen at Newton Abbott."[368]

[Sidenote: _Standard of Efficiency should not be Raised_]

In 1881, Mr. Fawcett, Postmaster General, established for Metropolitan

London the class of "senior telegraphists," with a salary rising by

annual increments of $40, from $800 to $950. He intended that this

class should be filled by the promotion of men from the first class

of telegraphists who possessed exceptional manipulative efficiency

as well as sufficient executive ability to act as assistants to the

assistant superintendents. But as a matter of fact many men were

promoted to this class by mere seniority and without reference to their

qualifications. In 1890, however, under Mr. Raikes, Postmaster General,

the Department resolved to promote to the senior class no more men who

were not fully qualified.[369] And in 1894, the Department imposed a

technical examination[370] between the first class of telegraphists

and the senior class, in order to insure that all men promoted to the

senior class should have the qualifications required of them. Mr. H.

C. Fischer, Controller of the London Central Telegraph Office, said

of this examination: "It is not considered unjust that this should

have been enforced in the case of men who had always been employed

on instrument duties, and who had only themselves to blame if they

neglected to acquire some knowledge of technical matters, which all

skilled telegraphists are expected to possess.... Even before the

institution of the examination it was always held that the possession

of technical knowledge gave the man an additional claim to promotion to

the senior class."[371]

Before the Tweedmouth Committee the representatives of the first class

telegraphists complained of the technical examination as a "grievance."

They said: "The regulation came into operation at once, an act which

is regarded as exceptionally unjust toward men of more than 20 years'

service, who, up to that time had understood from the general practice

of the Department, that, other things being equal, good conduct and

manipulative efficiency would secure promotion. Now, however, the

possession of technical knowledge is added as a necessary qualification

before promotion to the senior class, and this without a coincident

rise in the maximum [salary] of the first class as compensation for the

additional demand upon the capacity of the staff." As the alternative

to the raising of the maximum salary of the first class [$800], "it

was earnestly contended that the scale to which the officer is raised

on passing the examination should be materially enhanced [beyond the

present maximum of $950] in recompense for the further additional

demand upon his time, and for his pecuniary outlay in preparing himself

for the requirements of the Department."[372]

Prior to November, 1886, special intelligence was required of the

sorters of foreign letters in the London Central Post Office, who were

correspondingly well paid. The wages of the first class of sorters

of foreign letters began at $13.75 a week, and rose to $17.50, by

triennial increments of $1.25 a week. Those of the second class

began at $11.25, and rose to $13.75, by annual increments of $0.50 a

week. But in consequence of a material simplification of the duties

of the foreign letter sorters, consequent upon the changes in the

international postage charges, the Department resolved, in November,

1886, to replace the two classes of sorters of foreign letters by

one class, with wages ranging from $12.50 a week to $15.[373] It

was provided, however, that the existing sorters of the first class

should retain the old scale of wages; and that the existing sorters

of the second class should have the option of immediate promotion to

the new class, with wages rising from $12.50 to $15, or, "of being

advanced to the $13.75 to $17.50 scale, in the order in which they

would have attained to that scale if the old first class scale had

not been abolished." In other words, the men who, prior to November,

1886, had been in line for ultimate promotion to a class carrying wages

of $13.75 to $17.50, were offered the option "of being regarded as

having a vested interest to rise to $17.50 a week, as vacancies should

occur."[374]

[Sidenote: _Claim of Exemption from Vicissitudes of Life_]

In 1895, Mr. H. B. Irons, a second class sorter in London, appeared

before the Tweedmouth Committee to present the grievance of himself

and colleagues, who, prior to 1886, had given up the position of

first class letter carriers to become second class letter sorters in

order to improve their prospects of promotion. The grievance was that

the prospects of promotion of letter sorters had been curtailed by

the abolition of the sorterships of foreign letters in 1886, and the

abolition of the sortership of the first class of inland and foreign

newspapers in 1890. Mr. Irons alleged that he would have remained

a letter carrier had he foreseen the changes in question.[375] His

argument was that the civil servant must be exempt from the ordinary

chances and vicissitudes of life.

* * * * *

In 1890 some senior telegraphists protested that they ought to be made

assistant superintendents, alleging that they were performing the

duties of assistant superintendents. Mr. Raikes, Postmaster General,

found that some of the duties of the complainants were of the nature

alleged, but not all of them. Therefore, he made the complainants,

forty-nine in number, second class assistant superintendents. By 1896,

this new class had come to number sixty-five.

From 1881 to 1890, the proportion borne by the senior telegraphists to

the first class and second class telegraphists had ranged between 1 to

6.6 and 1 to 7.7. The promotion of forty-nine senior telegraphists in

1890, and of the others in subsequent years, raised the proportion in

question to 1 to 10, in 1895. But counting senior telegraphists and

second class assistant superintendents, there was, in 1895, one of

these superior officers to each 6.5 of first class and second class

telegraphists. In other words, the rate of promotion of first class

and second class telegraphists to appointments superior to the first

class of telegraphists, but inferior to the position of assistant

superintendent, had been more rapid in 1891 to 1895, than it had been

in 1881 to 1890.

In 1895, Mr. Nicholson, Chairman London Branch of the Postal Telegraph

Clerks' Association, appeared before the Tweedmouth Committee to voice

the grievance of the first class and second class telegraphists, which

was, that the rate of promotion from the second class and first class

had decreased, as shown by the fact that there was only one senior

telegraphist to each ten first class and second class telegraphists.

Mr. Nicholson contended that the increase of telegraphic messages

consequent upon the introduction of the charge of 12 cents for 12

words had necessitated the creation of a new class, the second

class superintendents; and that the first class and second class

telegraphists had a right to demand that they should derive benefit

from that increase of traffic and that necessity of creating a new

class of officers. That the Department's failure to fill the vacancies

created in the senior class of telegraphists by promotions to the

class of second class superintendents, had deprived the first class

and second class telegraphists of all advantage arising out of the

creation of a new class of officers, the second class assistant

superintendents.[376]

[Sidenote: _Right to Fixed Rate of Promotion_]

The nature of the claim made by the Chairman London Branch of the

Postal Telegraph Clerks' Association is forcibly illustrated by the

following incident from the proceedings of the Royal Commission

on Civil Establishments, 1888. Mr. H. A. Davies, the official

representative of the clerks in the Receiver and Accountant General's

Office of the General Post Office, had made a similar demand on behalf

of the men whom he represented. The Chairman asked him: "Does a man

enter the public service on the assumption that all the upper places

are to remain the same as when he enters.... If you and I enter the

public service finding a certain Department, the Post Office or any

other, with twenty posts above to which we had a reasonable hope, if we

behaved well, and showed merit; if administrative reform takes away

five of these posts, are we entitled to compensation, because that is

what it [your allegation of grievance] comes to? Can you say, there

being no contract whatever between me and the State when I entered

the office as a clerk, no contract whatever that I should attain to

a higher post, except when there is a vacancy, that I have a claim

[to compensation] when administrative reform takes away some of the

other places?" The spokesman of the Post Office clerks replied: "If

I were defending that [position] to Parliament, I think I should say

that the country has a certain duty toward men who, when they entered

the service, had, judging by the precedents of their office, a fair

prospect of reasonable promotion, and that if any economy is effected

by subsequent administrative reforms, the sufferers deserve some

consideration."[377]

* * * * *

From 1885 to 1888 Mr. Lawson, M. P.,[378] was a Member of the Royal

Commission appointed to inquire into the Civil Establishments. In

March, 1889, he intervened in the administration of the Post Office

by asking the Postmaster General how many vacancies there were in the

first class of telegraphists at the Central Telegraph Office, London;

how long those vacancies had been open, and whether the Postmaster

General had received a petition from the second class telegraphists for

their promotion; and whether there was anything to prevent him from

complying with the request. The Postmaster General replied that on

January 1, 1889, there had been 53 vacancies. "To thirty-four of those

vacancies I have made promotions within the last few days; and this,

practically, is an answer to the petition of December, 1888."[379] The

reader will recall that in February, 1888, Mr. Lawson had intervened on

behalf of a letter carrier who had been dismissed in 1882. In 1889 to

1892, and 1897 to 1904, Mr. Lawson was a Member of the London County

Council.

In June, 1902, Mr. Hay, M. P.,[380] asked the Postmaster General,

through the Financial Secretary to the Treasury: "With reference to

the fact that the proportion of appointments above $800 a year in the

Central Telegraph Office, London, now bears the same relation to the

staff below that salary as during the period when the circular [1881 to

1891] was issued promising a prospect of $950, whether he is aware that

during the years 1882 to 1892 the proportion was one appointment above

$800 to 5.5 below [that salary], and that the proportion at the present

time is one appointment above $800 to 6.4 below; and, seeing that this

difference of proportion represents nearly forty appointments, above

$800, whether he will take steps to readjust that proportion on the

basis of 1 to 5.5?"[381] In 1906, Mr. Hay was made a member of the

Select Committee on Post Office Servants.

In April and in August, 1902, Captain Norton asked the Postmaster

General, through the Financial Secretary to the Treasury, to appoint

so many additional senior telegraphists that it should no longer be

necessary to call on men in the class below to act as substitutes

for the senior telegraphists who were taking their annual leave of

one month.[382] In 1906, Captain Norton became a Junior Lord of the

Treasury in the Sir Campbell-Bannerman Ministry.

In February, 1902, Mr. Plummer[383] stated that at Newcastle-on-Tyne

thirty-eight telegraphists, who had, on an average, served 27 years

each, were waiting for promotion. "Will the Postmaster General

facilitate promotion by enforcing in the future the Civil Service

Regulation with reference to retirement[384] at the age of sixty

years?" Mr. Austen Chamberlain, Financial Secretary to the Treasury,

replied: "The Postmaster General would not feel justified in

enforcing the retirement of any efficient officers for the purpose

of accelerating the promotion of others." On August 1, 1902, Captain

Norton repeated the request.[385]

On November 24, 1902, Mr. O'Brien asked the Postmaster to create more

rapid promotion at Liverpool by retiring all men who had qualified for

the maximum pension [two-thirds of salary], irrespective of the fitness

of such men to continue to serve.[386]

On June 19, 1902, Mr. Keir Hardie asked the Secretary to the Treasury,

as representing the Postmaster General: "Whether he will state the

special qualifications which necessitate the retention in the Postal

service of the assistant superintendent, Mr. Napper, and the inspector,

Mr. Graham, at the West Central District Office, after reaching 60

years of age; and if the probable date of retirement can be given?"

On July 28, 1902, Mr. Keir Hardie asked: "If he will state what are

the special qualifications which necessitate the retention of the

inspector, Mr. E. Stamp, at the North Western District Office, after

attaining the age of 60 years; and if he can give the probable date of

this officer's retirement?"[387]

Any officer who is retired with a pension, on account of ill health,

before he is sixty years of age, may, if he recovers his health, be

recalled to duty at the discretion of the head of his Department or of

the Treasury. Under such circumstances the officer receives the salary

of his new office and so much of his pension as shall be sufficient

to make his total income equal to the original pension. Under the

foregoing rule two officers were made respectively postmaster at

Bristol and postmaster at Hastings.

Before the Tweedmouth Committee, Mr. Uren, President of the

Postmasters' Association, protested against such "blocking of some

of the best offices by pensioners.... Here are two good offices,

one with $4,000 a year, and the other with $2,750, which are taken

up by pensioners who recover their health, and so block a line of

promotion.... I only mention these as the two most recent cases with

which this sort of thing has happened, but they are not the only

occasions by a good many, which I am instructed to bring before your

Committee as a fair subject for consideration." Mr. Crosse, another

witness, added: "The Postal Clerks' Association also desire to

endorse the evidence put forward by the Postmasters' Association as

to the anomaly and injustice of certain postmasters being retained

in the service who are in the receipt of pension and salary from the

Department."[388]

[Sidenote: _Mechanical Equality Demanded_]

Prior to August, 1891, the postmen of metropolitan London were divided

into two classes: the second class, with wages rising from $4.50 a week

to $6, by annual increments of $0.25 a week; and the first class, with

wages rising from $6 a week, to $7.50, by annual increments of $0.25

a week. In consequence of the rapid growth of the postal business,

however, the postmen frequently passed through the second class into

the first class, not in six years, but in from two to five years. But

the rate of promotion from the second class into the first differed

materially in the several metropolitan branch offices, because of the

unequal growth of business at those several offices. That inequality of

promotion violated the ideal[389] of the civil servants, which is, that

all should fare alike; and therefore, the postmen demanded that the

division into two classes be abolished, and that every postman should

rise, by stated annual increments, from the initial wage of $4.50 to

the final wage of $7.50. But the abolition of classification would put

an end to the possibility of those rapid passings through the stages

between $4.50 and $6 that had been of frequent occurrence in the past

in some of the metropolitan branch offices. By way of compensation for

the loss of that chance the postmen demanded that the annual increment

be increased beyond $0.25 a week.

The Department, in August, 1891, abolished the classification of the

postmen, but it refused to raise the annual increment. It said that

the rapid promotion from $4.50 to $6 that had characterized the past

had been an accident, that it had not been foreseen, and that the men

who had entered the service while it had obtained had not acquired a

vested right to it. In 1896 the men who had been postmen prior to the

abolition of classification appeared before the Tweedmouth Committee

with the statement that they "were under the impression that it was an

official principle that no individual should suffer by the introduction

of a new scale of promotion or wages." They demanded compensation for

the fact that they had lost, in 1891, the possibility of passing in

less than the regular time from the wage of $4.50 to that of $6. They

stated that they were prepared to show that "they had suffered material

pecuniary loss ... amounting in some cases to about $500."[390] All

of which goes to show that in the British Post Office service the

abolition of a grievance can in turn become a grievance.

[Sidenote: _Equality, not Opportunity_]

Before the Tweedmouth Committee appeared also the representatives

of the telegraphers, to demand the abolition of the division of the

telegraphers into classes, with promotion by merit between the classes.

They demanded amalgamation into a single class, in which each one

should pass automatically from the minimum pay to the maximum, provided

he was not arrested by the efficiency bar, to be placed at $800 a

year. Mr. E. B. L. Hill, Assistant Secretary, General Post Office,

London, began his discussion of this demand by quoting with approval

the conclusion of the Telegraph Committee of 1893, which was: "We have

taken great pains to investigate this matter. Almost without exception

the provincial postmasters and telegraph superintendents were opposed

to an amalgamation of the classes, and gave the strongest testimony

to the value of the present division [into classes] as a means of

discouraging indifference, and encouraging zeal and efficiency. We

think ... that for purposes of discipline it is desirable to maintain

the division of the establishment into two classes." Mr. Hill continued

by saying that in the course of the last three or four years he had

changed his opinion, and had come to the conclusion that amalgamation

into one class must come. "The staff seems to desire, first of all,

equality, and the abolition of classification seems to insure the

fulfillment of that wish. At the same time classification is a valuable

incentive to exertion and efficiency...."[391]

[Sidenote: _Opportunities Rejected; Increased Pay Demanded_]

In 1896 the proportion borne by the supervising officers above the rank

of first class sorting clerks to the total staff of sorting clerks

was 18.85 per cent., whereas the proportion borne by the officers

above the rank of first class telegraphists to the total staff was

12.59 per cent. At the same time the proportion borne by the first

class clerks to the total of first and second class clerks was 20.17

per cent. on the postal side of the service, and 24.64 per cent. on

the telegraph side. In other words, the chances of promotion to a

supervising position are much better in the postal branch than in the

telegraph branch; so much so, that to an able and energetic man, the

postal branch is more attractive than the telegraph branch, even though

the chances of reaching a first class clerkship are somewhat better in

the telegraph branch than in the postal branch. But the letter sorting

clerk's work is more irksome than the work of the telegraphist, and

therefore "the telegraphists are usually reluctant, notwithstanding the

better prospects of promotion, to accept work on the postal side." For

example, in the four years ending with 1896, only ten telegraphists at

Birmingham had themselves transferred to the postal side, and three of

those ten had themselves re-transferred to the instrument room, because

the work on the postal side proved too hard for them. Again, on March

6, 1896, Mr. Harley, the postmaster at Manchester, issued the following

notice: "I should like to afford an opportunity to telegraphists in

this office of becoming acquainted with letter sorting duties, and,

with this view, if a sufficient number of officers apply, I will

arrange an evening duty of from 2 to 3 hours in the sorting office for

a month in every three, such duty to form a portion of their 8 hours'

duty. About 50 officers would be required to enable me to carry this

suggestion into effect, and I shall be glad if all officers who are

disposed to avail themselves of this opportunity of acquiring postal

knowledge will submit their names." At the end of three weeks Mr.

Harley had not had a single response, though he had in person explained

to a number of "representative telegraphists the advantage which a

knowledge of postal work would give them."

The telegraphists, as a body, decline to avail themselves of the

opportunities offered them to improve their chances of promotion; none

the less they allege they have a grievance in the fact that their

chances of promotion are not so good as are the chances of the sorting

clerks. They demand that the Post Office redress their grievance,

either by increasing the number of telegraph supervising officers, or

by raising the salaries of the first and second class telegraphists

sufficiently to compensate the telegraphists for their smaller chance

of becoming supervising officers.[392]

[Sidenote: _Parliamentary Intervention_]

The telegraphists even try to bring pressure on the Government to stop

the Post Office from forcing them to learn letter sorting. For example,

in 1896, the Post Office required the telegraphists and sorters

employed in the Oxford Central Post Office to work at the pleasure of

the Oxford postmaster at letter sorting or at telegraphing. The Oxford

telegraph clerks argued that they had contracts with the Government to

work as telegraph operators, and that the Government had no right to

force them either to do sorting, or to suffer transfer to some other

office where the convenience of the Government would not be affected

by their refusal to act as sorters. The clerks kept up their agitation

for years, and in December, 1902, they induced Mr. Samuel,[393] M. P.,

to champion their cause in the House of Commons.[394] Mr. Samuel, in

1895 and 1900, had contested unsuccessfully South Oxfordshire. He took

"First Class Honors" at Oxford, and he has published: _Liberalism,

Its Principles and Purposes_. In 1906, Mr. Samuel became Under Home

Secretary in the Campbell-Bannerman Ministry.

In June, 1904, Mr. William Jones asked the Postmaster General:

"Whether he is aware that for some time past endeavors have been made

to compel the telegraph staff at Oxford to perform postal duties, and

that they have been informed that they would be removed compulsorily

to other offices in the event of the men declining to perform those

duties; and whether, in view of the declaration of previous Postmasters

General, that telegraphists who had entered the service before 1896

are exempt from the performance of postal work, he will explain the

reasons for his action?" Lord Stanley, Postmaster General, replied:

"The telegraph work at Oxford has of late considerably fallen off

[in consequence of the competition from the telephone], and there is

consequently not sufficient work to keep the officers in the telegraph

office fully occupied. Their services have therefore been utilized

for the benefit of the Department in such manner as the exigencies

of the service require. All officers of the Department are expected

loyally to perform any work required of them which they are capable

of undertaking; and unless some means can be found of utilizing

the services of redundant telegraphists at the offices where they

are at present employed, a transfer to another office is the only

alternative."[395] Mr. Jones had sat in Parliament since 1895. He is a

private tutor at Oxford; has been assistant schoolmaster at Anglesey;

and has served under the London School Board.[396]

Within ten days of the Jones episode, Mr. Dobbie,[397] who had just

been sent to Parliament to represent Ayr Burghs, Scotland, intervened

on behalf of the Glasgow Post Office clerks, who objected to being

compelled to do dual duties.[398] At about the same time Mr. Henderson,

who, before entering Parliament, had been a Member of the Newcastle

Town Council, intervened on behalf of one Chandler, a sorting clerk

and telegraphist at Middlesbrough, who had been informed that his

increment would be withheld because of his ignorance of telegraphy. The

Postmaster General replied: "All the circumstances of his case have

already been examined more than once both by my predecessor and myself,

and I am quite satisfied that he has received proper treatment."[399]

In October, 1906, Mr. Parker, M. P., intervened on behalf of some

telegraph clerks at Halifax who were being made to sort letters.[400]

The Bradford Committee on Post Office Wages, 1904, reported: "... it

was pointed out that in the larger offices promotion is better on the

Postal side.... This is admitted, though we understand that it is open

to any telegraphists to acquire a knowledge of Postal business, and

so qualify for promotion on either side. It is found that this is not

done, however, as the men prefer the Telegraph work to the more irksome

Postal duties."

[Sidenote: _Sundry Vested Rights_]

The Post Office gives those counter men of London and Dublin who

receive or pay money over the counter, a risk allowance, for the

purpose of reimbursing them for any errors that they may make in

dealing with the public. No such allowance is given to the postal

clerks in any other city; nor are such allowances paid by railway

companies or other private employers. Upon the provincial Post Office

clerks making a demand for equal treatment with the London and Dublin

clerks, the Department decided to discontinue the allowances in London

and Dublin "as to future entrants to the postal service," and under

"the most sacred preservation of all existing interests."[401] The

Tweedmouth Committee endorsed this resolution, with the statement that

"the rights of existing holders of risk allowances should, of course,

in all cases be maintained."

The Tweedmouth Committee suggested a new scale of pay for the several

kinds of letter sorters in London. That new scale was suggested for two

reasons: for the purpose of discontinuing the complex system of special

allowances that had sprung up; and for the purpose of reducing the pay

of several classes of sorters, the existing scale of payment being too

high. The Committee proposed that all existing rights be safeguarded,

saying: "Present holders of allowances should enter the [new] scale

of salary at a point equal to their previous salary and allowances

combined, and wherever the maximum of the present scale together with

the allowances exceeds the maximum of the new scale, that, but no

further excess, should be granted."[402]

The Tweedmouth Committee also reported: "We think that the holidays of

the Dublin and Edinburgh [telegram] tracers should for the future be 14

week days, the same period as London men performing the same duties,

instead of 3 weeks as at present, the change as to holidays of course

not applying to present members of the class."[403]

The Tweedmouth Committee concluded that the holidays given to the

letter sorters and the telegraphists in London and in the provincial

towns were excessive. It proposed that the annual vacation of 21 week

days during the first 5 years of service and of one month after 5 years

of service, be reduced, to respectively 14 week days and 21 week days.

It added: "It is not, however, suggested that this change should apply

to those officers already in the service who receive a leave of 3 weeks

during the first 5 years, nor is it proposed to curtail the leave

granted to those officers who have already served 5 years, and are,

therefore, in enjoyment of a month's holiday."[404]

Before the Royal Commission on Civil Establishments, 1888, Sir

Reginald E. Welby, Secretary to the Treasury, testified that throughout

the Civil Service the Upper Division Clerks had 48 working days'

vacation a year, besides the usual holidays. He said that but for

custom, which had become "almost common law," there was no reason for

giving such a "very liberal" annual vacation. But he added that any

change should be made to apply only to future entrants to the public

service.[405]

In 1892 the Department increased from 21 week days, to one calendar

month, the annual leave of all men in the Central Post Office, London,

who were in receipt of $750 a year, or more. In the following year,

1893, the Department gave the same increase to men with $750 a year, or

more, in the branch offices of Metropolitan London, and in the offices

of the provincial towns. In 1895 the representatives of the men who had

not obtained the increase of annual leave until 1893, appeared before

the Tweedmouth Committee with the demand for ten days' pay by way of

compensation for the fact that, in 1892, they had "lost ten days."[406]

The tenacity with which the civil servants resist any change in

the conditions of service that is to their advantage, is further

illustrated by the following incidents.

Down to 1880, the overseers in the postal service, who are on their

feet all day, had one day a week of relief from duty. In 1880 that

allowance was reduced to half a day; and in 1893 it was discontinued

altogether. In each case the change was made to apply only to the

future entrants upon the office of overseer. In 1896 the new entrants

upon the office still were complying under protest only with the

requirement of the Department that they sign a paper stating that they

were not entitled to any weekly "relief leave of absence."[407]

There are four Monday Bank Holidays in the year; and for several

years prior to 1892, the Telegraph Branch, as an act of grace, gave

a Saturday holiday to those "news distributors" whose services could

be spared on the Saturdays preceding Monday Bank Holidays. In 1892 it

ceased to be possible to continue this act of grace without employing

men on over-time, and therefore the practice was discontinued. In

1896 the news distributors complained before the Tweedmouth Committee

that the withdrawal of "the days of grace was a grievance with which

they would like the Committee to grapple." The spokesman of the news

distributors said: "After having enjoyed the privilege for [several]

years it was withdrawn, an arbitrary course, almost, it is thought,

without precedent. To grant a privilege, and then take it away,

displayed a lamentable want of that courtesy that we think should be

inseparable qualities of power and position."[408]

[Sidenote: _Intervention by Members of Parliament_]

In June, 1904, Mr. Shackleton[409] intervened in the House of Commons

on behalf of some men in the Liverpool Post Office, whose grievance was

that an interval of 15 minutes, given as "an act of grace," had been

reduced to 10 minutes.[410]

In July, 1905, Mr. James O'Connor, M. P. for Wicklow, intervened in a

similar matter on behalf of the men at the London West Central District

Office.[411]

* * * * *

Before the Royal Commission on Civil Establishments, 1888, Sir Lyon

Playfair was asked whether it would not be better to replace by boy

clerks the "writers" employed in the past. Sir Lyon replied: "I think

that would be better for the civil service and better for the boy

clerks themselves. Of course, regard should be had to the writers

who are employed now, and the change should be made by not taking

on more, and not by dispensing with those that are now employed." A

moment before, Sir Lyon Playfair had been asked: "The writers are now

a very large and very important body in the public service, are they

not?" He had replied: "Yes, and they make you feel their largeness

and importance by Parliamentary pressure."[412] Sir Lyon Playfair had

been Chairman of the Royal Commission on the Civil Service which had

sat from 1875 to 1876; and he had been the author of the Playfair

Reorganization of the civil service in 1876.

Before the Committee on Civil Services Expenditure, 1873, Mr. W. E.

Baxter, Financial Secretary to the Treasury, said: ... "but I may say

at once in regard to the matter of the travelling expenses of county

court judges, that I think the whole thing has hitherto been in such

an unsatisfactory state that it would be very difficult to defend the

action of the Treasury in various matters connected with it." Thereupon

Mr. West, a Member of the Committee, queried: "Acting in accordance

with that view last year, the Chancellor of the Exchequer endeavored

to reform the system as to existing judges and as to future judges,

did he not?... Is that reform being now pursued with regard to the

existing judges?" The Financial Secretary to the Treasury replied:

"Not in regard to existing judges. I have always been of opinion that

it is very difficult to go back upon arrangements which have been made

in the past, however injurious to the public service and uneconomical

they may have been, and that it would be better for economists [persons

desiring to effect economy] to direct their attention to preventing

new arrangements of a similar character."[413]

* * * * *

[Sidenote: _Unbusinesslike Spirit Further Illustrated_]

The thoroughly unbusinesslike spirit of the postal employees is

illustrated still further in the following "grievance" laid before the

Tweedmouth Committee by the official representatives of the postal

employees, who spoke, not as individuals, but as the instructed

representatives of their respective classes of public servants.

Mr. G. McDonald presented the grievance of the "news distributors,"

who "are the picked men of the Telegraph Service, chosen on the ground

of exceptional merit." He complained that there was not sufficient

opportunity for promotion, since [the automatic] promotion was limited

to postmasterships worth from $1,000 to $1,250 a year, and there were

not enough postmasterships of that kind. Mr. McDonald admitted that

men under 35 years "by competitive examination," could rise out of the

class of News Distributors to surveyors' clerkships; but he argued that

since such promotion was attained by competitive examination, "it must

be credited to the man himself who wins his position, and I therefore

beg to suggest that it cannot count as promotion in the ordinary

sense."[414]

Another grievance of the News Distributors was that they were not

"treated and classed" as Major Division Clerks, though they were paid

on the scale of such clerks. They were compelled to work 48 hours a

week, whereas Major Division Clerks worked only 39 hours a week.[415]

Mr. Alfred Boulden presented the telegraphists' grievances as to

pensions. He demanded that retirement on pension should be optional at

the age of fifty; and that if a man died in harness, such deduction

as had been made from his salary toward the pension fund, should be

paid to his heir-at-law. Mr. H. C. Fischer, Controller London Central

Telegraph Office, replied that "optional retirement at 50 years of age

would result in the more healthy members of the staff retiring at that

age, and seeking other employment to add to their income, leaving the

less healthy and less useful persons to hang on in the service as long

as they could."[416]

Mr. A. W. North presented another grievance, namely, that a female

telegraph clerk can become a female superintendent in 21 years, whereas

a male telegraph clerk can reach the corresponding position only after

27 years of service.[417]

[Sidenote: _The Malingerers' Grievance_]

Mr. J R. Lickfold appeared as the representative of the postal

employees to demand that in the case of an employee having failed to

appear for duty, the Department should accept without any inquiry

whatever the medical certificate of any physician. At this time it was

the practice of the Department to doubt the genuineness of the illness

and the _bona fides_ of a medical certificate only in case "the man had

a bad record for frequent short sick absences," "though it was a well

known fact that private [physicians' as distinguished from departmental

physicians'] certificates could be obtained for 12 cents without even

the doctor seeing the patient, but on a mere statement of his symptoms

from somebody else." In support of this request, Mr. Lickfold, as the

instructed representative of the postal employees, could make no better

argument than to cite the dismissal, early in 1894, of two railway

Post Office sorters, W---- and J----. In the evidence in rebuttal, Mr.

J. C. Badcock, Controller London Postal Service, gave the following

account of the episode in question. W---- and J---- were absent from

duty from January 8 to 11 inclusive. On January 10 they sent in medical

certificates dated the 8th, but the date of one of the certificates had

apparently been changed from the 9th. W----'s landlady testified that

W---- and J---- had returned to W----'s lodgings on the 8th, shortly

after the departure of the mail train, saying that they had missed

the mail, but saying nothing of illness. She added that both men had

been repeatedly at W----'s lodgings on the 8th and 9th. Both W----

and J---- were absent from their lodgings during the greater part of

the three days from the 8th to the 10th. The Post Office inspector

found J---- in bed on the night of the 10th. J---- told him he had

not seen W---- since the 6th, gave evasive answers, and contradicted

himself. The inspector also found W---- on the night of the 10th, and

gave an equally unfavorable report upon W----'s answers. On the 11th,

the Departmental Medical Officer found both men in W----'s room, and

reported there was no reason why both men should not have been on duty

from the 8th to the 10th.

Mr. Spencer Walpole, Permanent Secretary of the Post Office and a

Member of the Committee, said to the witness: "Have you any doubt that

the Department would not have taken the extreme course of dismissing

any of its servants on the divided opinion of two medical men, if there

had been no previous cases against them?... These men are described as

deliberate malingerers?" The Chairman of the Committee added: "Do you

not think it would be wise that before bringing forward a particular

case of this sort, you should inform yourself thoroughly as to the

nature of the case, and as to the character of the men to whom you

refer?"[418]

* * * * *

Avery large portion of the evidence presented before the Tweedmouth

Committee, which evidence covered upward of a thousand closely printed

folio pages, affords a melancholy comment upon the theory which is

rapidly spreading from the German Universities over the English

speaking countries, to wit, that the extension of the functions of the

State to the inclusion of business enterprises automatically creates

a public spirit which strengthens the hands of the political leaders

in charge of the State, even to the point of enabling those leaders

to reject the improper demands made upon them by organized bodies of

voters, and to administer the State's business ventures with an eye

single to the welfare of the community as a whole, particularly the

long-run interest of the taxpayers. The so-called Norfolk-Hanbury

compromise, the appointment and Report of the Bradford Committee,

and the appointment, in 1906, of the Select Committee on Post Office

Servants--the last act not having the support, by speech or by vote,

of a single man of first rate importance in the House of Commons--are

melancholy instances of what that most discerning of statesmen, the

late Marquis of Salisbury, used to call "the visible helplessness of

Governments."

FOOTNOTES:

[363] _Third Report from the Select Committee on Civil Services

Expenditure_, 1873; q. 4,641 and 4,418.

[364] That is, the claim to additional pay for seven hours' work.

[365] That is, the Civil Service Inquiry Commission, 1875-76, of which

Sir T. H. Farrer was a member.

[366] _Second Report of the Royal Commission appointed to inquire into

the Civil Establishments_, 1888; q. 10,545 and following, and 20,043

and following.

[367] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 13,279, 13,301 and following.

[368] _Hansard's Parliamentary Debates_, November 21, 1902, p. 147.

[369] _Hansard's Parliamentary Debates_, July 16, 1897, p. 352. Mr. R.

W. Hanbury, Financial Secretary to the Treasury and representing the

Postmaster General: "But there were in the senior class certain men

who, owing to the fact that they had been promoted by seniority without

passing any examination, were not quite up to the normal average of the

senior class."

The reader will note that in 1890 no effort was made to remove the men

not up to the standard of the senior class. The Government had to await

the retirement or the death of the incompetent men.

[370] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; Mr. H. C. Fischer, Controller London Central

Telegraph Office; q. 2,305.

The examination covers: (1) "Crossing and looping wires with facility

and certainty. (2) Tracing and localizing faults in instruments.

(3) Tracing and localizing permanent and intermittent earth contact

and disconnection faults on wires. (4) Methods of testing the

electro-motive force and resistance of batteries, and a general

knowledge of the essential features of the various descriptions of

batteries. (5) System of morning testing, both as regards sending and

receiving currents, with the necessary calculations in connection

with the same. (6) Making up special circuits in cases of emergency.

(7) Joining up and adjusting single-needle, single-current, and

double-current Morse, both simplex and duplex, and Wheatstone

apparatus. (8) Fitting a Wheatstone transmitter to an ordinary

key-worked circuit. (9) A general knowledge of the principles of

quadruplex and multiplex working. (10) Measuring resistance by

Wheatstone bridge."

These subjects are the same as those prescribed for superintendents and

assistant superintendents, but the examination is less severe.

[371] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; Appendix, p. 1,083.

[372] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; Appendix, p. 1,078; and q. 2,320, Mr. Nicholson,

Chairman London Branch, Postal Telegraph Clerks Association. See also:

q. 3,919, 4,135, 13,333, 13,344, 13,415, 15,142, and Appendix, p. 1,083.

[373] The wages of the sorters of inland letters at the time were: $10

to $14 for the first class, and $4.50 to $10 for the second class.

[374] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; Mr. J. C. Badcock, Controller London Postal

Service; q. 2,190 _et passim_, and Appendix, pp. 1,063 and 1,074.

[375] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 719 and following.

[376] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 2,292 to 2,366, and 3,945 and following.

[377] _Second Report of the Royal Commission on Civil Establishments_,

1888; q. 20,291 to 20,346.

[378] _Who's Who_, 1905, Lawson, Hon. H. L. W.; Lieutenant-Colonel and

Honorable-Colonel commanding Royal Bucks Hussars; e. s. of 1st Baron

Burnham. Education: Eton; Balliol College, Oxford. M. P. (L.) West St.

Pancras, 1885-92; East Gloucestershire, 1883-95; L. C. C. West St.

Pancras, 1889-92, and Whitechapel, 1897-1904.

[379] _Hansard's Parliamentary Debates_, March 28, 1889, p. 1,022.

[380] _Who's Who_, 1905, Hay, Honorable C. G. D., M. P. (C.) since

1900; partner in Ramsford & Co., Stock-brokers; founder, manager, and

director of the Fine Art and General Insurance Co., Ltd.

[381] _Hansard's Parliamentary Debates_, June 2, 1902, p. 1,096.

[382] _Hansard's Parliamentary Debates_, April 15, 1902, p. 283; and

August 1, 1902, p. 396.

[383] _Who's Who_, 1905, Plummer, Sir W. R., Kt. cr. 1904; M. P.

(C.) Newcastle-on-Tyne since 1900; merchant; member of City Council;

Director of Newcastle and Gateshead Gas Co.

[384] _Hansard's Parliamentary Debates_, March 25, 1903; Mr. Austen

Chamberlain, Postmaster General: "The regulation is that all

pensionable officers of whatever grade whose conduct, capacity, and

efficiency fall below a fair standard shall be called upon to retire at

sixty; but retirement at sixty is not enforced in the case of officers

whose conduct is good, and who are certified by their superior officers

to be thoroughly efficient."

[385] _Hansard's Parliamentary Debates_, February 4, 1902, and August

1, 1902, p. 396.

[386] _Hansard's Parliamentary Debates_, November 24, 1902, p. 231.

[387] _Hansard's Parliamentary Debates_, June 19, 1902, p. 1,101; and

July 28, 1902, p. 1,346.

[388] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 12,537 to 12,551; and Appendix, p. 1,108. See

also: _Second Report of the Royal Commission on Civil Establishments_,

1888, p. xxiii; and _Third Report from the Select Committee on Civil

Services Expenditure_, 1873; Mr. R. E. Welby, Principal Clerk for

Financial Business in the Treasury; q. 507 to 515.

[389] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; Mr. E. B. L. Hill, Assistant Secretary General

Post Office, London; q. 15,134.

[390] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; Mr. H. Symes, representative of the London

Postmen; q. 10,115 to 10,197; and Mr. J. C. Badcock, Controller London

Postal Service; q. 11,492.

[391] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 15,134 _et passim_.

[392] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; Mr. Lewin Hill, Assistant Secretary General

Post Office, London; q. 15,135 to 15,142; Mr. T. D. Venables, General

Secretary Postal Telegraph Clerks' Association; q. 4,620 _et passim_;

and Mr. Jno. Christie, first class telegraphist at Edinburgh; q. 5,117

_et passim_.

[393] _Who's Who_, 1904, Samuel, Herbert, (L.) M. P., Cleveland

Division of N. Riding, Yorkshire, since 1902. Contested unsuccessfully,

South Oxfordshire, 1895 and 1900. Education: University College School;

Balliol College, Oxford. First Class Honors, Oxford, 1893.

[394] _Hansard's Parliamentary Debates_, December 10, 1902, p. 658.

[395] _Hansard's Parliamentary Debates_, June 6, 1904, p. 780.

[396] _Who's Who_, 1905.

[397] At the by-election of January 29, 1904, Mr. Dobbie was elected

by a majority of 44; at the General Election of January, 1906, he was

defeated by 261 votes. The number of electors in the Ayr District is

8,031.

[398] _Hansard's Parliamentary Debates_, June 14, 1904.

[399] _Hansard's Parliamentary Debates_, June 13, 1904.

[400] _Hansard's Parliamentary Debates_, October 29, 1906, p. 669.

[401] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; Mr. E. B. L. Hill, Assistant Secretary General

Post Office, London; q. 15,180; and Mr. S. Walpole, Secretary to the

Post Office; q. 15,274.

[402] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897, p. 11.

[403] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897, p. 18.

[404] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897, p. 8.

[405] _Second Report of the Royal Commission on Civil Establishments_;

q. 10,590 to 10,595.

[406] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 4,215 and following, and 3,198.

[407] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 3,631 to 3,636, 3,583, and 4,397 and

following.

[408] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 3,037 to 3,060.

[409] _Who's Who_, 1905, Shackleton, D. J., M. P. (Lab.), since 1902.

Secretary of Darwen Weavers' Association; Vice-President of the

Northern Counties Weavers' Amalgamation; Member of Blackburn Chamber of

Commerce.

[410] _Hansard's Parliamentary Debates_, June 6, 1904, p. 779.

[411] _Hansard's Parliamentary Debates_, July 24, 1905, p. 34.

[412] _Second Report of the Royal Commission on Civil Establishments_,

1888; q. 20,114 and 20,115.

[413] _Third Report from the Committee on Civil Services Expenditure_,

1873; q. 4,729 to 4,731.

[414] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 3,035 and 3,065.

[415] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 2,985 and following, and 3,035 to 3,036.

[416] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 2,777 and following, and Appendix, pp. 1,079

and 1,084.

[417] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 2,576.

[418] _Report of the Inter-Departmental Committee on Post Office

Establishments_, 1897; q. 671, 660 to 663, and 1897 to 1914.

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