CHAPTER V.

THE GERMAN LABOUR HOUSES.

The early legislation of Germany relative to begging and vagrancy was

not greatly dissimilar in spirit from our own. Down to the sixteenth

century Germany was satisfied with the mere prohibition of these

practices. A Resolution of the Diet at Lindau in 1497 simply forbade

vagabondage, and ordered the authorities to exercise supervision over

beggars of all kinds. In 1532 Emperor Charles V., in Article 30 of his

Penal Court Ordinance, similarly enjoined the authorities to "exercise

vigilant oversight over beggars and vagrants," and in 1557 the Imperial

Police Ordinance sanctioned the issue of begging letters to poor people

for whose support local funds did not exist.

During the eighteenth century a series of decrees and regulations

were issued against begging in various German States, but without

suppressing it, and towards the end of the century the evil in many

parts of the country had reached proportions which threatened public

security.

"As late as the third quarter of the eighteenth century, and in

some parts of the country until its close, the most shameless

and wide-spread mendicity defied at once the severest official

prohibitions and the best meant endeavour of the communes and private

individuals."[59]

[Footnote 59: Biedermann, "Deutschland im 18 ten Jahrhundert," Vol. I.,

p. 401.]

Then it was that the idea of the disciplinary treatment of vagrants and

loafers in general took root, leading in time to the institution all

over the country of special houses of detention, not inaptly called

Labour Houses, for the reception of these offenders, of the work-shy of

every description, and of certain other classes of people who followed

a disorderly mode of life. When the Empire was established, the

practice of the various States was embodied in the Imperial Penal Code,

and Labour House treatment is now the recognised mode of correcting

sloth, loafing, and habitual intemperance and immorality throughout

Germany.

Sections 361 and 362 of the Penal Code define as follows the offences

which may entail detention in a Labour House:--

"(1) Whoever wanders about as a vagabond.

"(2) Whoever begs or causes children to beg or neglects to restrain

from begging such persons as are under his control and oversight and

belong to his household.

"(3) Whoever is so addicted to gambling, drunkenness, or idleness that

he falls into such a condition as to be compelled to seek public help

himself, or for those for whose maintenance he is responsible.

"(4) Any female who is placed under police control owing to

professional immorality when she acts contrary to the police

regulations issued in the interest of health, public order, and public

decency, or who, without being under such control, is guilty of

professional immorality.

"(5) Any person who, while in receipt of public relief, refuses out of

sloth to do such work suited to his strength as the authorities may

offer him.

"(6) Any person who, after losing his past lodging, fails to procure

another within the time allotted to him by the competent authority

and who cannot prove that in spite of his best endeavours he has been

unable to do so."

An Amendment of the Penal Code dated June 25, 1900, added to this list

of offenders procurers and _souteneurs_. The law enjoins that persons

convicted of misdemeanours as above may be handed over to the State

police authorities after undergoing the allotted imprisonment, with a

view to their further detention in Labour Houses, there to be usefully

employed under strict control. Some of the Prussian Labour Houses are

used, to a small extent, for the reception of youths who are taken from

parental control owing to bad behaviour.

The mode of procedure under this law is very summary, but very

effectual. A vagrant, a loafer, or a work-shirker falls into the hands

of the policeman, who in Germany is taught to protect both the highway

and the street against uses for which they were never intended. By this

official he is haled before the _Amtsgericht_, which is a local Court

of First Instance for the adjudication of petty cases. As a rule, he

is sentenced to a few weeks' imprisonment, and to be afterwards handed

over to the _Landespolizei_ or State Police Authority. In effect, he is

despatched to the district in which the original offence was committed.

The whole of the documents in the case are passed on to the President

or Prefect of this district, and it is this official who fixes the term

of detention in the provincial Labour House. The maximum period is two

years, but whether the man obtains discharge at the end of a shorter

sentence depends entirely upon himself. If he shows distinct signs of

improvement as the result of his discipline, he may be released. If not

the sentence is probably prolonged for six months, or in bad cases to

the maximum term, at the end of which the prisoner must unconditionally

be discharged, whether reformed or not. In practice it rests entirely

with the Director of the Labour House to determine whether a sentence

should be prolonged or not, for though the District President nominally

decides, it is on the direct representation of the Director, whose

recommendation is seldom or never ignored.

Thus, the Labour House is not punitive in the technical sense; it

exists for the one purpose of training the lazy and the vicious to a

life of labour and industry. Labour Houses of this kind are found in

almost all the States, in numbers proportionate to the population. Some

of them, however, serve for large towns, as in the case of Berlin,

Hamburg, and Dresden. Prussia has twenty-five Labour Houses, of which

seven are for men only, two for women only, and sixteen for both sexes.

The following is a list of these institutions, with the accommodation

they afforded in the year 1908:--

GERMAN LABOUR HOUSES.

----------------+--------------+-------------------------------+----------------------------------------------

| | Accommodation for | Number of

| +---------------+---------------+------------+-----------+-----------+---------

Labour House | Province. | Detainees. | Wards. | | | |

(Locality). | +---------------+---------------+Dormitories.|Workrooms. |Sickrooms. |Cells and

| |Males.|Females.|Males.|Females.| | | | Cabins.

----------------+--------------+------+--------+------+--------_------------+-----------+-----------+---------

Tapiau | East Prussia | 392 | 80 | -- | -- | 11 | 9 | 6 | 23

Konitz | West Prussia | 350 | 100 | 170 | 100 | 16 | 8 | 13 | 13

Rummelsburg | Brandenburg | 400 | 300 | 225 | 75 | 20 | 30 | 20 | --

Strausberg | " | 380 | -- | 90 | -- | 10 | 41 | 9 | --

Prenzlau | " | 400 | -- | 80 | 26 | 9 | 23 | 12 | 12

Landsberg a. W. | " | 190 | 40 | 50 | 30 | 7 | 37 | 15 | 3

Neustettin | Pomerania | 150 | 10 | 40 | 20 | 9 | 11 | 13 | --

Ückermünde | " | 340 | 14 | 7 | 7 | 2

Stralsund | " | 120 | 25 | -- | -- | 5 | 4 | 4 | --

Greifswald | " | 110 | -- | -- | -- | 3 | 4 | -- | --

Bojanowo | Posen | 450 | -- | -- | -- | 2 | 26 | 8 | --

Fraustadt | " | -- | 130 | -- | -- | 4 | 5 | 3 | --

Schweidnitz | Silesia |1,200 | 150 | 130 | 50 | 46 | 64 | 16 | 13

Breslau | " | 600 | 300 | -- | -- | 22 | 17 | 8 | 2

Gross Salze | Saxony | 358 | 57 | 90 | 30 | 18 | 39 | 16 | 21

Moritzburg | " | 585 | 55 | 8 | 2 | 14 | 35 | 10 | 19

Glückstadt | Schleswig | 700 | 50 | -- | -- | 15 | 27 | 5 | 19

Bockelholm | " | 300 | -- | -- | -- | 2 | 6 | 3 | --

Benninghausen | Westphalia | 350 | 60 | -- | -- | 21 | 23 | 6 | 3

Breitenau | Hesse-Nassau | 300 | 35 | 30 | 5 | 5 | 14 | 4 | --

Hadamar | " | 236 | 80 | 10 | 6 | 9 | 12 | 5 | --

Brauweiler |Rhine Province|1,090 | 195 | 50 | 105 | 47 | 56 | 16 | 281

Moringen | Hanover | 800 | -- | -- | -- | 21 | 27 | 14 | 16

Wunstorf | " | 300 | -- | 550 | -- | 22 | 26 | 37 | 103

Himmelsthür | " | -- | 125 | -- | 190 | 10 | 7 | 11 | 29

----------------+--------------+------+--------+------+--------+------------+-----------+-----------+---------

The numbers of persons, detained for correction, dealt with by the

whole of the Prussian Labour Houses in the course of the administrative

year 1907-8 were as follows:--

------------------------+--------+----------+--------

| Males. | Females. | Total.

------------------------+--------+----------+--------

Number at the beginning | | |

of the year | 7,200 | 848 | 8,048

Admitted during the | | |

year | 6,716 | 731 | 7,447

Discharged during the | | |

year | 6,839 | 892 | 7,731

Number at the end of | | |

the year | 7,077 | 687 | 7,764

Total number detained | 13,916 | 1,579 | 15,495

Average number detained | | |

daily | 6,779 | 749 | 7,528

------------------------+--------+----------+--------

The persons detained were classified in the following groups of

occupations:--

------------------------+--------+----------+--------

| Males. | Females. | Total.

------------------------+--------+----------+--------

Agriculture, forestry, | | |

gardening, fishing, | | |

etc. | 923 | 30 | 953

Industry, mining, and | | |

building trades | 3,057 | 42 | 3,099

Trade and commerce | 717 | 17 | 734

Domestic service and | | |

casual labour | 1,488 | 296 | 1,784

Public service and | | |

professions | 114 | 5 | 119

No occupation, or none | | |

declared | 8 | 302 | 310

+--------+----------+--------

Totals | 6,307 | 692 | 6,999

------------------------+--------+----------+--------

Of 6,990 persons classified by age, 174 were under twenty-one years of

age, 262 were from twenty-one to twenty-five years of age, 529 from

twenty-five to thirty, 1,664 from thirty to forty, 2,231 from forty to

fifty, 1,532 from fifty to sixty, 548 from sixty to seventy, and 50

were seventy years of age and upwards.

The offences for which 6,299 male and 692 female inmates were committed

to the Labour Houses in that year were as follows:--

------------------------+--------+----------+--------

| Males. | Females. | Total.

------------------------+--------+----------+--------

Vagabondage | 328 | 47 | 375

Begging | 4,166 | 69 | 4,235

Begging and vagrancy | | |

together | 702 | 31 | 733

Laziness | 97 | 6 | 103

Professional immorality | 188 | 481 | 669

Work-shyness | 8 | 3 | 11

Homelessness | 810 | 55 | 865

+--------+----------+--------

Totals | 5,299 | 692 | 6,991

------------------------+--------+----------+--------

The periods of commitment by the judicial authorities were as under:--

------------------------+--------+----------+--------

| Males. | Females. | Total.

------------------------+--------+----------+--------

Three months or less | 20 | 5 | 25

From three to six | | |

months | 1,443 | 242 | 1,685

Over six months and | | |

under two years | 3,535 | 359 | 3,594

Two years | 1,599 | 85 | 1,684

+--------+----------+--------

Total | 6,297 | 691 | 6,988

------------------------+--------+----------+--------

Of the offenders enumerated above, 4,445 or 64 per cent. had been

detained in a Labour House before, and 2,293 or 33 per cent. had been

so detained more than three times, while 5,865 or 84 per cent. had been

in prison. Further, 1,253 or 18 per cent. had been recommitted to a

Labour House within twelve months of their last discharge from the same.

Most of these Labour Houses are situated in the open country, and

follow a mixed economy of agriculture and industry, though the number

of men who can be employed usefully in farm work would appear to be

small. The following statement of the different modes of employment

in force in 1908 comprises young people detained for reformation, in

addition to the adults committed by judicial process for disciplinary

reasons:--

EMPLOYMENT OF DETAINEES.

------------------------+--------+----------+--------

| Males. | Females. | Total.

------------------------+--------+----------+--------

Average daily number | | |

of detainees | 8,775 | 1,275 | 10,050

Average daily number | | |

employed | 7,290 | 904 | 8,194

Character of | | |

employment-- | | |

1. For the Labour | | |

Houses-- | | |

(_a_) Domestic work | 1,524 | 372 | 1,896

(_b_) Agriculture | 551 | 32 | 583

(_c_) Other work | 642 | 85 | 727

+--------+----------+--------

Total (_a_), (_b_),| | |

(_c_) | 2,717 | 489 | 3,206

------------------------+--------+----------+--------

------------------------+--------+----------+--------

2. For the Provincial | | |

Authorities | 1,903 | 88 | 1,991

3. For the Public | | |

Authorities | 105 | -- | 105

4. For officers of the | | |

establishments | 124 | 23 | 147

5. For outside persons--| | |

(_a_) Agricultural | | |

work | 704 | 21 | 725

(_b_) Industrial work | 1,737 | 283 | 2,020

+--------+---------+---------

Total (_a_) and | | |

(_b_) | 2,441 | 304 | 2,745

------------------------+--------+----------+--------

In considering the industrial methods on which the Labour Houses are

administered, it may be well to bear in mind the principles which are

applied to Prussian penal establishments in general, for they apply to

these institutions. A recent official statement upon the subject runs

as follows[60]:--

[Footnote 60: "Statistik der zum Ressort des Königlich Preussischen

Ministeriums des Innern gehörenden Strafanstalten und Gefängnisse und

der Korrigenden für das Rechnungsjahr 1903," pp. xx-xxii.]

"(1) The requirements of the individual establishments, and of the

prison administration in general, are as far as possible to be

supplied by the prisoners. All domestic work is to be done by the

prisoners; clothing and articles needed for bedding, etc., are also to

be done by them, and to this end weaving shops are provided in some

prisons. Repairs to buildings, works of rebuilding, extensions, and

new buildings are to be carried out by prisoners, who are specially to

be used in the construction of dwelling-houses for the officers.

"(2) The production of useful articles needed by the Imperial and

State authorities is to be encouraged as far as possible, and this

branch of work increases every year. Tailoring and other equipment

work for barracks and hospitals are largely done to the order of the

War Office, also furniture for official rooms for the State Railway

Administrations.

"(3) Criminal prisoners may be used for agricultural improvement works

on behalf of State and communal authorities, and also of private

persons, provided at least a year of their sentence has expired, their

conduct has been good, and the remainder of their sentence does not

exceed a year, or in exceptional cases two years. With their consent

correctional prisoners who have served six months (and in exceptional

cases three months), have been of good behaviour, and have not longer

than two years to serve, may be similarly employed. Criminal and

correctional prisoners may not be employed together; and they must

be kept apart from free workmen. In order to prevent injury to free

labour prisoners may only be employed in the manner stated if the

works in question would not otherwise be executed for lack of free

labourers, or because the high wages of the latter would make the

works unprofitable. Under the same conditions, prisoners may be put to

agricultural work. These works are done in all the provinces of the

Kingdom, and the following works are executed in particular:--

"(_a_) Moor land is cultivated in order to the settlement of farmers.

Thus the reclamation of the Augstumal Moor, in East Prussia, 3,000

hectares (7,410 acres) in extent, is in an advanced state, and

seventeen settlers have already been established there and provided

with houses. The Kehding Moor, in the Stade district, has now been

prepared for settlement, and five colonists are established. The

Bargstedt Moor is so far reclaimed that settlers may now be taken;

fifteen holdings of 12 hectares (30 acres) each are contemplated. In

the Eifel district 75 hectares (185 acres) of the High Venn plateau,

over 2,200 feet high, have been cultivated, and the first settlers

established.

"(_b_) Shifting sand dunes are made permanent.

"(_c_) Marshy ground is drained, damage done by inundations is made

good, water courses are diverted, and channels dug.

"(_d_) Fiscal domains are put into an efficient condition.

"(_e_) Vineyards are planted for the State on the Moselle.

"Experience has proved that prisoners can best be employed on such

works in gangs of from forty to sixty, under a chief overseer, assisted

by a sufficient number of warders." "The prisoners," says the official

document, show themselves to be willing, diligent, and apt in their

work; their productivity is inferior to that of free labourers only

at the beginning of their employment, and later it is equal. There is

no difficulty in maintaining discipline, and attempts at escape occur

very seldom. On the other hand the employment of small bodies of men

under the superintendence of one or two petty officers, especially

if it be in agricultural work, in which it is almost impossible to

prevent contact with free labourers, leads to serious abuses:--bribery,

insubordination, rebellion against the officers and even gross acts

of violence have occurred. Such small bodies of men, therefore, can

only be employed in exceptional cases where the conditions for the

maintenance of discipline are specially favourable.

"(4) The other prisoners are to be farmed to _entrepreneurs_ by

public contract for the carrying on of industrial work. Care must

be taken, however, that too many prisoners are not allotted to a

single employer, and that the number employed in a single industry

is not disproportionate to the number of free labourers engaged in

the same industry. Since 1869, the number of prisoners employed by

industrial _entrepreneurs_ fell from 73 to 27·2 per cent. in 1903,[61]

and a further decrease is probable owing to the extension of the

work done for the State authorities. Several establishments have

entirely discontinued the employment of prisoners in that way. By

the restriction of factory work, the individuality of the prisoner

can be better studied in the choice of employment for them, and the

justification is taken away from the complaints made by free workpeople

about the illegitimate competition of cheap prison labour, used by

capitalist employers. At the same time, the prison budgets are less

satisfactory than formerly as a consequence."

[Footnote 61: The proportion in 1869 was 73 per cent.; in 1895, 52 per

cent.; in 1896, 52·6 per cent.; in 1897, 49·1 per cent.; in 1898, 45·7

per cent.; in 1900, 40·4 per cent.; in 1901, 37 per cent.; in 1902,

32·8 per cent.; and in 1903, 27·2 per cent.]

In the prison accounts no allowance is made for the domestic and farm

work done by the prisoners. In calculating the value of all work done

for the Imperial and State authorities and for the general Prison

Administration wages are reckoned at 40 pfennige (5d.) per head per day.

"This rate of wages, which is far less than that paid by employers,

is taken arbitrarily, but in order to simplify the trade accounts and

particularly accounts with the various State authorities, a uniform

rate was necessary. If the rate is low, the Prison Administration must

console itself with the reflection that its losses imply saving to

other branches of the State service; the State, as a whole, does not

suffer injury. Moreover, the full value of the prisoners' work now

goes to the State, and not as formerly to private employers, and free

labour no longer suffers from the competition of prison work."[62]

[Footnote 62: _Ibid._]

Wages ranging, according to capacity and diligence, from 1 to 20

pfennige (100 pfennige =1s.) per day in the case of criminal prisoners,

and from 1 to 30 pfennige per day in the case of correctional

prisoners, are credited to the men, with the object of giving them

a favourable restart in life on their discharge. No part of the

accumulated bonuses is paid over during imprisonment until 30s. has

been earned by criminal prisoners, and 20s. by others, except that

payments may be made to a man's family out of his account; but one half

of all earnings beyond the minimum stated may be used in the purchase

of extra food, books, clothing, etc., though not of tobacco, the

smoking of which is not allowed.

The following statement gives the yearly cost per head in the financial

year April 1, 1907, to March 31, 1908, of the whole of the inmates of

the Prussian Labour Houses, with the value per head of the produce and

work done and the amount per head which fell upon the public funds:--

----------------+-----------------+------------------+-----------------

| Yearly Cost per | How the Cost was Covered.

Labour House. | Head of Average +------------------+-----------------

| Number of | (_a_) By Produce | (_b_) Public

| Detainees. | of the | Contributions.

| | Labour House. |

----------------+-----------------+------------------+-----------------

| Mark. Pfennige. | Mark. Pfennige. | Mark. Pfennige.

Tapiau | 642 51 | 302 64 | 339 87

Konitz | 383 27 | 204 46 | 178 81

Rummelsburg | 507 21 | 124 21 | 383 0

Strausberg | 434 0 | 215 0 | 219 0

Prenzlau | 547 15 | 280 46 | 266 69

Landsberg a. W. | 401 41 | 234 83 | 166 58

Neustettin | 442 68 | 268 24 | 174 44

Uckermüode | 406 31 | 221 54 | 184 77

Stralsund | 480 77 | 361 05 | 119 72

Greifswald | 340 0 | 220 29 | 119 71

Bojanowo | 355 45 | 172 14 | 183 31

Fraustadt | 694 49 | 145 23 | 549 26

Schweidnitz | 313 40 | 255 17 | 58 23

Breslau | 674 32 | 625 17 | 49 15

Gross Salze | 339 29 | 271 54 | 67 75

Moritzburg | 344 76 | 271 01 | 73 75

Glückstadt | 425 26 | 410 42 | 14 84

Bockelholm | 355 30 | 222 02 | 133 28

Benninghausen | 498 76 | 153 85 | 344 91

Breitenau | 453 84 | 397 70 | 56 14

Hadamar | 278 80 | 140 99 | 137 81

Brauweiler | 396 68 | 271 97 | 124 71

Moringen | 791 09 | 142 0 | 649 09

Wunstorf | 377 61 | 131 64 | 245 97

Himmelsthür | 363 42 | 159 13 | 204 29

----------------+-----------------+------------------+-----------------

It appears from this statement that the gross annual cost per head

ranged from £13 18s 10d. in the case of the Labour House at Hadamar (a

small institution) to £39 11s. at the Labour House at Moringen, and

that the net cost to the State ranged from 14s. 10d. per head in the

case of the Labour House at Glückstadt to £32 9s. at Moringen.

The Vagrancy Problem. The Case for Measures of Restraint for Tramps, Loafers, and Unemployables: With a Study of Continental Detention Colonies and Labour Houses · 第 5 / 12 章