LABOUR HOUSES UNDER THE POOR LAW.
The practice of confining in forced labour institutions persons who, in
various ways, have become defaulters under the Poor Law, particularly
by neglecting to maintain dependents for whose support they are
legally responsible, is no new one; both in Germany and Switzerland
Labour Houses of this kind have existed for many years. The German
Imperial Penal Code, as we have seen, provides for the commitment to
Labour Houses of those who "give way to gambling, intemperance, and
idleness" so that they are compelled to seek public relief, either
for themselves, or those dependent upon them. Prior to the passing
of this law Poor Law Authorities in some of the States were already
empowered to put such persons to forced labour. As a result of the
Imperial enactment, Prussia repealed its law on the subject (dated May
21, 1855), but Saxony, Wurtemberg, Oldenburg and Mecklenburg Schwerin
retained their legislation, and within the last six years Anhalt and
the Free City of Hamburg have adopted laws to the same effect.
Before speaking in detail of a typical Poor Law Labour House of this
kind, it may be well to summarise the provisions of the principal laws
on the subject.
The Poor-relief Ordinance of Saxony, dated October 22, 1840, states
that the power to compel persons who are "work-shy" to labour belongs
to the jurisdiction of the Police Authority, with which the Poor Law
Authority, when independent of the former Authority, has to agree
upon the necessary measures. As a result of this Ordinance the rural
Poor Law unions have established district Labour Houses under the
administration of the local governors, while some of the larger
towns have established institutions of their own, managed subject to
regulations approved by the Government.
Persons are committed to these Labour Houses both by the Poor Law and
Police Authorities, the term of detention being indefinite, but if a
man who has been committed on account of neglect of family is able to
show that he has provided a home for his dependents, he can require to
be discharged.
The existing law of Wurtemberg (July 2, 1889) empowers Poor Law
Authorities to put to forced labour any man whose wife or children
under fourteen years receive public relief; it is not necessary that he
should himself have applied for such relief to be granted. The laws of
Anhalt (April 27, 1904) and Mecklenburg Schwerin (1871 and 1890) are to
the same effect.
By the law of Oldenburg (March 14, 1870) the following persons may be
committed to the Forced Labour House of Vechta: Drunkards, persons
who abuse the poor relief granted to them, women who, having had two
or more illegitimate children for whom they have had to seek relief,
again become _enceinte_, and (by Ministerial Decree of April 25, 1888)
parents who neglect their children so that they fall upon the Poor
Law. For a first commitment the period of detention is two years, for
repetitions three years.
The latest provisions of the kind are those which were embodied in the
amended Poor Law of Hamburg in 1907. Section 21 of this law states:--
"Any person who receives public relief, either for himself or for
those dependent upon him, may be required by resolution of the Poor
Law Labour Committee, in so far as may be requisite in order to remove
or diminish existing destitution, to perform work suited to his
capacity. In the event of refusal to do the work assigned to him by
the Committee, the decision of that body may be put in operation by
direct force. In the end the person relieved may be placed in a Labour
House against his will. These provisions do not apply to cases of
destitution caused by transient circumstances."
This compulsion may be applied even when the defaulters dependents are
maintained without his consent or against his will.
The Committee which exercises these powers consists of five members--a
member (a Senator) of the Poor Law Board, as president, two members of
that Board elected by the House of Burgesses, and two chairmen of Poor
Law districts or almoners. A decision to commit a Poor Law defaulter
to the Labour House must be supported by a majority of four votes to
one, and appeal is allowed both to the Senate and the ordinary Courts
of Law, but a decision remains in operation unless and until quashed.
The alleged defaulter is entitled to appear, and to be represented,
at the proceedings of the Committee. A person against whom an order
of detention has been put in operation can at any time ask for its
repeal, but the Committee is only obliged to reconsider its decision
after three months have passed; when a year has elapsed, however, the
detainee must be released for a period of at least six months in order
to test his willingness to meet his obligations.
The reason advanced for the amendment of the law was that the number
of wife deserters had for a long time been on the increase, and that
existing measures had proved ineffectual.
There has been a good deal of controversy upon the question whether
the enactment of forced labour for Poor Law defaulters conflicts with
Section 361, paras. 5, 7, and 10, and Section 362 of the Imperial Penal
Code, but the judgment of the Imperial Department of Justice is in the
negative, provided that such labour be required by way of restitution
of relief afforded, and not as a punishment for misdemeanour, and that
no definite term of detention be imposed. Institutions established
for the reception of such persons, therefore, must be regarded as
reformative in character, and not in any formal sense as penal.
It is unlikely that a British Legislature would be willing to depute to
Poor Law Authorities, even of the reformed type proposed by the Poor
Law Commission, power to put to forced labour defaulters of the kind
referred to. Nor does it accord with our national ideas of justice that
the same authority--in this case a civil body--should be able to act
simultaneously as plaintiff and judge. The Legislature of the State
of Hamburg entertained scruples upon both these points, and for that
reason, besides allowing an offender to answer a proposal of committal,
both in person and by legal adviser, it devised a double form of
appeal. In this country the only practicable form of procedure would be
by magisterial order, as at present, except that defaulters would, on
conviction, be committed to a Labour House for disciplinary treatment,
instead of as now to prison.
Among the German towns in which Poor Law Authorities possess and
enforce the powers here referred to, are the four Saxon towns of
Dresden, Leipzig, Chemnitz, and Plauen, also Stuttgart, Hamburg,
Oldenburg, Ulm, Heilbronn, Ludwigsburg, Rostock, Schwerin, and Dessau.
I have described the Dresden Labour House in another place,[66] and
it will be sufficient for present purposes to summarise the principal
characteristics of the Leipzig institution.
[Footnote 66: "The German Workman: a Study in National Efficiency," pp,
293-301 (London: P. S. King & Son, 1906).]
MUNICIPAL LABOUR HOUSE AT LEIPZIG.
This municipal Labour House is one of the oldest institutions of the
town, for the building was anciently a monastic hospital; later it
served for the reception of orphans, deserted and neglected children,
imbeciles, etc., and it has been applied to its present purpose for
some seventeen years.
The Labour House is officially described as serving for "the detention,
suitable employment, and moral improvement" of the following classes of
people:--
(_a_) Work-shy, intemperate and dissolute persons who, owing to their
mode of life, become chargeable, or cause others for whose maintenance
they are responsible to become chargeable, to the Poor Law.
(_b_) Persons under eighteen years who become a public nuisance owing
to demoralisation, neglect, or idleness, and whose detention is
proposed by their parents or guardians.
(_c_) Children under fifteen years who are in danger of moral
contamination until they can be placed in reformatories, in so far as
it is inexpedient to admit them into the Municipal Orphanage.
(_d_) Homeless persons whom it is inexpedient to place elsewhere (in
this case only temporary detention is contemplated).
(_e_) Persons sentenced by the police to simple detention with hard
labour.
(_f_) Persons sentenced by the Police to simple detention who wish to
be employed during their term of confinement and who voluntarily enter
the House.
It may be observed in passing that the regulations of the Dresden
Labour House provide for the commitment thereto of fathers who neglect
to provide for their illegitimate children, and that though the
regulations of the Leipzig Labour House are silent upon the point, the
Poor Law Board there likewise commits such defaulters.
Persons belonging to the first four classes enumerated above are
committed by decision of the Poor Law Board, those belonging to the
fourth class by the Police Authority as well, and those belonging
to the fifth and sixth classes by the latter authority exclusively.
Loafers and disorderly persons (_a_) and (_b_) are committed in
the first instance for an indefinite period; "their detention in
the institution (runs the regulation), shall, as a rule, last
until the principal purpose of their committal, which is their
improvement--_i.e._, to accustom them to work, to keep them to an
orderly and regulated mode of life, and to train them or make them
willing to observe the duty of maintaining the members of their
families--appears to have been achieved." Whether this object has been
attained or not is judged by the life and habits of the detainee on
discharge. Contrary to the principle acted upon at Merxplas, "the mere
proof that the detainee is able to find work outside the Labour House
does not justify a claim to release." Before any person is discharged
the Poor Law Board considers a report made by the Director of the
Labour House, and this body previously determines the period during
which the conduct of an inmate is to be specially watched with a view
to weighing his fitness for release. As a rule a report is required as
to the conduct of every detainee a month after committal and it must be
made at the latest a year after. The Board may decide to give a person
liberty for any period up to six months on trial, reserving the right
to require him to report himself in the interval and to detain him
again should his record be unsatisfactory.
The Labour House has departments for males and for females, in every
respect entirely dissociated, and in each department persons under
eighteen years are forbidden contact with adults.
All persons detained whose physical condition allows of it, are put
to work within the institution suited in kind and degree to their
capacity, but subject to conditions work outside may also be allotted
to them. The general rule is eleven and a half hours of work daily
(Sundays and festivals excluded) in summer, and ten and a half hours
in winter, but the Director fixes the actual task to be done in every
individual case according to his discretion. The regulations state:--
"It is the object of the labour tasks to accustom those detained to
regular work, so that on their discharge they may be in a position to
earn their livelihood independently in an honest way, and again to
live a regular life; at the same time, an endeavour shall be made to
use their labour in such a way as shall be most advantageous for the
institution."
The occupations followed by men include, in addition to work in the
establishment, gardening, building, joinery, shoemaking, tailoring,
book-binding, lock-smithery, painting and varnishing, wood cutting,
coffee sorting, horsehair pulling, and the making of mats, besoms,
paper bags, cigar holders, umbrella sticks, boxes, etc. The women are
principally employed in domestic and laundry work, sewing and knitting,
tobacco packing, and coffee sorting.
The hours of work are as follows: Summer, 6.0 a.m. to 12.0 noon and
1.0 to 7.0 p.m.; winter, 7.0 a.m. to 12.0 noon and 1.0 to 7.0 p.m.;
with intervals of a quarter of an hour at 9.45 a.m. and 4.0 p.m.; but
those who work within closed rooms are allowed, in addition, half an
hour's exercise in the open air daily. The utmost diligence is required
during work; no talking is allowed; and smoking and tobacco chewing are
resolutely forbidden at all times, though snuff-taking is allowed "by
special favour." As a reward for "specially good behaviour" certain
privileges are granted in the matter of food.
While the proceeds of the inmates' labour are claimed by the
institution, those who do more than their allotted tasks are credited
with money allowances to the maximum of one-fifth of the total value of
their work, as calculated at a given rate; and this money (less damage
to tools, etc.) may be spent in the purchase of extras, in the support
of dependents, etc., the balance, if any, being paid to the creditor
on discharge, in one sum or in instalments, either direct or through a
third person.
Insubordination and other offences are not infrequent, and there is a
long gradation of punishments, beginning with formal reproof, either
alone or in presence of other detainees, and rising by many steps to
cell imprisonment for twelve hours in a cage which allows only of
standing and sitting, and finally to corporal punishment, a punishment
which has practically fallen into desuetude and which in no case is
awarded to women or men over sixty years. The majority of offences are
of a minor character and are punished by some curtailment of diet.
Counting only the persons who were committed or admitted to the Labour
House for reformative reasons, the number dealt with in 1908 was 721;
250 (200 men and 50 women) being in confinement at the beginning of the
year, and 471 being newly admitted. The maximum number was 338, and was
recorded in February; the minimum was 180, recorded in July; and the
daily mean for the year was 253.
The Labour House received in addition, however, a large number of
persons who had been sentenced by the police to simple detention with
or without labour (Classes _e_ and _f_), and a large shelter connected
with it lodged 12,655 persons for an aggregate of 36,413 times; of
these persons, 634 were proved to be vagabonds and loafers, and the
remaining 12,021 were artisans and labourers without employment.
The reasons for compulsory or voluntary detention in that year were as
follows:--
---------------------------+----------+----------+----------
| Males. | Females. | Total.
+----------+----------+----------
(1) Destitution by | | |
reason of idleness, | | |
drunkenness, or | | |
irregular life:-- | | |
| | |
(_a_) Personal | | |
destitution | 22 | 6 | 28
| | |
(_b_) Destitution of | | |
dependants | 90 | 17 | 107
| | |
(2) Demoralised persons | | |
under 18 years | 19 | 26 | 45
| | |
(3) Children detained | | |
for observation prior | | |
to transfer to a | | |
reformatory | 3 | 1 | 4
| | |
(4) Temporarily detained | | |
by reason of | | |
homelessness | 283 | 4 | 287
+----------+----------+----------
Total | 417 | 54 | 471
+----------+----------+----------
Committed on compulsion | 204 | 50 | 254
| | |
Entered voluntarily | 213 | 4 | 217
---------------------------+----------+----------+----------
The detainees discharged during the year numbered 421 and were
classified as follows:--
---------------------------+----------+----------+----------
| Males. | Females. | Total.
+----------+----------+----------
Discharged or out on | | |
parole | 275 | 24 | 299
| | |
Removed to hospital, | | |
poorhouse, lunatic | | |
asylum, and orphanage | 28 | 8 | 36
| | |
Removal to penal or | | |
correctional institutions | 19 | 6 | 25
| | |
Absconded | 53 | 7 | 60
| | |
Deaths | 1 | -- | 1
|----------+----------+----------
Totals | 376 | 45 | 421
---------------------------+----------+----------+----------
The terms of their detention were as follows:--
------------------------+------+--------+--------+-------
| | | | Per
| Men. | Women. | Total. | Cent.
+------+--------+--------+-------
6 weeks or under | 66 | 10 | 76 | 18·0
| | | |
6 weeks to 3 months | 75 | 9 | 84 | 20·0
| | | |
3 months to 6 months | 131 | 19 | 150 | 35·6
| | | |
6 months to 9 months | 79 | 6 | 85 | 20·2
| | | |
9 months to 12 months | 19 | -- | 19 | 4·5
| | | |
Over 12 months | 6 | 1 | 7 | 1·7
+------+--------+--------+-------
Totals | 376 | 45 | 421 | 100·0
------------------------+------+--------+--------+-------
During 1908 the inmates performed 65,091-1/2 days of work, the value of
which was £3,474; of this sum, £184 was paid to them in wages, so that
the net proceeds of their labour amounted to 1s. for every day worked
by the inmates. The cost of maintenance (deducting revenue) averaged,
during the five years 1903 to 1907, nearly 1s. 5d. per head per day,
and the cost of food only 5-1/2d. The institution derives an income
of about £1,600 from endowments, and the actual cost to the municipal
funds during those years was under 6d. per head per day.
It may be interesting to add a statement showing the admissions to the
correctional department of the Labour House for a series of years.
It will be seen that while there have been fluctuations, no absolute
increase is shown.
------+------------------------+-------------------------+---------
| Males. | Females. |
Year. +-----------+------------+-----------+-------------+ Total.
|On |Voluntarily.|On | Voluntarily.|
|compulsion.| |compulsion.| |
------+-----------+------------+-----------+-------------+---------
1892 | 64 | 111 | 8 | 16 | 199
1893 | 228 | 195 | 25 | 31 | 479
1894 | 194 | 182 | 35 | 31 | 442
1895 | 160 | 227 | 23 | 46 | 456
1896 | 161 | 167 | 19 | 34 | 381
1897 | 200 | 93 | 23 | 26 | 342
1898 | 185 | 154 | 23 | 19 | 381
1899 | 109 | 252 | 7 | 25 | 393
1900 | 70 | 245 | 13 | 22 | 350
1901 | 88 | 313 | 13 | 18 | 432
1902 | 80 | 276 | 16 | 16 | 388
1903 | 76 | 261 | 22 | 10 | 369
1904 | 91 | 241 | 29 | 11 | 372
1905 | 109 | 238 | 37 | 5 | 389
1906 | 90 | 274 | 37 | 4 | 405
1907 | 77 | 222 | 22 | 5 | 326
1908 | 204 | 213 | 50 | 4 | 471
------+-----------+------------+-----------+-------------+---------
BERNE POORHOUSE OF KÜHLEWYL.
A Swiss example of a virtual Forced Labour Colony carried on as a
part of the machinery of the Poor Law is the Kühlewyl Poorhouse
belonging to the municipality of Berne. This institution was created
some eighteen years ago for the reception of several distinct classes
of inmates (to the exclusion of children), and principally for (1)
persons permanently unable to work and support themselves, and having
no means of subsistence, and (2) persons either altogether or partially
unable to maintain themselves whose lodgment in such an institution
seemed "justifiable in the public interest." The latter phrase is a
significant one. What it implies will be best understood from a passage
in a report addressed to the Municipal Council Committee, which, under
the guidance of the mayor of the day, formulated the scheme. "We
regard it," they said, "as of the greatest importance that there be
established for Berne a Poorhouse in which all such adult poor may
be lodged to whom this mode of maintenance is suited. They include,
not only a large number of the infirm and incapable, but particularly
all the good-for-nothings and depraved people who become a burden on
public charity, whose conduct is a cause of annoyance, and who cannot
be improved except by systematic discipline, by work, wholesome food
and regular life." In fact, one great object was to clear the streets
of Berne of the lazy and immoral of both sexes--people who could not,
in a democratic country, be arbitrarily packed off to a prison, yet who
were rightly regarded as social pests. The first of these two classes
certainly far outweighs the second, but the second is by no means a
small one. To this extent the Poorhouse has much in common with the
Cantonal Labour Houses already referred to.
The number of persons who entered or passed through the Poorhouse
during the year 1908 was as follows:--
---------------------------+----------+----------+----------
| Males. | Females. | Total.
+----------+----------+----------
Detained on January 1 | 202 | 152 | 354
| | |
Admitted during the year | 54 | 24 | 78
| | |
Discharged during the year | 36 | 26 | 62
| | |
Detained on December 31 | 220 | 150 | 370
---------------------------+----------+----------+----------
Of those admitted during the year, seven were sent because of
feeble-mindedness, twenty-two because of bad behaviour, seven because
of unemployment, twenty-nine because of age and sickness, and thirteen
were convalescents needing care in the country.
By reason of the large number of persons who flock to the town of Berne
from various parts of the Canton and thus unduly swell the inmates
of the Poorhouse, the Cantonal Government makes a liberal annual
contribution to the costs of maintenance. Communes other than Berne
which send persons to the Poorhouse for care or discipline pay from £10
to £12 per head.
The Poorhouse is situated several miles out of Berne, in a sequestered
spot at the head of a fertile valley, affording just the isolation
and means of effective oversight which are desirable in such a case.
Attached to it are some 150 acres of land, which are divided into
corn land, meadow and pasture land, plantation, and a large piece of
land set apart as kitchen and nursery gardens. The building, which
was intended to accommodate about 400 inmates--some fifty more than
the usual complement--is a plain but substantial erection, and the
arrangement of the various departments has been admirably thought out.
In no way is there association between men and women, who both live and
work in separate suites of rooms.
Work is required of all inmates according to their capacity. The
regulations state:--
"Every inmate is required to perform, to the extent of his power
and ability, all such work as the director may assign or cause to be
assigned to him, whether field work or employment in the workshops.
The ordinary work day consists of ten hours, but in times of heavy
field work (like harvest), the hours are according to needs. Sundays
and general festivals are observed as days of rest, except that the
inmates are required to do the necessary work in the house and farm
buildings; only in urgent cases (like harvest), is other work required
to be done on these days."
Whenever possible a man is set to the trade or occupation which he
has been accustomed to follow. For farm labourers and gardeners,
for example, there is always a place. Where inmates have had no
particular training, the occupation in which they are likeliest to be
most productive is allotted to them. Thus I noticed at work: smiths,
wheelwrights, cabinet-makers, straw-plaiters, tailors, shoe makers,
sempstresses, chair makers, wicker workers, bakers, paper bag makers,
etc. Almost everything needed in the Colony in the nature of food,
furniture, wood-work in general, tools, sewing, and knitting, besides
repairs of all kinds, is produced on the spot, and at the time of my
visit looms were on order for plain cloth weaving. In addition, a
considerable sum is realised annually by the sale of articles made
by the inmates and by the farming of their labour. The goods sold
include chairs, wicker-work of various kinds, articles of straw, and
paper bags. The farm is, however, still more productive. Of the daily
production of between 300 and 350 quarts of milk, over one-half is
consumed or used for butter, while the rest goes to the Co-operative
Dairy of a neighbouring village, there to be turned into marketable
cheese.
The dietary is largely vegetarian. Breakfast consists of coffee (always
with milk), bread, and potatoes (or porridge once or twice a week
instead of potatoes); dinner of soup and vegetables, with potatoes
or farinaceous pudding and bread, meat being given twice or thrice a
week; and supper of soup and bread, or coffee with bread or potatoes, a
piece of cheese or other extra being added on Sunday evening. Inmates
at work receive, in addition, both in the forenoon and the afternoon,
bread with coffee, but cider or wine may be given instead of coffee in
summer. On festivals a glass of wine is given at dinner.
No special uniform is used in the Poor-house. The inmates are attired
in ordinary dress, without any attempt at symmetry, though deserters,
when returned, are stamped on the coat as a warning.
The mental and recreative faculties of the inmates are not neglected,
for thanks to the kindness of private persons, books, magazines, and
newspapers are provided in considerable number.
It may be asked how order is maintained in a Colony so heterogeneous
as this. The answer is that though the Municipal Authorities possess
powers of punishment irrespective of the police, these powers have
seldom to be exercised. A strong administrator, humane, but firm, who
expects honest work from his people and therefore gets it, keeps the
wheels of this notable piece of disciplinary machinery in smooth and
regular rotation from year's end to year's end. Such of the inmates as
can be trusted are even allowed to spend half a day in town once a week
without any supervision whatever, and the privilege is seldom abused.
They know, in fact, that they are under restraint until they have given
proof of reformed habits, and that in the event of misconduct they will
draw upon themselves more stringent restrictions. I believe that their
amenability to discipline and obedience is but another proof that the
besetting sin of the loafer is less active criminal propensity--save
in so far as "oft the sight of means to do ill deeds makes ill deeds
done"--than a corrigible laziness and disorderliness of life. To quote
the words of the Director of the institution, as spoken to myself: "The
people come here, as a rule, miserable and unhealthy, low and wretched,
worn out by careless living and bad food, but they soon become new
creatures." They do not all turn out saints by any means, but the
percentage of wastrels won back to sobriety and industry is held far to
outweigh the moderate maintenance expenditure incurred on their behalf.
The merely disciplinary measures which, in case of need, are taken
against refractory inmates, include the assignment to them of hard
and unpleasant work either in the house, the farmyard, the forest,
or the fields, refusal of permission to leave the precincts of the
establishment, and refusal of permission to receive visitors. The
actual punishments which may be administered increase from reprimand
in the case of misdemeanour to simple detention for a term not
exceeding ten days, with or without bread and water every second day in
the case of gross misdemeanour, and in aggravated cases detention in
a separate room with marked clothing and close supervision. Corporal
punishment is forbidden; the straight-jacket may be used only for
the restraint of violent offenders, but not as a punishment, and it
may only be applied for four hours at a time. Further, the Poor Law
Authority has the right to transfer dangerous persons to another
establishment.
On the other hand, the rewards for good conduct include the assignment
to an inmate of a superior sleeping place, improved food rations, the
payment of premiums, permission to leave the institution on Sunday, and
appointment to posts of confidence.
The Poor-house is carried on very economically. The entire expenditure
in 1908 amounted to £5,254, of which £454 represented the costs of
administration, £3,721 the costs of maintenance, and £1,081 interest
on capital. The revenue from agriculture was £1,452, from industry
£500, and the maintenance charges and Cantonal subsidy amounted to
£2,998, leaving a deficit of £306 to be made up by the municipality.
Towards a total cost of £15 per head per annum, the inmates earned by
agricultural and industrial work £5 11s. per head, leaving the net
cost, all expenditure counted, £9 9s. per head per annum, or 3s. 8d.
per week.