CHAPTER XI.

RECOMMENDATIONS OF RECENT COMMISSIONS.

It is now desirable to review the attitude towards this question of

three Commissions who have considered and reported upon it during the

past seven years--the Viceregal Poor Law Reform Commission for Ireland,

appointed in 1903, the Departmental Committee on Vagrancy appointed

by the President of the Local Government Board in July, 1904, and the

Royal Commission on the Poor Law, appointed in December, 1905.

The Irish Viceregal Commission, in their Report published in 1906, came

to the following conclusions:--

"Our opinion agrees with that of the majority of witnesses examined

before us, that people who are travelling about the country without

employment, without any means of their own, and who have to support

themselves by mendicancy or recourse to the Poor Law, or by sleeping

out, should be brought by the police before a court of justice. If

they could not then, or through the police or other agency after

remand, give satisfactory evidence (documentary or other), to the

court, of their being habitually hard working and self-supporting,

there should, we suggest, be power conferred upon a Court of

Jurisdiction to direct them to a Labour House in which the inmates

should, as is said to be the case in Belgian establishments, be

required to make or produce the food, clothing and necessaries for

such an institution. We think that, at all events to begin with, four

such Labour Houses might be established for Ireland, and that four

disused workhouses might be set apart for the purpose."[69]

[Footnote 69: Report of the Vice-Regal Commission on Poor Law Reform in

Ireland, Vol. I., p. 55.]

It may be observed here that the Royal Commissioners who inquired

into the working of the Irish Poor Law in 1833 recommended, in their

Report of 1836, that the able-bodied paupers should be employed in the

reclamation of waste land, in works of drainage and fencing, and in the

building of improved dwellings. They also recommended the establishment

of penitentiaries for vagrants, and the deportation of suitable persons

as free labourers to a non-penal Colony. Substantially this was the

method of treating loafers practised in Holland at that time.

The Vice-Regal Commission enumerated the following classes of people as

suited to detention in Labour Houses:--

(1) Rural vagrants over fifteen years of age.

(2) Urban loafers over fifteen years of age.

(3) Mothers of two or more illegitimate children except when nursing

infants.

(4) All parents who are unfit to be entrusted with the charge of their

children, except mothers nursing infants.

(5) Any able-bodied soldiers or ex-solders who are not self-supporting

or are not supported by the Military Authorities.

(6) Any able-bodied adult persons who may, at the instance of the

police or the local Poor Law Authority, be considered by a Court of

Justice as proper cases, owing to their failure to support themselves.

(7) Destitute able-bodied adults who may voluntarily desire to be

admitted as inmates; and

(8) Any destitute able-bodied adults who may be offered an order of

admission to a Labour House by Poor Law Authorities or their officials

in the prescribed manner, _i.e._, as a test of destitution.[70]

[Footnote 70: _Ibid._, Vol. I., p. 58.]

As to the character of the Labour Houses proposed, the Report of the

Commission states:--

"We should be sorry to see in them anything suggestive of more comfort

than can be derived from very hard work, enough of simple food, clean

healthy buildings, fittings and surroundings, but everything of the

plainest, roughest kind. After the first starting and equipment of

the Labour House we think that the inmates, all of whom would be

able-bodied, ought to be obliged to rely, as far as possible, on

their own labours for their support, and as a stimulus they should be

individually made to feel the necessity for personal exertion."[71]

[Footnote 71: _Ibid._, Vol. I., p. 55.]

The Commission further proposed that these Houses of Detention should

be provided and administered by the General Prisons Board and their

cost be defrayed by the National Treasury.

The English Committee on Vagrancy was the immediate outcome of the more

active interest taken in Poor Law circles in the question of vagrant

regulation during the years 1901 to 1904, and of the great increase in

vagrancy which took place during the trade depression of three of those

years.

It must be remembered that the Vagrancy Committee were called upon to

inquire into the case of wayfarers exclusively; nevertheless, some

of their recommendations are equally applicable to loafers of other

classes.

The terms of reference were--"To inquire and report with respect to

England and Wales as to (1) the law applicable to persons of the

vagrant class (_i.e._, the statutory provisions and the bye-laws,

rules, and regulations made thereunder); (2) the administration of the

law applicable to these persons; and (3) any amendments which should be

made in it or in its administration."

The findings of the Committee are crystallised in the words: "It is

clear to us that the present system neither repels nor reforms the

vagrant."

The negative and positive recommendations which were embodied in the

Committee's Report, a document marked by exceptional ability and

breadth of view, may be briefly summarised as follows. This Report is

the more important since the Poor Law Commission, wisely abstaining

from further inquiries into this aspect of Poor Law administration,

substantially endorsed the conclusions of the Vagrancy Committee and

the remedial measures based upon them.

The Committee accept the view that the relief of vagrants should

be altogether removed from the jurisdiction of the Poor Law and be

entrusted to the police, adding:--

"We have considered in detail the difficulties in the way of

this change, and on the whole, we see no reason to doubt that if

the importance of effecting it is once realised, the necessary

adjustments can be made without serious friction."[72]

[Footnote 72: Report of the Departmental Committee on Vagrancy, Vol.

I., p. 34.]

In sympathy with this view the Committee would empower the police to

provide lodging for genuine wayfarers, but they would detain habitual

vagrants in Forced Labour Colonies.

"Our view is that means should be provided to allow of the habitual

vagrant being dealt with otherwise than under the Vagrancy Act, and

that as far as possible, he should be treated not as a criminal, but

as a person requiring detention on account of his mode of life. This

is the principle which governs the system adopted in Belgium under

the law of 1891. For this purpose we propose that a class of habitual

vagrants should be defined by statute, and that this class should

include any person who has been three or more times convicted during

a period of, say, twelve months of certain offences now coming under

the Vagrancy Act, namely, sleeping out, begging, refusing to perform

task of work in casual wards, or refusing or neglecting to maintain

himself so that he becomes chargeable to the poor rate. It will be

seen that we do not propose to create any new offence, and that under

the existing law, this class could be dealt with as incorrigible

rogues. Under this proposal, a means is provided of enabling the Poor

Law authorities to deal with the class of "ins and outs" who now cause

considerable trouble in workhouse administration. We suggest that

persons coming within this definition should be committed by a petty

sessional court to quarter sessions or assizes, and there dealt with

in the same way as the incorrigible rogue, with the exception that

the sentence should be committed to a labour colony for a term not

exceeding three years."[73]

[Footnote 73: _Ibid._, p. 59.]

The Committee further endorse the objections to short sentences which

have been advanced times without number by critics of the Vagrancy

Laws, and propose that delinquents committed to the proposed Labour

Colonies should be detained for not less than six months or more than

three years, but that there should be power to curtail a sentence when

a prisoner showed good conduct or earned a certain sum of money in

wages, as is done at Merxplas.

"The evidence we have received shows conclusively that from any

practical point of view, it is impossible to defend a sentence of a

few days. That it is in no way deterrent to the vagrant is the opinion

of all the witnesses.... We are so fully convinced of the futility and

needless expense of the short sentence, that we consider it necessary

to urge that in any case, where the magistrate deems it expedient to

give a sentence of less than fourteen days for a vagrancy offence, the

sentence should be for one day only.... A sentence for one day means

that the prisoner is detained until the rising of the court, and then

discharged. Under our proposal this sentence would be a conviction;

the conviction would be recorded, and the offender would be warned

by the court that on his second or third conviction he would be

imprisoned for a considerable period or, if our later recommendations

are accepted, he would be committed for a still longer period of

detention in a labour colony as a habitual vagrant."[74]

[Footnote 74: Report of the Departmental Committee on Vagrancy, Vol.

I., pp. 51 and 53-54.]

The Committee adopted my view that Voluntary Labour Colonies of the

German type are useless for persons of the loafing class.

"It is clear that a labour colony of the German type is of little use

for dealing with persons of the tramp class. Mr. Dawson says that 'it

is not disciplinary in the coercive sense: it is purely voluntary;

the inmates can stay or not as they please.' Many of this type of

colonists come again and again, and are termed 'colony loafers.' They

correspond to the 'ins-and-outs' of our English workhouses. The object

of the colonies is to effect some moral reformation, but it appears

that three-fourths of the colonists have been previously imprisoned,

and there is no evidence that any substantial improvement results

from the time spent in the colonies. Mr. Dawson expresses his opinion

thus:--

'Speaking generally, I do not think that you can regard them as being

reformatory institutions. The inmates do not stay long enough and the

discipline is not severe enough.'"[75]

[Footnote 75: _Ibid._, p. 66.]

They also include the existing English Labour Colonies in the same

criticism. "None of these Colonies," they say, "is intended primarily

for persons actually belonging to the vagrant class; there is no

power of detention, and the conditions are generally superior to what

would be desirable in a Colony to which habitual vagrants would be

committed."[76]

[Footnote 76: _Ibid._, p. 70.]

The Committee further agree that a purely agricultural Colony is

altogether inferior to one in which trades and industries are carried

on in conjunction with farm work, and that only on this twofold basis

can a Labour Colony be conducted economically and efficiently.

"Apart from the fact that agriculture alone would not pay, the

experience of labour colonies is that agriculture could not be relied

upon as the sole employment for the colonists: on wet days throughout

the year, in frosty weather, and, indeed, during a great part of the

winter, but little farm work could be carried on; again, some of

the colonists would be quite unfitted for work of this character;

and, lastly, there would be difficulty in disposing of the surplus

agricultural produce without affecting outside industries. Everywhere

the managers of colonies have found it necessary to establish

workshops and various kinds of indoor industries in addition to work

on the land, and it seems clear that the organisation of indoor

industries must take the foremost place in a colony if employment has

to be found for a large body of colonists all the year round."[77]

[Footnote 77: Report of the Departmental Committee on Vagrancy, Vol.

I., p. 80.]

Very wisely and necessarily, too, the Committee have called attention

to a danger which, unless closely watched, would discredit past

redemption any public Detention Colonies that might be established in

this country--the danger of launching into extravagant, foolish, and

needless expenditure on buildings and initial installation.

"We are strongly of opinion that as regards any buildings coming

within our proposals, means should be adopted to protect the ratepayer

from any expenditure that is not really necessary for the object in

view."[78]

[Footnote 78: _Ibid._, p. 87.]

The Committee would deal kindly with the private interests which may be

expected to raise an outcry against Labour Colony competition in the

labour market. While, however, they would restrict competition with

free industry as far as possible, they add the reservation that on that

principle free labour would not have to compete with the Colonies--in

other words, the latter should have a right to supply, if able, the

whole of their own needs.

The Committee would adopt in full the Continental practice of allowing

the inmates to earn wages out of which to supplement their food rations

and to save for the day of release.

"We realise the futility of establishing labour colonies for the

reformation of the habitual vagrant unless some means can be devised

of making him work: and it would be undesirable to have to resort to

constant punishment to enforce the performance of the daily task. The

punishments, too, would be limited; bread and water diet could not be

given continually, and confinement to a cell would probably soon lose

its effect. Compulsion, therefore, would in some cases be impossible,

and the inducements to good conduct and industry which are held out to

the inmates of prisons, such as letters or visits from their friends,

classification indicating superiority of some kind, and so on, would

scarcely appeal to the majority of the inmates of a vagrant colony. We

believe that the best and simplest method of securing the desired end

would be to allow the colonists to earn by industry and good conduct

small sums of money, a portion of which should be retained until their

discharge, and a portion handed over to them weekly to spend, if they

like, at the canteen of the colony in the purchase of extra articles

of food, tobacco, etc.; and the accumulation of a certain amount of

earnings might afford an opportunity for earlier discharge."[79]

[Footnote 79: _Ibid._, p. 77.]

It is worthy of note that the Merxplas theory of social reinstatement

is virtually embraced by the Committee, who say:--

"In the case of labour colonies, much expense in the way of buildings

and staff can be saved by adopting the view accepted at Merxplas, that

it is not worth while to go to great expense in preventing the escape

of the inmates. If a colonist escapes, and is able to support himself

without coming within the reach of the law, his escape from the colony

is no matter for regret; if he breaks the law and comes again before

a magistrate a proper system of identification will ensure his being

sent back to the colony. If the detention is intended not so much as a

punishment, but rather as a means of restraining the vagrant from his

debased mode of life, the risk of his escaping need not be regarded so

seriously as in the case of a criminal committed to prison to expiate

his crime."

Considering the question of finding employment for discharged

prisoners, the Committee recommend that the superintendent of each

police division should be responsible for the collection of information

as to work available in his district, and that this information should

be transmitted at frequent intervals to the chief constable of the

county, who would send complete lists to each police station and

to the casual wards for the inspection of those seeking work. This

recommendation was made before the decision to establish State labour

registries in all the large towns. Where this new machinery exists it

would clearly be expedient to use it, and for that purpose it would be

necessary for each Labour Colony to keep in constant touch with the

nearest official registry, receiving its periodical lists of vacant

situations, and notifying such reliable labour as it may have at

disposal. The public labour registries would in this way be helpful in

assisting discharged inmates to find industrial employment, but in so

far as agricultural work might be needed, the Colonies would probably

have to rely upon their own sources of information.

When they come to discuss the authorities which should establish and

be responsible for the maintenance of the Detention Colonies, some of

the Committee's recommendations seem to me to call for reconsideration.

They object to State-managed Colonies on the ground that the State

would provide institutions of the wrong kind, and would be sure to

establish either too many or too few,[80] and propose that the County

Councils and voluntary philanthropic and religious agencies should be

left both to establish and manage these institutions.

[Footnote 80: "There are no means of estimating approximately the

number of tramps who might properly be committed to labour colonies,

and it is even more impossible to estimate how many would actually

be committed if provision were made by law for the purpose. The

result of any Government Department undertaking to supply sufficient

accommodation for all the vagrants committed by the magistrates would

either be that the accommodation would be wholly inadequate for the

requirements, or, as is perhaps more probable, that public money

would be wasted in establishing and fitting up institutions in which,

for at all events some years, the provision made would be altogether

disproportionate to the number of inmates....

"There is another consideration to which we attach great weight, and

it is that labour colonies established by the State would inevitably

have to be all of the same type, and we have at present no sufficient

knowledge to determine exactly what that type should be."--Report, Vol.

I., pp. 75.]

The County Councils alone are, in my opinion, the proper authorities

to undertake this responsibility, and in entrusting it to them we

should only be reverting to the practice of the sixteenth century, when

the provision of places of work for vagrants was made incumbent upon

Quarter Sessions in every county.

Moreover, I hold still to the view, advanced in my evidence before

the Committee, that there is no warrant whatever for supposing that

private enterprise and philanthropy would be willing to provide the

funds necessary for establishing these Colonies. Nor, in my opinion,

is there any reason why they should. The disciplinary treatment of

the vagrant and the loafer is a public duty, and it cannot safely be

left to private effort, however well-meaning that effort might be. The

Voluntary Labour Colonies of the Continent and the English Colonies

of the Salvation Army type rest rightly on a private basis, for their

work is avowedly philanthropic and moral, and the men for whom they

exist come and go at will. Detention Colonies, on the other hand, would

be an essential part of the penal system of the country, and powers

of restraint such as they would exercise could not properly be placed

in the hands of private individuals or associations. I reassert the

contention, therefore, that the Colonies should be provided by the

counties according to requirements, the right being given to several

counties to combine for the purpose, with a view to avoiding any

unnecessary multiplication of establishments. At the same time private

Colonies would prove useful auxiliaries to the public Colonies in the

way indicated in the third chapter.[81]

[Footnote 81: _See_ pp. 89-91.]

One type of Colony alone the Committee would require the State to

provide--a Colony strictly penal in character for the reception of bad

cases.

"Although we have recommended that labour colonies should be

established and managed by county councils and voluntary agencies

rather than by the State, we are of opinion that it may be necessary

to have at least one institution under State control. It will no doubt

be found that certain of the habitual vagrants will not be amenable

to the discipline of the ordinary labour colonies, or from their

repeated escapes, and re-committals will need a more severe treatment.

We would suggest that instead of sending such cases to a prison, a

labour colony of a penal type should be established by the State. This

State labour colony should be conducted generally, on the lines of the

ordinary labour colony, except that the discipline enforced should

be more severe, and that escapes should be more carefully guarded

against. It would also be necessary to secure that it did not possess

attractions over the ordinary colonies, either in diet or other

respects."[82]

[Footnote 82: Report of Vagrancy Committee, Vol. I., p. 82.]

They propose also that all Colonies, however established, should be

certified by the Secretary of State, should be managed in accordance

with regulations issued by him, and should be subject to inspection by

officers appointed by him.

The Committee do not assent to the immediate abolition of the casual

wards. "We see no likelihood," they write, "of its being possible

to dispense altogether with casual wards for the reception of needy

wayfarers, at all events for some years,"[83] though they propose to

place them under the control of the police. As my own evidence is

cited in favour of abolition, it may be advisable to say that as an

alternative I suggested, as already explained,[84] the establishment

of hostels superior to the casual wards for the accommodation of

genuine work-seekers. I contend that the casual wards are too good

for the vagabond and not nearly good enough for the honest worker.

In Germany and Switzerland, as we have seen, accommodation equal to

that of a decent working man's cottage can be had in public hostels

by the certified wayfarer for the cost of a dirty bed in an English

"model" lodging-house, and if the ratepayer were relieved of the heavy

direct and indirect cost of maintaining the tramp, he would probably be

willing to make provision on generous lines for respectable wayfarers

desirous of finding employment.

[Footnote 83: _Ibid._, Vol. I., p. 34.]

[Footnote 84: _See_ Chap. III., pp 96-103.]

Something may, indeed, be said in favour of abolishing the casual wards

by degrees only, but the insuperable objection to their permanence is

that to retain the wards would mean the retention and toleration of the

tramp. It will be useless to wage war against vagrancy if we leave the

enemy in quiet possession of his cover. In any event it is clear that

until improved accommodation is provided for _bona fide_ work-seekers,

the casual wards will have to continue in some form. When such

accommodation exists, however, and the tramp is given the alternative

of work with freedom or work under restraint, the excuse for the casual

ward will disappear.

Meantime, the Vagrancy Committee wish to see genuine seekers of work

treated differently from the ordinary casuals, in having a merely

nominal task of work to perform, instead of one of nine hours, in

return for the relief given.

"Some means," they say, "should be adopted of discriminating between

the wayfarer who is genuinely in search of work and the idle vagrant.

Nearly all the witnesses we have examined have expressed themselves

in favour of some system of way-tickets as a means of helping the

_bona fide_ work-seeker on his way or of assisting to distinguish

such a case from the undeserving mendicant. The proposal is one which

has received general support. Although the _bona fide_ work-seeker

forms but a very small proportion of the total number of vagrants,

it is impossible to exclude this class from any consideration of

the vagrancy problem. The fact that under the present system the

working man on tramp who goes to a casual ward receives just the

same treatment there as the professional mendicant, is a direct

encouragement to indiscriminate almsgiving, as persons who give to

the beggar on the road have the excuse that he may be a _bona fide_

work-seeker who ought not to be treated like the ordinary vagrant.

We are strongly of opinion that some better provision should be made

to assist the man genuinely in search of work, not only because his

case merits different treatment, but because it is most important to

remove the excuse for casual almsgiving. It appears that in the case

of members of trades unions there is no need of any provision of this

sort....

"We propose the performance of a small task by the holder of a

way-ticket. It may be urged that if the man is _bona fide_ in search

of work he should not be required to do any task; but we consider that

a task of a useful but light nature will help to maintain a spirit

of independence, and at the same time act as a check to any abuse of

the facilities provided. In return for the food and lodging given,

it seems only right that the recipient should do some work, but we

think he should be free to do the work as soon as he wishes, either on

the day of arrival or the next day, so that he can leave the ward as

early as possible. For the way-ticket man we propose that there should

practically be no detention, and we think that he should generally

have better treatment and accommodation than the ordinary vagrants,

and be kept as far as possible apart from them. And it should be open

to him to remain at the ward for another night if he desires a rest on

his journey."[85]

[Footnote 85: Report of Vagrancy Committee, Vol. I., pp. 43 and 49.]

The passport or way-ticket system recommended by the Committee

is substantially that which has been carried on for years in

Westphalia[86] and other parts of Germany in connection with the Relief

Stations, as already described, and upon which the Swiss system was

modelled. The Committee say:--

[Footnote 86: For the rules of the Westphalian system of Relief

Stations, _see_ Chap. IX., p. 212-215, and for text of way-tickets,

_see_ Appendix II., p. 254-257.]

"We think that the police should be empowered to issue a way-ticket

to a man who can satisfy them either that he has worked at some

employment (other than a casual job) within a recent period, say three

months, and that he has reasonable ground for expecting to get work at

a certain place, and that he is likely to keep to it, or that he has

some other good ground for desiring to go to some particular place.

A case that might be dealt with under the latter description is the

sailor who has missed his ship, and wishes to get to some other port.

"The ticket should give the man's personal description, his usual

trade, his reason for wanting to travel, and his proposed destination,

and should contain his signature, and, possibly, his finger-prints for

the purpose of testing his identity. It should be in the form of a

book, something like the Swiss traveller's book, with spaces on which

should be stamped the name of each casual ward visited. We think that

the duration of the book should be limited to a certain period, say

one month. With this book, the man would go to the casual ward, and

be entitled to a night's lodging, supper, and breakfast, and, after

performing two hours' work to help to pay for his food and lodging,

he should be free to leave the ward whenever he likes. The name of

the next ward on the direct line of his route, which he can reach

that night, should be entered in the book, and if he arrived at that

place he should be treated in the same manner. The book would thus be

a record of the man's journey, and show clearly on the face of it

whether he is genuinely in search for work."[87]

[Footnote 87: Report of Vagrancy Committee, Vol. I., pp. 48, 49.]

There would appear to be no reason, however, why the issue of

way-tickets should be confined to the police, and the finger-print

method of identification, which is well enough for rogues and

vagabonds, would be an indignity in the case of _bona fide_ working

men. In both respects a certain degree of elasticity seems desirable.

Way-tickets might be issued by the State labour registries, the Charity

Organization Societies, and relieving officers, and in the case of

organised workers by their trade unions, without reference to the

police, and the less reputable class of way farers alone might be

required to apply to the local police office.

The Poor Law Commission have virtually endorsed the Detention Colony

proposals contained in the Report of the Vagrancy Committee, while

giving them wider application. The Vagrancy Committee considered the

vagrant alone; the Poor Law Commission considered him only in so far

as he uses the casual wards and hence falls upon public charity, and

even so quite incidentally as one among many types of mischievous

paupers with whose case existing Poor Law methods and institutions are

unable satisfactorily to deal. The recommendations of the Commission,

therefore, cover a wide field, yet so far as measures of discipline and

restraint go they coincide broadly with the proposals detailed in the

earlier pages of this book.

The Commission say in the Majority Report:--

"The last and most difficult class with which the Public Assistance

Committee will have to deal are those who, before they have any chance

of being restored to independence, require detention, discipline,

and training for a prolonged period. We may subdivide this class

into two divisions:--(1) Those unwilling to work; (2) those whose

character and behaviour are such that no employer will engage them....

It does not seem to us that the maintenance and detention of persons

who will not work, or whose recent character and conduct are an

inseparable bar to their re-entering industrial life, are within the

legitimate functions of a Public Assistance Authority. Detention under

disciplinary treatment affords the best hope of their reformation,

or of preventing them by their example or conduct from contaminating

those with whom they come in contact. They should be handed over to

that authority whose special duty it is to detain those whose presence

at large is a mischief to the community. Detention Colonies under the

control of the Home Office should, in our judgment, be established for

the reception of this class. We believe that no system of labour or

industrial colonies can be properly worked unless there is in reserve

a semi-penal institution, to which those who refuse to comply with the

rules and regulations of the colony can be sent upon proof of repeated

or continuous misconduct."[88]

[Footnote 88: Majority Report, Vol. II., pp. 544, 545.]

Elsewhere the Commission more particularly specify the following acts

as justifying detention:--

(_a_) Wilful refusal or neglect of persons to maintain themselves or

their families (although such persons are wholly or in part able to

do so), the result of such refusal or neglect being that the persons

or their families have become chargeable to the Public Assistance

Committees.

(_b_) Wilful refusal on the part of a person receiving assistance to

perform the work or to observe the regulations duly prescribed in

regard to such assistance.

(_c_) Wilful refusal to comply with the conditions laid down by the

Public Assistance Authority upon which assistance can be obtained,

with the result that a person's family thereby become chargeable.

(_d_) Giving way to gambling, drink, or idleness, with the result that

a person or his or her family thereby become chargeable.

They add:--

"The counterparts of the first two of the above offences are

already punishable under the Vagrancy Acts, and a third repetition

of them renders the offender liable to imprisonment for not more

than one year with hard labour. For this punishment we propose to

substitute committal to a Detention Colony for any period between

six months and three years. This proposal is in general harmony

with the recommendations of the Departmental Committee on Vagrancy,

and we believe it to be essential to the proper treatment of the

ins-and-outs, the work-shy, and the loafer. Moreover, by removing

these cases to the care of another authority, the Public Assistance

Authority will be enabled to deal more effectively and more hopefully

with the better class of workmen applying for assistance."[89]

[Footnote 89: _Ibid._, Vol. II., p. 549.]

Again:--

"Stronger measures--particularly detention--should be taken in dealing

with the ins-and-outs. Public Assistance Authorities should have

power to retain the children of such under their care, and to take

proceedings to secure the detention and training of the parents in a

suitable institution or colony, until they are prepared to maintain

themselves and their families outside.

"Feeble-minded ins-and-outs should be detained in suitable

institutions according to the recommendations of the Royal Commission

on the Feeble-minded.

"For able-bodied ins-and-outs, who are incapable of maintaining

themselves permanently owing to want of discipline, application, or

skill, provision should be made by which they would labour according

to their strength, and support themselves as far as possible; more

varied work might be furnished, and their labour made more productive

in supplying the needs of the institution to which they are admitted.

"For those frequenting Public Assistance Institutions who are

confirmed drunkards, and persons leading immoral lives there should be

power of detention after their incapacity to lead a decent life has

been proved.

"Paupers well able to work, _i.e._, cases of persistent idleness,

should be referred to a Detention Colony under the Home Office."[90]

[Footnote 90: Majority Report, Vol. II., pp. 282, 283.]

As I have already shown, every one of these social offences is punished

by detention and disciplinary treatment in Forced Labour Colonies,

variously called, on the Continent. Not only so, but we have seen that

the power to commit to these institutions is in many towns exercised by

the Poor Law Authorities, either independently of or concurrently with

the police and the magistrates.

Beyond recommending that the Detention Colonies should be established

by the State, and that the local Public Assistance Authorities should

pay for the maintenance of individuals detained by their order or

request, the Commission do not go into details, but accept the general

conclusions of the Vagrancy Committee.

Not less gratifying than the attitude towards the question of vagrancy

of these official investigators is the widespread support which Poor

Law Authorities in general have given during the past several years to

the repressive policy which is now before the country. The proceedings

of the Poor Law Conferences and the Reports of Poor Law Inspectors

testify clearly to the new spirit which has come over public opinion.

Wherever we look, indeed, signs of changed opinions, abandoned

prejudices, and expectations of a new departure are visible. It is

not too much to hope and to ask that one of the first steps in the

reform of the law of public relief may be the subjection to wholesome

systematic restraint of all those parasitic sections of the population

which now abuse public and private charity. Only when they cease to

obstruct the path of the social reformer will it be possible to view

in its true proportions and relationships the momentous question of

society's obligation to the unemployed and the helpless poor.

APPENDIX I.

THE CHILDREN ACT, 1908, AND VAGRANTS.

Section 14 (Part II.) of the Children Act, 1908, provides:--

"(1) If any person causes or procures any child or young person or,

having the custody or care of a child or young person, allows that

child or young person to be in any street, premises, or place for

the purpose of begging or receiving alms, or of inducing the giving

of alms, whether or not there is any pretence of singing, playing,

performing, offering anything for sale, or otherwise, that person

shall on summary conviction be liable to a fine not exceeding £25, or

alternatively, or in default of payment of such fine, or in addition

thereto, to imprisonment, with or without hard labour, for any term not

exceeding three months.

"(2) If a person having the custody, charge, or care of a child or

young person is charged with an offence under this section, and it is

proved that the child or young person was in any street, premises, or

place for any purpose as aforesaid, and that the person charged allowed

the child or young person to be in the street, premises, or place, he

shall be presumed to have allowed him to be in the street, premises, or

place for that purpose unless the contrary is proved."

The Act (Section 20), also empowers a constable or any person

authorised by a justice to take to a place of safety any child or young

person in respect of whom an offence of the kind has been, or there is

reason to believe has been, committed, and (Section 21) where a person

having the custody, charge, or care of a child or young person has been

convicted of committing such an offence in respect of a child or young

person, or committed for trial for such offence, a Court of Summary

Jurisdiction may order the child or young person to be committed to

the care of a relative or other fit person until the age of sixteen

years, or for a shorter period, and (Section 22) may make an order for

maintenance during such period on the parent of or other person liable

to maintain the child or young person, up to the limit of £1 weekly.

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