3. Name some employers' associations.

4. Contrast the aims of the union with the aims of the employers'

association.

5. Discuss the methods of industrial warfare.

6. Why is industrial warfare undesirable?

7. What is the attitude of American democracy toward industrial

warfare?

8. Name some minor methods of industrial peace.

9. Discuss the character of the trade agreement.

10. Distinguish between conciliation, mediation, and arbitration.

11. Discuss compulsory arbitration in New Zealand and Australia.

12. What is the significance of the Kansas Court of Industrial

Relations?

13. What is the outlook for industrial peace in this country?

14. Define industrial democracy.

REQUIRED READINGS

1. Williamson, _Readings in American Democracy_, chapter xviii.

Or all of the following:

2. Bullock, _Elements of Economics_, chapter xiii.

3. Carlton, _History and Problems of Organized Labor_, chapter v.

4. Ely, _Outlines of Economics_, chapter xxii.

5. Fetter, _Modern Economic Problems_, chapter xx.

QUESTIONS ON THE REQUIRED READINGS

1. What are the three types of labor organizations? (Fetter, page

299.)

2. Who were the Knights of Labor? (Bullock, page 316.)

3. What is the economic justification of the trade union? (Ely, pages

445-446.)

4. Outline the history of the American Federation of Labor. (Carlton,

pages 74-82.)

5. What are some of the secondary functions of the trade union?

(Fetter, pages 298-299.)

6. Among what groups of workers is the trade union strong? Among what

groups is it weak? (Fetter, page 300.)

7. What effect has unionism had upon wages? (Fetter, pages 306-307.)

8. What is meant by limitation of output? (Ely, pages 449-450.)

9. What is a standard wage? (Bullock, pages 320-321.)

10. What is the legal status of the strike? (Bullock, pages 328-329.)

11. What is scientific management? (Bullock, pages 339-340.)

12. What will probably be the future development of the trade union?

(Ely, pages 468-469.)

TOPICS FOR INVESTIGATION AND REPORT

I

1. Origin and growth of the trade union movement in your section.

2. Select some one trade union for study. Obtain information on the

following points, either by means of literature issued by the union,

or by personal interview with union officials:

(a) Aims of the union.

(b) Insurance benefits.

(c) Political activities of the union.

(d) Strike procedure.

(e) Attitude toward arbitration.

3. Select for study an employers' association in your locality. Obtain

information on the following points. (If no association is available,

consult a friendly employer):

(a) Attitude of the employer toward the trade union movement.

(b) Attitude toward the closed shop.

(c) What the employer does when a strike is launched against him.

(d) Use of the injunction.

(e) Attitude of the employer toward arbitration.

4. If possible, investigate an actual strike and report upon it.

5. The laws of your state with regard to mediation, conciliation, and

arbitration. Do you think further legislation on this subject is

advisable?

II

6. History of the trade union movement in the United States. (Consult

any available text on labor problems. See also Carlton, _Organized

Labor in American History_.)

7. The Knights of Labor. (Any standard text on labor problems, or an

encyclopedia.)

8. Trade union policies. (_Bullock, Selected Readings in Economics_,

pages 589-613.)

9. Program of the American Federation of Labor. (Any standard text on

labor problems, or an encyclopedia.)

10. The theory of price changes. (Taussig, _Principles of Economics_,

vol. i, chapter xxii.)

11. The problem of adjusting wages to prices. (Bloomfield, _Selected

Articles on Problems of Labor_, pages 56-75.)

12. Reducing the labor turnover. (_Annals_, vol. ixxi, pages 1-81.)

13. Scientific management. (Any standard text on labor problems. See

also Hoxie, _Scientific Management and Labor_.)

14. Incorporation of the trade union. (Bloomfield, _Selected Articles

on Problems of Labor_, pages 262-267. Commons, _Trade Unionism and

Labor Problems_, chapter vi.)

15. Employers' associations. (Any standard text on labor problems.)

16. Principles of industrial relations, as formulated by the Chamber

of Commerce of the United States of America. (Write to the Chamber's

headquarters, Washington, D. C., for copies. Also reprinted in Edie,

_Current Social and Industrial Forces_, pages 346-381.)

FOR CLASSROOM DISCUSSION

17. Closed shop versus open shop.

18. Should trade unions be obliged to incorporate?

19. To what extent does compulsory arbitration constitute an

unwarranted interference in private business?

20. The shortening of the working day.

21. Effect of the World War upon relations between labor and capital.

CHAPTER XIX

HEALTH IN INDUSTRY

197. INDUSTRY AND HEALTH.--Wherever the Industrial Revolution has

progressed beyond the initial stages, there has been an enormous

increase in wealth and prosperity. At the same time, serious evils

have accompanied the transition from a relatively simple agricultural

stage to a stage dominated by the factory system. The tendency toward

overcrowding in rapidly growing cities, the difficulties of

maintaining a normal family life where mother or children are employed

in factories, and the danger of overstrain, accident and disease in

industrial pursuits, all these factors render very important the

problem of health in industry.

Though health in industry is only one phase of the general problem of

health, it will be impossible here to exhaust even that one phase. We

shall accordingly confine ourselves to the discussion of three

questions: first, child labor; second, the employment of women in

industrial pursuits; and third, the insurance of our industrial

population against accident, sickness, old age and unemployment.

198. CHILD LABOR: EXTENT AND CAUSES.--There are in this country more

than two million children between the ages of ten and fifteen, engaged

in gainful occupations. In all sections of the country large numbers

of children are found in agriculture, this industry generally being

beyond the scope of child labor laws. The employment of children in

factories, mines, quarries, mills, and shops, on the other hand, is

now considerably restricted by law. This is true of all parts of the

country. However, child labor is still of wide extent in the United

States, due to the large number of children found in agriculture,

domestic service, street trades, stores, messenger service, and

tenement homework.

Of the immediate causes of child labor one of the most important is

the poverty of the parents. Where the parents are themselves day

laborers, it is often considered necessary or desirable to increase

the family earnings by putting the children to work.

From the standpoint of the employer child labor is rendered possible

and even desirable by the development of types of work easily

performed by small children. In many cases the tendency of parents to

put young children to work is encouraged by the lax administration of

school attendance laws. This tendency has also been encouraged by the

indifference of the public to the evil effects of child labor.

199. EFFECTS OF CHILD LABOR.--Students of the problem of child labor

unanimously condemn the practice of habitually employing young

children outside the home. Where poorly paid children compete with men

and women, they serve either to displace adults, or, by competition,

to lower the wages of adults.

The effects upon the children themselves are injurious. Stunted,

crippled, and diseased bodies are the result of steady work at too

tender an age. Schooling is interrupted, so that child workers

generally develop into illiterate and inefficient adults. When

children are forced into gainful occupations at an early age, the

family life is disrupted, and proper home training is difficult, if

not impossible. Still another factor is the greater temptation to vice

and crime confronting the child outside the home.

200. CHILD LABOR LAWS.--Since 1870 the growing acuteness of the child

labor problem, together with an aroused public opinion, has served to

increase the number of laws restricting child labor. At the present

time, forty-five states forbid the employment in certain industries of

children under fourteen years of age.

A Federal child labor law was passed in 1916, but two years later the

measure was declared unconstitutional by the Supreme Court. [Footnote:

For an explanation of this point, see Section 214 of this chapter.] In

1919 a new Federal law was enacted. In order to avoid the charge of

unconstitutionality, this measure attacks child labor _indirectly_.

The law levies an excise tax of ten per cent on the entire net profits

received from the sale of all the products of any mine, quarry, mill,

cannery, workshop, factory, or manufacturing establishment, which

employs children contrary to certain age and hour specifications. The

effect of this ten per cent tax is so to reduce the profits of the

employers affected, as virtually to prohibit child labor. By this

means the act prohibits child labor in several important groups of

industrial establishments.

The difficulty with the law is that it touches only about fifteen per

cent of our two million child workers. It does not affect, for

example, the large number of children employed in agriculture,

domestic service, street trades, stores and restaurants, messenger

service, and tenement homework.

201. MINIMUM PROVISIONS OF A GOOD CHILD LABOR LAW.--The passage of

more comprehensive child labor laws is being advocated by a number of

social agencies, notably by the National Child Labor Committee. The

minimum provisions of a good child labor law have been set forth by

the committee somewhat as follows:

As a general proposition, no child should be regularly employed in a

gainful occupation who is under sixteen years of age. There should be

an even higher age limit for child workers in quarries, mines, and

other dangerous places. Children should not work more than eight hours

a day. Nor should they be allowed to engage in night work until they

have reached the age of, say, twenty years. All child applicants for

industrial positions should first be required to pass educational

tests and a physical examination. A good child labor law should

provide for a corps of factory inspectors, as well as for other means

of securing the efficient administration of the law. Lastly, it is

important that there be close co÷peration between employers and the

school authorities in the matter of child labor.

202. INCREASED NUMBER OF WOMEN IN INDUSTRY.--There have always been

women in industry, but of recent years the proportion of women so

engaged has increased so rapidly as to create a serious social

problem. From needlework, domestic service, and teaching, women have

spread rapidly into trade, commerce, and the professions. A few years

ago transportation and police work were monopolized by men, but to-day

women are entering these fields rapidly. Though they outnumber men

only in domestic and personal service, women are numerous in

practically every important calling except plumbing and street

cleaning. Altogether more than 8,000,000 women are engaged in gainful

occupations in the United States.

203. WHY WOMEN RECEIVE LOWER WAGES THAN MEN.--Women generally receive

lower wages than men. One reason for this is the physical weakness of

women, which renders them less desirable in many types of work. Social

conventions, home attachments, and, often, the lack of the venturesome

spirit, combine to keep women from moving about in search of improved

working conditions to the same extent as men. The expectation of

marriage causes many young women to neglect to increase their

efficiency, and this at least prevents their wages from increasing as

rapidly as those of young men who undergo consistent training. The

trade union is still little developed among women workers, a factor

which often prevents higher wages from being secured. Low wages are

often traceable to the fact that there is an over supply of girls and

women in the labor market. Large numbers of girls and women are

partially supported at home, and are able and willing to work for

"pin-money" only. Many employers take advantage of this fact to offer

very low wages.

204. LEGISLATION REGULATING THE LABOR OF WOMEN.--Although it would

seem desirable to keep young children out of industry altogether,

there is a general agreement among students of the problem that the

labor of women ought to be further regulated rather than actually

prohibited. A number of states have already enacted laws designed to

safeguard women in industry. In some states the number of working

hours for women has been cut from eleven to nine, while in other

states the maximum number of hours during which women may work is

eight. Some states prohibit night work for women in industrial

establishments. The great majority of the states now provide for

proper rest periods, guarded machinery, the ventilation of workrooms,

and, where practicable, seats for women employees. To the extent that

women actually do the same amount and quality of work as men, there is

a growing feeling that men and women ought to receive equal pay.

205. THE MINIMUM WAGE.--A minimum wage law is one which specifies that

in certain occupations laborers may not be paid less than a stipulated

wage. The aim of the minimum wage is to protect the laborer against

employment which, under freely competitive conditions, does not pay

wages high enough to guarantee a decent living.

The first minimum wage law in the United States was passed by

Massachusetts in 1912. The movement grew rapidly, and by 1921 more

than a dozen additional states had adopted minimum wage laws. In some

states the law applies only to specified industries; in others it

covers all occupations. In some states the law covers only the

employment of women, but in most cases the principle of the minimum

wage applies to women and minors under eighteen, or even twenty-one

years of age. In some foreign countries the minimum wage is also

extended to the labor of men, but in the United States men are

everywhere exempted from the operation of such laws.

206. ARGUMENTS IN FAVOR OF THE MINIMUM WAGE.--The champions of the

principle of the minimum wage advance a number of arguments in its

favor. It is contended that no industry is socially desirable if it

cannot pay a living wage, for when wages fall below a certain minimum,

poverty, ill-health, and vice are natural results. When laborers are

themselves unable to improve their economic position, it is said, it

becomes the duty of the state to guarantee them a living wage. Another

argument in favor of the minimum wage is that it not only eliminates

considerable poverty, but it makes possible a healthier and more

contented labor force. It is claimed that strikes and social unrest

are partially eliminated by the minimum wage.

207. ARGUMENTS AGAINST THE MINIMUM WAGE.--In spite of the rapid spread

of minimum wage legislation in this country, the principle has met

with considerable opposition. It is claimed by some that where poverty

is due to bad personal habits, the mere payment of a higher wage will

not abolish poverty. It is also urged that because of price changes,

and because of differing concepts of a standard of living, it is

difficult to determine what is really a living wage. Some employers

maintain that the minimum wage is contrary to economic law, since it

forces the payment of a wage which the laborer often does not earn.

The compulsory nature of the minimum wage is also opposed on the

grounds that it constitutes an undue interference with individual

rights. [Footnote: Formerly an important argument against the minimum

wage was this: There are large numbers of people who cannot _earn_ the

minimum wage, and because employers will tend not to employ them, such

persons will have to be supported by charity. The force of this

argument is reduced, however, by the fact that most minimum wage laws

now make special provision for the part-time employment of such

persons.]

208. THE RISKS OF INDUSTRY.--In spite of the fact that most States now

have detailed laws providing for the guarding of machinery and the

supervision of dangerous occupations, a half million persons are

injured or killed annually in industrial employments in the United

States. A considerable amount of ill-health is traceable to working

with drugs and acids. Continued work in dusty mills and shops, as well

as long exposure to the excessively dry or excessively moist

atmosphere required by certain manufacturing processes, also give rise

to "occupational" diseases. Old age frequently brings poverty and

distress, in spite of a life of hard work. Lastly, the laborer runs

the risk of unemployment.

209. THE PRINCIPLE OF SOCIAL INSURANCE.--As a general rule, laborers

do not voluntarily insure themselves against illness, unemployment,

accident, or old age. This is partly because they lack the necessary

funds, and partly because they lack the foresight necessary for such

action. If, therefore, the risks of industry are adequately to be

insured against, the initiative must be taken by some one other than

the laborer. As a result of this situation, there has developed the

principle of social insurance. Social insurance, as distinguished from

insurance by trade unions or private agencies, is compulsory, and is

administered, or at least supervised, by the state or Federal

authorities.

From the standpoint of the community, social insurance may be

justified on four grounds. First, the risks of industry are largely

beyond the control of the individual workman, and hence he ought not

to be held wholly responsible for the penalties which industry may

inflict upon him. Second, the community gets the benefit of the

laborer's efforts, and thus ought to feel morally obligated to

safeguard his employment. Third, an injury to the laborer restricts

the productivity of the community by crippling or removing one of its

productive agents. Fourth, compulsory insurance is a social necessity,

for where nothing has been laid aside for a rainy day, the

interruption of earnings subjects the laborer and his family to

hardship and disaster. Wisely administered social insurance prevents a

great deal of poverty and distress which would otherwise constitute an

added burden upon charitable organizations.

210. INSURANCE AGAINST ACCIDENT.--Accident insurance has been a

feature of social insurance programs in Germany, France, and Great

Britain for almost a half century, but in this country it was not

until 1910 that compulsory insurance against industrial accidents

began to be effective. Since 1910, however, the movement has grown

rapidly, and at the present time the majority of the states provide

for compensation to workmen for accidents sustained in connection with

their work. Formerly our courts quite generally held that when a

workman could be shown to have suffered an accident because of

"personal negligence," the injured person was not entitled to

compensation. Under the accident insurance laws of most states it is

now held, however, that the personal negligence of the injured workman

does not forfeit his right to receive compensation.

In most states the cost of accident insurance is borne primarily by

the employer.

211. INSURANCE AGAINST SICKNESS. [Footnote: Sometimes known as health

insurance.]--Compulsory sickness insurance has been highly developed

in several European countries, but so far we have left insurance of

this type to private effort. The question is attracting considerable

attention in this country, however, and it is believed that this form

of social insurance will soon be provided for by state law. In 1914

the American Association for Labor Legislation outlined a model

sickness insurance law. Such a law would provide a sickness benefit

for a number of weeks, arrange for medical care, and, in case of

death, pay a funeral benefit. The cost of such insurance would be

divided equally between workmen and employer, while the state would

bear the cost of administering the law. This cost would be

considerable, because illness may be feigned, and hence there would

have to be more careful supervision than in the case of accident

insurance.

212. INSURANCE AGAINST OLD AGE.--Compulsory insurance against old age

is an important feature of social insurance systems in European

countries, but it is very little known in the United States. We are

familiar with the Federal pensioning of military veterans, and with

local pensions for firemen and policemen, as well as with state and

local pensions for teachers. Such insurance does not, however, touch

the question of aged employees in industrial pursuits. Trade unions

sometimes provide a measure of old age insurance for their members,

but the proportion of workmen affected by this practice is very small.

In 1920, a beginning toward compulsory old age insurance was made,

when a Federal law provided for compulsory old age insurance for the

civil service employees of the Federal government. The question of

compulsory old age insurance is also being agitated in a number of

states.

213. SHOULD SOCIAL INSURANCE EXTEND TO UNEMPLOYMENT?--It is contended

by many that to insure workmen against the loss of their jobs would

encourage shiftlessness, and that for this reason the principle of

social insurance ought not to apply to unemployment.

It is obvious that a considerable share of unemployment is traceable

to personal negligence, and it is probably true that insurance against

unemployment would discourage thrift and foresight on the part of many

workmen. On the other hand, it has been shown statistically that a

large share of unemployment is due to crop failures, market

fluctuations, and other conditions beyond the control of the workmen.

In so far as this is true, there would be a great deal of unemployment

whether it were insured against or not. Because, therefore, some

unemployment is inevitable, and because unemployment is in many cases

beyond the control of the individual, it becomes necessary, or at

least desirable, for the state to insure workmen against this

unavoidable risk.

Insurance against unemployment has never been tried out in this

country, but it is likely that we shall some day follow the example of

the leading European countries, and include this type of protection in

our general program of social insurance.

214. OBSTACLES TO LABOR LEGISLATION.--Labor legislation of the type

discussed in this chapter is making rapid headway in the United

States. Nevertheless, it should be noted that in this field we are

behind the more advanced countries of western Europe. The chief

explanation of this relative backwardness is that the extension of

labor legislation in this country has met with considerable

opposition. The reasons for this opposition may be summed up as

follows:

First, the spirit of individualism is so strong in this country as

effectively to check legislation which appears paternalistic. The weak

position of women and children in industry has somewhat lessened the

force of this argument in the case of laws designed to safeguard these

two groups, but labor legislation in behalf of men is still regarded

suspiciously in many quarters.

Second, it is difficult to secure uniform laws among the several

states. Labor legislation in this country has been primarily a state

concern, but the attitude of the various states toward social

insurance, the minimum wage, and other types of labor legislation, has

been so divergent that the resulting laws have often been conflicting.

In many cases states fear to enact laws which they believe will hamper

local employers and encourage the migration of capital to states which

are more lenient in this regard.

Third, an important obstacle to labor legislation in the United States

has been the difficulty of enacting laws which the courts will not

declare unconstitutional. The constitutional provision [Footnote: See

the fifth amendment to the Federal Constitution, Appendix.] that no

one shall be deprived of life, liberty, or property without due

process of law has often been interpreted by the courts in such a way

as to nullify laws designed to safeguard the interests of the working

classes. For example, a law restricting the employment of women might

be declared unconstitutional on the grounds that it interferes with

the "liberty" of women to work as many hours, and for as small a wage,

as they choose.

Within the last decade, however, the obstacle of constitutionality

appears to have declined in importance. Our Supreme Courts often

reverse their own decisions, as well as negative the decisions of the

lower courts, and it is therefore difficult to ascertain what is truly

the trend of judicial decision. Nevertheless, many authorities believe

that we are on the verge of an era in which the courts will weigh

labor legislation primarily in the light of its social benefit, and

only secondarily with respect to how it squares with the

technicalities of the Constitution.

QUESTIONS ON THE TEXT

1. What three questions are discussed in this chapter?

2. What is the extent of child labor in the United States?

3. What are some of the causes of child labor?

4. What are the chief results of child labor?

5. Discuss Federal legislation with respect to child labor.

6. Outline the minimum provisions of a good child labor law.

7. Why do women generally get lower wages than men?

8. What is meant by the minimum wage?

9. What are the chief arguments in favor of the minimum wage?

10. Give the chief arguments against it.

11. What is meant by social insurance?

12. Discuss the four forms of social insurance. Which have been

applied in this country?

13. What are the three great obstacles to labor legislation in this

country? Which of these appears to you to be the most important? Which

appears to you to be the easiest to overcome?

REQUIRED READINGS

1. Williamson, _Readings in American Democracy_, chapter xix. Or all

of the following:

2. Burch and Patterson, _American Social Problems_, chapter xiv.

3. Ely, _Outlines of Economics_, chapter xxviii.

4. Fetter, _Modern Economic Problems_, chapter xxiii.

5. Taussig, _Principles of Economics_, Vol. ii, chapter viii.

QUESTIONS ON THE REQUIRED READINGS

1. Why is child labor not always the cheapest labor? (Burch and

Patterson, page 172.)

2. What is the sweat shop system? (Burch and Patterson, page 174.)

3. What are the chief occupations in which women are found? (Burch and

Patterson, page 175.)

4. What is meant by the "dangerous trades"? (Burch and Patterson,

pages 176-177.)

5. What is the extent of railway accidents in this country? (Burch and

Patterson, pages 178-179.)

6. What are the main causes of irregular earnings? (Taussig, page

323.)

7. What form of social insurance was first developed in this country?

(Ely, page 588.)

8. Outline the British Workmen's Compensation Act. (Taussig, page

325.)

9. What are the main features of the German system of old age

insurance? (Taussig, page 331.)

10. What difficulties are encountered in insuring workmen against

unemployment? (Taussig, pages 337-340.)

11. What is the "contributory principle" in social insurance? (Fetter,

pages 363-364.)

12. What are the chief objections to social insurance? (Ely, pages

593-594.)

TOPICS FOR INVESTIGATION AND REPORT

1. The extent of child labor in your state.

2. Control of child labor by the laws of your state.

3. The difficulties of enacting child labor legislation to cover the

employment of children in agriculture. Interview some one familiar

with farming conditions for data on this topic.

4. Relation of child labor to the administration of the school

attendance laws in your community.

5. Extent to which women are employed in industrial establishments in

your community or state.

6. Interview a friendly employer on the relative desirability of men

and women employees.

7. The status of the minimum wage in your state.

8. Social insurance in your state.

9. Interview the officials of a trade union concerning the payment of

sickness insurance by the union.

10. The emergency treatment of injured workmen in a near-by mill or

factory. Compare this treatment with the treatment outlined in the

references which are appended to Topic 21.

II.

11. Causes of child labor. (Mangold, _Problems of Child Welfare,_ part

iv, chapter i.)

12. Effects of child labor. (Mangold, _Problems of Child Welfare,_

part iv, chapter iii.)

13. Women in industry. (Select some phase of this problem for report.

Consult Butler, _Women and the Trades;_ MacLean, _Women _Workers and

Society_; Kelley, _Some Ethical Gains through Legislation; Annals,_

vol. lxv; Abbot, _Women in Industry,_ and similar works.)

14. Relation of home conditions to industrial efficiency. (_Annals,_

vol. lxv, pages 277-288.)

15. Industrial efficiency of women compared with that of men. (Lee,

_The Human Machine and Industrial Efficiency,_ chapter x.)

16. Housing the unskilled worker. (Wood, The _Housing of the Unskilled

Wage-earner._)

17. Work of the National Housing Association. (Write to the

association office in Washington, D. C., for descriptive literature.)

18. Summary of Irving Fisher's report on national vitality. (_Bulletin

of the Committee of One Hundred on National Health,_ etc., prepared

for the National Conservation Commission, by Irving Fisher,

Washington, 1909.)

19. Preventable diseases. (Hutchinson, _Preventable Diseases._)

20. Occupational diseases. (Oliver, _Diseases of Occupation._)

21. How to act in case of an accident. (Gulick, _Emergencies; Tolman,

Hygiene for the Worker,_ chapter xvi.)

22. The right to leisure time. (Kelley, _Some Ethical Gains through

Legislation,_ chapters in and iv.)

23. Legal status of workmen's compensation. (_Annals_, vol. xxxviii,

No. i, pages 117-168.)

24. Health insurance. (Rubinow, _Standards of Health Insurance_,

chapters iii and iv.)

25. The police power. (Guitteau, _Government and Politics in the

United States_, chapter xii.)

FOR CLASSROOM DISCUSSION

26. The minimum wage for men.

27. Should old age and sickness insurance be made a feature of the

social insurance program of your state?

28. Should pensions be paid out of public funds to mothers having

dependent children?

29. Should labor legislation be enacted primarily by the Federal or by

the state governments?

CHAPTER XX

IMMIGRATION AND ASSIMILATION

215. RACIAL ELEMENTS IN OUR POPULATION.--The Federal census of 1920

gave the population of continental United States as 105,710,620.

Approximately nine tenths of this population is white, while about one

tenth is negro. Those who are neither white nor negro, namely,

American Indians and Asiatics, together constitute less than one half

of one per cent of the population.

The great majority of our people are either European immigrants, or

the descendants of European immigrants who came to this country within

the last century and a half. With reference to European immigration we

distinguish three groups: the foreign-born, the native-born children

of the foreign-born, and natives. Natives include those whose

ancestors have been in this country two or more generations. On the

basis of this classification, about one seventh of our population is

foreign-born while over one third is either foreign-born or the

native-born children of foreign-born parents.

The ease with which immigrants have adapted themselves to American

life prevents any accurate classification of nationalities in our

population, but probably Great Britain and Ireland, Germany, Italy,

Russia, (including Poland), and Austria-Hungary have, in the order

named, contributed the largest numbers.

216. THE "OLD" IMMIGRATION.--European immigration to the United States

may be divided into two groups, the "old" and the "new." The "old"

immigration extended from the beginning of our national history to

about the year 1880, and was derived chiefly from Great Britain and

Ireland, Germany, and the Scandinavian countries. Between 1820 (the

first year for which we have accurate records) and 1880, about nine

tenths of our immigrants came from these countries.

The striking features of the "old" immigration should be noted. In

comparison with present-day immigration, it was relatively small in

volume. In view of the abundance here of free land, and our consequent

need for pioneers, the small volume of immigration prevented the rise

of any serious problem. Moreover, the "old" immigration was largely

made up of individuals who were similar to the original American

colonists in political ideals, social training, and economic

background. The "old" immigration therefore merged with the native

stock fairly easily and rapidly.

217. THE "OLD" GIVES WAY TO THE "NEW" IMMIGRATION.--In the period

centering about the year 1880 there was a distinct shift in the

immigration movement. Whereas before 1880 most of our immigrants had

been Anglo-Saxons and Teutons from northern Europe, after 1880 the

majority of our immigrants were members of the Mediterranean and

Slavic races from southern and southeastern Europe. Before 1880 about

nine tenths of the aliens coming to our shores were from northern

Europe and only one tenth were from southern and southeastern Europe.

In the period since 1880, less than one fourth of our immigrants have

come from northern Europe, while more than three fourths have been

derived from southern and southeastern Europe. The bulk of this new

immigration has come from Russia, Poland, Austria-Hungary, Greece,

Turkey, Italy, and the Balkan countries.

218. INCREASING VOLUME OF IMMIGRATION.--Since it is in connection with

the "new" immigration that the modern immigration problem arises, it

will be profitable to inquire more fully into the character of the

movement after about 1880.

Not only has the character of immigration changed since the eighties,

but the volume of immigration has steadily increased. Of approximately

35,000,000 immigrants who have come to our shores since 1800, more

than half have come within the last thirty-five years. The peak of

immigration was reached in the decade preceding the World War, when as

many as a million and a quarter of immigrants landed in this country

in a single year. This heavy flow was interrupted by the World War,

but after the signing of the armistice in the fall of 1918, a heavy

immigration again set in. [Footnote: Various classes of immigrants

are excluded from the United States by the immigration laws summarized

in section 223 of this chapter. In addition to these laws, which may

be said to constitute the basis of our permanent immigration policy,

President Harding signed, in May, 1921, a bill relative to the

temporary exclusion of aliens who would ordinarily be admissible. This

temporary exclusion act provided that between July 1, 1921, and June

30, 1922, the number of immigrants entering the United States from any

other country might not exceed three per cent of the former immigrants

from that country who were within the bounds of the United States at

the time of the last census.]

219. DISTRIBUTION OF THE "NEW" IMMIGRATION.--One of the most

significant facts in connection with the immigration problem is that

our immigrant population is unequally distributed. About two thirds of

the immigrants in this country are in the North Atlantic division;

about a quarter of them are located in the North Central division;

while less than one tenth are located in the western and southern

sections of the country combined. Three fourths of our foreign-born

live in the cities of the North Atlantic and North Central divisions.

Forty per cent of the present population of New York City is foreign

born, while in Boston and Chicago more than a third of the population

is foreign born. In the smaller manufacturing cities of the North

Atlantic division it often happens that from half to four fifths of

the population is foreign born.

220. ECONOMIC EFFECTS OF IMMIGRATION.--In the earlier part of our

national history free land was abundant and immigration relatively

small in volume; after the eighties free land disappeared and

immigration increased rapidly. It was toward the end of the nineteenth

century, therefore, that the economic aspect of the immigration

problem became acute. In the last decades of that century

manufacturing developed rapidly, and American cities became important

centers of population. Large numbers of immigrants were attracted by

the opportunities for employment in urban centers. An addition to this

factor, immigrants continued to concentrate in the cities, partly

because of the spirit of clannishness, partly because of the

disappearance of free land, and partly because the development of

agricultural machinery reduced the demand for agricultural laborers.

Still another influence was the fact that the unfamiliar American farm

was less attractive to the southern European immigrant than was the

opportunity of performing unskilled labor in the city. To-day four

fifths of our immigrants are unskilled laborers who are employed

chiefly in mining, construction work, transportation, and domestic

service.

From the economic standpoint, the chief objection to unrestricted

immigration is that it prevents the wages of American workmen from

rising as rapidly as would otherwise be the case. The newly arrived

immigrant usually has a lower standard of living than has the native

American; that is to say, the immigrant is content with less in the

way of food, clothing, house room and education than is the native.

When newly arrived immigrants come into competition with native

workmen, the immigrant generally offers to work for a lower wage than

the native. But though relatively low, this wage is so much higher

than the newly arrived immigrant has been used to, that he feels

justified in marrying early and rearing a large family. This adds to

the supply of unskilled labor.

In order to compete with the recent immigrant, the native must accept

relatively low wages. In order to get along on these relatively low

wages, the native must either lower his standard of living or postpone

marriage. Sometimes he has lowered his standard of living; sometimes

he has preferred to retain his relatively high standard of living, and

to get along on the decreased wage either by postponing marriage, or

by permanently abandoning his plans for a normal family life. It is

contended, therefore, that an oversupply of unskilled immigrant labor

in this country has had at least two injurious results. First, it has

kept the standard of living of American workmen from rising as rapidly

as would otherwise have been possible. Second, it has caused the birth

rate to decline among the native groups.

221. SOCIAL EFFECTS OF IMMIGRATION.--The tendency of immigrants to

concentrate in American cities gives rise to a number of serious

social problems. Urban congestion is unqualifiedly bad. It is

difficult or impossible for immigrants living in crowded quarters to

maintain proper health standards. Nor does overcrowding conduce to

healthy morals. The foreign born do not show an unusual tendency

toward crime, which is remarkable when we consider the immigrant's

ignorance of our laws, as well as the ease with which unscrupulous

persons exploit him. On the other hand, the children of the foreign

born often show a strong tendency toward crime and vice, a fact which

is attributed to the bad social conditions surrounding their homes.

The percentage of dependency among immigrants is rather high. This is

not surprising, however, for many immigrants must go through an

adjustment period in which lack of financial reserves is likely to

force them to call upon charitable agencies for temporary aid.

222. DIFFICULTY OF ASSIMILATING THE "NEW" IMMIGRATION.--Those who made

up the "old" immigration assimilated rapidly: they were relatively

like the native stock in manners and customs, the volume of

immigration was relatively small, and the newcomers spread out into

frontier communities where habitual contact with natives was

unavoidable.

Those who make up the "new" immigration have assimilated less rapidly:

they are relatively unlike the native stock in language, race, and

customs; the volume of immigration is very great; and rather than

being uniformly distributed, the "new" immigrants tend to concentrate

in cities where they are often little subject to contact with natives.

Members of foreign "colonies" not only tend to remain ignorant of

American life, but unfamiliarity with self-government encourages their

exploitation by political "bosses." It is admitted by the most careful

students that the lack of proper civic ideals among unassimilated

foreigners in American cities is a large element in the corruption of

our municipal governments.

223. RESTRICTIVE LEGISLATION.--Exclusive control of immigration is

vested in the Federal government. During the Civil War Congress

actually encouraged immigration, but since 1882 our policy has been

one of restriction. In the latter year the first general immigration

act was passed, though considerable legislation on the subject was

already on the statute books. Supplementary laws were enacted from

time to time, the most important piece of legislation since 1900 being

the Immigration Act of 1917. A brief summary of this and previous acts

will serve to show the nature and extent of Federal control over

immigration.

The chief aim of our immigration laws has been so to restrict

immigration as to protect us against undesirable persons. In the

interest of health, persons afflicted with contagious diseases, such

as tuberculosis, and trachoma,--a virulent eye disease,--are excluded.

Certain persons whose character is clearly immoral are excluded.

Polygamists are excluded. The Act of 1917 excludes anarchists, and

likewise bars from our shores all criminals, except those who have

committed political offenses not recognized by the United States. In

order to reduce unnecessary tax burdens, as well as to safeguard

community health, we also exclude insane persons, idiots, epileptics,

beggars, and other persons likely to become public charges. Contract

laborers are specifically excluded, the Act of 1917 using the term

"contract labor" to include anyone "induced, assisted, encouraged, or

solicited" to come to this country "by any kind of promise or

agreement, express or implied, true or false, to find employment."

Persons over sixteen years of age are excluded from the United States

if they cannot read English or some other language. [Footnote: Certain

near relatives of admissible aliens, purely political offenders, and

persons seeking refuge from religious persecution, are exempted from

this literacy test, however.]

The bars against Asiatics call for a special word.

224. ASIATIC IMMIGRATION.--By Asiatic immigration is here meant

Chinese and Japanese immigration, immigrants from other parts of Asia

being relatively unimportant.

The discovery of gold in California in 1849 caused a large number of

Chinese coolies to migrate to this country. This immigration grew

steadily until 1882, in which year the entrance of Chinese laborers

into the United States was forbidden. Our exclusion policy has been

repeatedly reaffirmed, as the result of which there are to-day fewer

than 70,000 Chinese in this country. The majority of these are found

on the Pacific Coast, engaged as small tradesmen, truck farmers, or

personal servants.

Japanese immigration to this country did not become noticeable until

about 1900. After that date, however, the volume of Japanese

immigration so alarmed the Pacific Coast states that a Japanese

exclusion policy was formulated as early as 1907. At present the only

classes of Japanese that are allowed to reside in this country

permanently are "former residents," "parents, wives or children of

residents," or "settled agriculturists," the latter being Japanese

already in possession of land here. There are at present fewer than

120,000 Japanese in this country. Most of them are found on the

Pacific Coast, engaged in occupations similar to those of the Chinese

in the same area. [Footnote: Chinese and Japanese students desiring to

study in this country are allowed to enter the United States by

special arrangement.]

Those most familiar with the situation are practically unanimous in

declaring for the continued exclusion of Chinese and Japanese

immigrants. In the case of both races, the standard of living is so

much lower than that of native Americans that open competition between

the newly arrived Asiatic and the native American would result in the

latter being driven from the labor market. The most important social

reason for the exclusion of these two races is that the differences of

race and religion existing between Asiatics and native Americans

render assimilation of the Chinese and Japanese extremely difficult,

if not impossible.

225. THE FUTURE OF IMMIGRATION.--A half century ago the belief was

current that an immigration policy was unnecessary, since the sources

of immigration would eventually dry up. The sources of the "old"

immigration have dried up somewhat, but new sources have been opened

up in southern and southeastern Europe. Immigration is a pressing

social problem, and it is likely that it will be even more pressing in

the future. The American frontier has disappeared and our boundaries

are fixed. Urbanization is proceeding at a rapid rate, industry is

becoming more complex, public opinion is more insistent that such

social problems as immigration shall be solved.

226. WHAT SHALL BE OUR ATTITUDE TOWARD IMMIGRATION?--There is no good

reason why immigration should be absolutely prohibited. On the other

hand, the most public-spirited students of the question believe that

the careful restriction of immigration is imperative. Clearly, it is

our duty to accept only such immigrants as show promise of becoming

capable and efficient American citizens. It is also clearly our duty

to accept even this type of immigrant only in such numbers as we can

conveniently assimilate. We must not be selfish with America, but we

should not be misled by the statement that anyone in Europe has a

"right" to make his home in this country. Those who come to this

country are personally benefited, no doubt, but unrestricted

immigration may lower the tone of American life and permanently injure

our social and political institutions. America is for the present

generation, but is also for posterity. The millions of unborn have as

much right to be considered as have the millions now clamoring at our

gates. For this reason, the "right" of an individual to migrate to

America must be interpreted in the light of what he will mean to the

future of this country.

227. HELPING THE IMMIGRANT IN HIS NEW HOME.--The readjustment,

assimilation, or "Americanization" of the immigrant is a problem of

vital importance. The term "Americanization" is variously interpreted,

and must be used with care. Americanization ought not to force the

immigrant to give up his native tongue, or his old-country customs. It

ought to be a mutually helpful process, whereby native Americans would

help the immigrant in adjusting himself to his new environment, while,

in turn, the immigrant would be permitted and encouraged to make his

own contribution to American life. Since the immigrant has little or

no opportunity to contribute to American life until he has become

adjusted to his new home, it follows that the most fundamental part of

an Americanization program is one of helping the immigrant solve his

problems.

In carrying out this part of the Americanization program it is

essential that the newly arrived alien be protected against

unscrupulous persons who seek to exploit him. Adequate laws ought to

be supplemented by the work of immigrant aid societies and other

private organizations whose duty it would be to protect immigrants

against dishonest boarding houses, swindlers, unreliable banks, and

other forms of imposition. Friendly help of this type will do much

toward encouraging and inspiring the alien in his new life.

Improvement in the immigrant's economic status is an important part of

an Americanization program. Not only does the undue concentration of

immigrants in cities spell ill-health and a great temptation to crime

and vice, but immigrant laborers sometimes secure lower wages in

cities than they would receive in the more sparsely settled parts of

the country. Of considerable interest, therefore, is the recent

development of plans for redistributing immigrants into the rural and

sparsely populated districts. [Footnote: The movement to transfer

immigrants to the rural districts is not unqualifiedly good; indeed,

it may do more harm than good. For the dangers of this movement, see

Chapter XXV.] Since 1907 the Division of Information in the Bureau of

Labor Statistics has done valuable work in finding employment for

immigrants in rural districts. Much remains to be done, however.

The school, of course, is an important agent of Americanization.

Whether or not the immigrant retains his old-country language, he

ought to learn to speak, read and write English. The school is

likewise an important means of instructing the newcomers and their

children in the essentials of American history and government. Where

the school is being used as a real community center, the institution

becomes truly a method of introducing the foreign-born to the everyday

activities of American life. The increasing emphasis upon the racial

traits of different immigrant groups, with a view to encouraging

unique contributions to the culture of the community, deserves special

notice.

Americanization measures of the type touched upon in this section help

to build the nation on a sound foundation of friendly and intelligent

co÷peration.

QUESTIONS ON THE TEXT

1. What proportion of our population is foreign-born? What proportion

is native?

2. Distinguish between the "old" and the "new" immigration.

3. Describe the increasing volume of immigration.

4. Outline the distribution of immigrants in this country.

5. What are the economic effects of immigration?

6. Explain the relation of immigration to the wages and standard of

living of American workmen.

7. What are the social effects of immigration?

8. What factors impede the assimilation of the "new" immigrants?

9. What classes of aliens are excluded from this country? What is

"contract labor"?

10. What is the nature of Asiatic immigration? Why are Asiatics

excluded?

11. Does it seem likely that the immigration problem will be more or

less acute in the future? Why?

12. What should be our attitude toward immigration?

13. What is the chief aim of a good Americanization program?

REQUIRED READINGS

1. Williamson, _Readings in American Democracy_, chapter xx.

Or all of the following:

2. _Annals_ of the American Academy of Political and Social Science,

vol. xciii, pages 134-138, 156-161.

3. Burch and Patterson, _American Social Problems_, chapters ix and x.

4. Ellwood, _Sociology and Modern Social Problems_, chapter x.

5. Roberts, _The Problem of Americanization_, chapters iii and iv.

QUESTIONS ON THE REQUIRED READINGS

1. Define a foreigner. (_Annals_, page 135.)

2. What is Professor Walker's theory of immigration? (Burch and

Patterson, pages 95-96.)

3. Compare the "old" and the "new" immigration in 1882. (Ellwood, page

217.)

4. Compare the "old" and the "new" immigration in 1907. (Ellwood, page

218.)

5. What are the three most important groups of immigrants at the

present time? (Burch and Patterson, pages 108-111.)

6. What is the extent of illiteracy among the immigrant population?

(Burch and Patterson, pages 115-116.)

7. Discuss the occupational distribution of immigrants. (Ellwood,

pages 223-224.)

8. What is the "racial" argument against unrestricted immigration?

(Ellwood, pages 234-235.)

9. How can the average citizen help in the Americanization movement?

(Roberts, pages 45-47.)

10. Why should the Americanization worker make himself familiar with

the condition under which the immigrant works? (Roberts, pages 48-53.)

11. What is the significance of the club life of immigrant groups?

(Roberts, pages 57-61.)

12. What is the importance of the "advisory council" in

Americanization work? (Roberts, pages 86-87.)

TOPICS FOR INVESTIGATION AND REPORT

1. Classify the residents of your community according as they are (a)

Foreign born (b) Native-born children of foreign-born parents, or (c)

Natives.

2. Study your community with the aim of determining whether or not the

character of its immigrant class has changed within the last twenty-

five years.

3. Classify the immigrant groups of your community on the basis of

occupation. Notice in particular the proportion of immigrants engaged

in agriculture and in the trained professions.

4. Make a visit to a near-by foreign colony, and report to the class

upon your observations.

5. Interview the officials of a trade union on the effect of

Unrestricted immigration upon wages.

6. Draw up a workable plan for the redistribution of immigrants in

your state.

7. Draw up a plan for an Americanization survey in your state. (Write

to the Bureau of Education in the U. S. Department of the Interior,

for Bulletin, 1919, No. 77, on State Americanization.)

8. Race elements in the population of the American colonies. (Commons,

_Races and Immigrants in America_, chapter ii.)

9. History of immigration to the United States. (Any standard text on

immigration.)

10. The journey to America. (Abbot, _The Immigrant and the Community_,

chapter i; Steiner, _On the trail of the Immigrant_; Antin, _They Who

Knock at Our Gates_. See also Miss Antin's _The Promised Land_.)

11. Assisted immigration. (R. Mayo Smith, _Emigration and

Immigration_, chapter ix.)

12. Geographical distribution of immigration. (Semple, _American

History and its Geographic Conditions_, chapter xv.)

13. Economic aspects of immigration. (Consult any standard text on

immigration.)

14. "Birds of passage." (Consult any standard text on immigration.)

15. Immigration and the trade unions. (Carlton, _History and Problems

of Organized Labor_, chapter xi. See also any standard text on

immigration.)

16. Social aspects of immigration. (Consult any standard text on

immigration.)

17. Political aspects of immigration. (Consult any standard text on

immigration.)

18. Chinese immigration. (Coolidge, _Chinese Immigration_; Hall,

_Immigration_, chapter xv; Jenks and Lauck, _The Immigration Problem_,

pages 231-237; _Annals_, vol. xciii, pages 7-13; Gulick, _American

Democracy and Asiatic Citizenship_.)

19. Japanese immigration. (_Annals_, vol. xciii, part i; Jenks and

Lauck, _The Immigration Problem_, pages 241-252; Steiner, _The

Japanese Invasion_; Gulick, _American Democracy and Asiatic

Citizenship_.)

20. Americanization. (_Annals_, vol. xciii, part in; Woods, _Americans

in Process_; Steiner, _From Alien to Citizen_; Bogardus, _Essentials

of Americanization_; Roberts, _The Problem of Americanization_)

FOR CLASSROOM DISCUSSION

21. Is assisted immigration an evil?

22. Can immigrants be redistributed effectively by governmental

agencies?

23. Should we retain the literacy test as part of our immigration

policy?

24. At the present time many aliens journey across the Atlantic only

to find that, for various reasons, they cannot be admitted to this

country. How might the resulting disappointment and loss of time and

money be avoided?

CHAPTER XXI

CRIME AND CORRECTION

228. THE NATURE OF CRIME.--A crime is an act which is punishable by

law because it is considered injurious to the community. If the

average man were a hermit, living entirely alone, his actions would

affect only himself, and he would be subjected to little or no control

by any community. But the average man is a member of a highly

civilized community, and what he does, or what he fails to do, often

profoundly affects other individuals. Members of the community

therefore agree upon standards of conduct, to which individuals must

conform. [Footnote: Where democracy does not exist, or is only

partially developed, laws may be imposed upon the group from without.

In such a country as the United States, however, legal standards of

conduct are preeminently the result of mutual agreements, freely

entered into.] It is the failure to conform to these standards which

constitutes a crime, and which entails punishment by law.

What constitutes a crime depends, of course, upon the level of

civilization reached by a community, and upon the interpretation which

it places upon right conduct. A deed considered heroic in one age may

be considered a crime in a later century. In the days of chivalry, for

example, it was sometimes considered heroic to rob or even kill wicked

nobles in order to distribute their wealth to the poor. At the present

time, of course, such acts would constitute a crime.

229. THE CAUSES OF CRIME.--The causes of crime are so various and so

complex that their accurate classification is impossible. But some

light may be thrown upon the subject if we think of crime as

influenced by economic, social, personal, and political factors.

Looking at crime from an economic point of view, it is obvious that

poverty often accompanies crime. In many cases, it is claimed, such

crimes as larceny, forgery, and robbery are directly traceable to

poverty. Similarly, it is said that unemployment and industrial

accidents may incite individuals to crime. Many authorities claim,

however, that while bad economic conditions accompany and often

encourage crime, such conditions alone are not a direct cause of

crime. According to this latter view, poverty, for example, will not

cause a person to commit a crime unless he is feeble-minded, depraved

in morals, or otherwise defective in character.

While there is a good deal of dispute as to whether or not poverty is

a direct cause of crime, it is quite generally agreed that a bad

economic situation gives rise to social conditions which can be

definitely connected with criminality. The strain and artificiality of

urban life, together with the difficulty of obtaining inexpensive and

wholesome recreation in the poorer sections of large cities, has a

close connection with crime. The overcrowding so common in tenement

districts renders difficult or impossible the maintenance of high

moral standards. Where mother or children are habitually employed

outside the home, the young are often denied proper home training.

Divorce, desertion, or the death of the bread-winner may break up the

family and indirectly give rise to illiteracy, vice, and crime.

Often indistinguishable from the social causes are the personal causes

of crime. Where alcoholism or vicious habits are given as the cause of

crime, it may be impossible to say whether social or personal defect

is primarily to blame. Illiteracy, superficially a _personal_ cause of

crime, may often be traced to a bad _social_ environment. Thus an

individual may be illiterate because his parents were unwilling or

unable to send him to school, or because evil companions discouraged

him from study. Such personal causes as mental defect are extremely

important, indeed, many students maintain that bad economic and social

conditions are negligible causes of crime, unless found in connection

with low mentality and a depraved moral sense.

Last among the causes of crime we may consider defects in government.

The laws of a community may be so numerous, or so unwisely worded,

that even responsible individuals violate them without understanding

the nature of their act. After children have committed petty offenses

through carelessness or a sense of mischief, the harshness of the

police may so embitter or antagonize the culprits that their criminal

tendencies are intensified. An important cause of crime is the custom,

still common in many states, of imprisoning young and first offenders

in county jails, where they are allowed to mingle with, and learn

about crime from, hardened and depraved criminals.

230. THE REMEDIES FOR CRIME.--The causes of crime suggest the nature

of its remedies. Wherever bad economic conditions either directly or

indirectly encourage crime, the remedy is, of course, the relief or

abolition of poverty. This problem has already been discussed.

Since bad social conditions are often the result of poverty, any

measures which will lessen poverty will also remove many of the so-

called social causes of crime. Education, the safeguarding of the

home, constructive charity, and similar measures will also help to

remove the social causes of crime. These questions are discussed

elsewhere in this text, and need not be gone into here.

The improvement of economic and social conditions will ultimately help

to eliminate bad heredity, vice, and other of the personal causes of

crime.

With the understanding, then, that the eradication of the economic,

social and personal causes of crime is discussed elsewhere, we may

here confine ourselves to the question of preventing crime by

remedying the defects of government.

231. JUSTICE AS AN IDEAL.--Justice has constituted one of the basic

ideals of the English-speaking peoples since the days of Magna Charta.

"To no one will we sell, and to no one will we refuse or delay, right

or justice," declared that great document. This conception was later

glorified into an ideal which, after having persisted for four

centuries in England, was brought to the New World by the English

colonists. The first ten amendments to the Federal Constitution and

the Bill of Rights contained in the constitutions of the several

states have been called by Lord Bryce "the legitimate children of

Magna Charta." Since the beginning of our history, thus, a great

cornerstone of American democracy has been the concept of sound and

equitable law, impartially and effectively administered.

232. THE DENIAL OF JUSTICE.--Within the last decade we have come to

realize that in many of the criminal courts of this country justice is

an ideal rather than a fact. "The administration of criminal law in

all the states of this Union," said Chief Justice Taft a few years

ago, "is a disgrace to civilization."

Our criminal law is administered unjustly in two ways.

First, it sometimes allows the rich, the cunning, and the powerful

offenders to escape the penalty for their crimes. In many states the

court dockets are so crowded that influential offenders are not

convicted for years, if at all. Rich prisoners may be released on

bail, and consideration of their case so delayed that the evidence

disappears. Public interest is diverted to new cases, and eventually

the case may be quietly dismissed. Mr. Taft points out that we lead

the world in the number of serious crimes which go unpunished. Appeals

are allowed almost as a matter of course, so that in many serious

criminal trials the original verdict is only the beginning of the

case.

Second, the law which often allows the powerful and crafty to avoid

punishment may operate to deny justice to the poor. Ignorant prisoners

are in many cases so bewildered by cumbersome and technical court

procedure that they allow their cases to be disposed of without

adequate protection of their rights. Often they have no one to advise

them as to their constitutional rights and privileges. If they are not

only ignorant but poor, they find themselves unable to employ proper

counsel. The Constitution indeed recognizes the right of an accused

person to have counsel, but in many states if a man is too poor or too

ignorant to secure a lawyer, he is obliged to stand trial without

anyone to represent or advise him. In some states, the court appoints

a lawyer to represent such defendants. Sometimes the assigned counsel

is dishonest, and too often his primary object is to get a fee rather

than to secure justice for his client. Generally the counsel so

appointed is inexperienced, and consequently no match for an able and

experienced prosecuting attorney, whose reputation may depend upon the

number of convictions that he secures.

233. THE REFORM OF CRIMINAL PROCEDURE.--The reform of criminal

procedure is assuming great importance as a problem of American

democracy. In many states there is a demand for a wider and more

energetic use of the Bertillon and finger print systems for the

identification of criminals. Because of the fact that in our large

cities a heavy percentage of crimes are committed without the

subsequent arrest of the culprit, there is a growing demand for the

improvement of our police systems. Our criminal law needs to be

simplified, so that justice may not be delayed by technicalities, long

arguments on the admissibility of evidence, and the abuse of the right

of appeal. Probably a good many of the delays and technicalities of

legal procedure could be avoided if at the trial the judge were to

exercise a greater amount of control over the proceedings.

The reform of criminal procedure has a double aim. First, it aims to

reorganize and perfect criminal procedure so that persons who have

committed an offense will be apprehended and always made to pay the

penalty for their crimes. Toward the achievement of this ideal we have

as yet done very little. We are still woefully behind such a country

as England, where justice is administered with relative rapidity and

sureness. Second, the reform of criminal procedure aims to prevent the

law from bearing with undue weight upon the poor and ignorant. Here we

are making greater progress. Let us notice what is being done to

guarantee justice to persons who are unable adequately to safeguard

their own legal rights.

234. THE LEGAL AID SOCIETY.--A valuable institution is the legal aid

society, which originated in New York City in 1876, and which has

since spread to other parts of the country. Of the forty legal aid

societies now in existence in this country, some of the better known

are located in New York City, Los Angeles, Kansas City, Boston, and

Chicago. The legal aid society is generally a private organization,

created and maintained by public-spirited citizens who believe that

the poor and ignorant ought to be given legal advice free of charge,

or upon the payment of a nominal fee. These societies extend advice on

both civil and criminal matters. The legal aid society helps

materially to secure justice by acquainting the individual with his

legal rights, and by acting as his counsel in court. Such

organizations are especially valuable in safeguarding the rights and

privileges of immigrants in large cities. The total number of persons

helped annually by legal aid societies in the United States is over

100,000.

235. THE PUBLIC DEFENDER.--The Public Defender movement is an

outgrowth of the feeling that it is unfair for the court to assign an

inexperienced and sometimes unreliable lawyer to defend a penniless

prisoner, while the case is prosecuted by a skilful district attorney.

In spite of the presumption that the prisoner is innocent until he is

proved guilty, such practices as this have operated as though the

prisoner were presumed to be guilty.

In 1912 Oklahoma attempted to remedy this evil by appointing a Public

Defender whose duty it should be to aid in the defense of persons

unable to employ counsel. The next year the city of Los Angeles

appointed a Public Defender who, as a sworn public counsel of

experience and integrity, makes it his business to defend poor

prisoners without charge. A few years later, Portland, Oregon, and

Omaha, Nebraska, appointed similar officers. Since 1916 many other

cities, and a few states, have provided for a Public Defender of some

kind, although in many cases the provision is as yet inadequate. In

all cities in which the plan has been given a trial, the Public

Defender has been instrumental in securing justice for the poor, and

in raising the moral tone of the criminal trial. By eliminating much

unnecessary delay from the criminal trial, the Public Defender has

also helped to reduce court expenses.

236. CHANGING IDEALS IN PENOLOGY.--In the early stages of society the

spirit of revenge seems to have been a chief motive in the punishment

of criminals, although the desire to prevent crime must also have been

a factor. With the progress of civilization revenge declined in

importance, and the punishment of the criminal seems to have been

undertaken chiefly for the purpose of preventing future crimes. Long

periods of imprisonment, inhuman punishments, and the frequent use of

the death penalty were characteristic of this attitude toward crime.

Curiously enough, punishments were imposed according to the

seriousness of the crime committed, without regard to the character

and needs of the criminal.

Of recent years the theory of punishment has been still further

modified. In the first place, we have begun to doubt if punishment

always serves a useful purpose. Punishment does not always deter

criminals, and for this reason it is likely that the death penalty and

other cruel and inhuman methods of punishment may be dispensed with,

without a resultant increase in the amount of crime. In the second

place, punishment has taken on a new aim. More and more we are coming

to believe that it should be imposed, not according to the seriousness

of the crime committed, but according as the individual criminal needs

to be punished in order to effect his reformation. This new attitude

is based upon the assumption that the criminal is a person who is not

adapted to the conditions of modern life, and that the chief aim of

the authorities should be so to reform him that he will become a

useful member of society. In case reform seems impossible, the

criminal should be segregated in an institution.

237. INDIVIDUALIZED TREATMENT OF OFFENDERS.--The emphasis now placed

upon reformation has made necessary a new point of view on the part of

the public. We are beginning to make use of a mass of data furnished

by physiology, psychology, and sociology, and on the basis of these

data to subject prisoners to individualized treatment. Instead of

herding all offenders into a single institution such as the county

jail or the penitentiary, we are beginning to inquire, first of all,

whether the prisoner might not be treated most effectively outside

prison walls. For those offenders who seem to require institutional

treatment, we are developing a whole series of institutions, designed

to care for special types of abnormality. Industrial and farm colonies

for petty offenders and occasional criminals, hospitals and colonies

for the mentally defective, industrial schools and reformatories for

certain types of juvenile offenders, and penitentiaries for hardened

offenders, all these are included in the correctional system of the

more progressive states.

238. SUBSTITUTES FOR IMPRISONMENT.--The belief is growing that young

offenders, first offenders, and those committing petty crimes, may

often be corrected without actual imprisonment. Increasingly common is

the probation system, the essence of which is to suspend the sentence

of the court upon certain conditions. The offender is placed in charge

of a court officer who will stand in the relation of friend and

guardian to him, in order to supervise his conduct and to attempt his

reformation. The success of the probation system depends largely upon

the care and judgment with which probation officers control their

charges.

The use of the fine deserves mention. Generally the sentence for a

petty offense is a fine, with imprisonment as an alternative in case

the prisoner is unable to pay the fine. Realizing the corrupting

influence of the jail sentence for first or slight offenders, court

officials in many cities are making the payment of the fine less

difficult. In Buffalo, Indianapolis, Chicago, and other cities it is

customary in some cases to allow the payment of a fine in instalments.

This ultimately secures the fine; it has a disciplinary effect upon

the offender; and it keeps him out of jail.

239. MENTAL DEFECTIVES.--Recent progress in medicine and psychology

has demonstrated that many criminals are mentally defective. Such

persons are not fully responsible for their acts, and nothing is to be

gained by committing them to prison. They need special treatment in

institutions for the insane, the feeble-minded, and the otherwise

defective. In recognition of this fact, the criminal courts of our

larger cities now make extensive use of psychopathic experts. It is

the duty of these experts to determine the mental status of the

prisoner, and, in case he is found to be mentally defective, to

recommend the type of treatment needed.

This is an admirable development, provided care is taken to prevent

the abuse of the insanity plea by influential criminals who, though

normal mentally, seek to evade responsibility for their deliberate

crimes.

240. THE JUVENILE OFFENDER.--It has been proved that a large

percentage of hardened criminals begin their careers by some careless

or mischievous act for which they were severely or unwisely punished.

Formerly, juvenile offenders were treated much as were adult

criminals; more recently we are coming to believe that children ought

not to be committed to penal institutions, but rather should be put on

probation, or sent to correctional institutions of a special type.

Wherever possible, institutional treatment of every kind ought to be

avoided, for the crimes of children are clearly in a different class

from those of the adult. In New York City a few years ago, for

example, half the children brought into court were there because of

the lack of recreation facilities. Petty theft and malicious mischief

are often traceable to bad home influences and the unnatural

surroundings of the city. These circumstances, coupled with the fact

that immature children are often unaware of the seriousness of their

lawless acts, justify the special treatment of the juvenile offender.

241. THE JUVENILE COURT.--The juvenile court has been created to meet

the special needs of the youthful offender. An early institution of

this kind was established in Chicago in 1889. Shortly afterward Denver

established a juvenile court, and since then many other cities have

taken up the idea. In some states county judges are authorized to

suspend the ordinary rules of procedure where the defendant is under

eighteen years of age.

A typical juvenile court provides separate judges and separate

hearings for youthful prisoners. It avoids publicity, investigates the

home life of the youthful offender, and attempts by kindly treatment

to guide him back into a wholesome, honest life. In some cases

delinquent children are sent back to school, in other cases they are

placed on probation, in still other cases special institutional

treatment is provided. Every effort is made to keep juvenile offenders

from associating with habitual criminals. The aim of the court is not

to punish the offender for a particular offense, but to weigh all the

circumstances which have influenced his life, and to correct his wrong

tendencies. Work of this type is preventive in the fullest sense of

the word.

242. THE INDETERMINATE SENTENCE.--The realization that punishment

ought to fit the criminal rather than the crime has led to the

indeterminate sentence. Though not yet widely applied, this reform is

attracting more and more attention. A logical application of the

indeterminate sentence would require prisoners to be committed to

prison, not for a specific term, but for an indefinite period. The

actual length of the prison term would depend upon the prison record

of the individual, and upon the promise that he showed of becoming a

useful and normal citizen if released. According to this plan,

occasional criminals, and persons enticed or forced into wrong-doing,

would be entitled to release (regardless of the character of the

crime) as soon as it became apparent that they would not repeat the

offense. Hardened criminals, on the other hand, might remain in prison

permanently, even though committed for a trifling offense. Certainly

we ought not to continue to commit and to re-commit hardened criminals

for short terms, when their past conduct proves that they have neither

the intention nor the ability to make proper use of their freedom.

243. THE FUNCTION OF THE MODERN PRISON.--In addition to the principle

of the indeterminate sentence, modern penology has approved a whole

series of supplementary measures. The ideal prison of to-day is not a

gloomy dungeon, but a great plant which attempts to turn criminals

into useful citizens through the use of the school, the chapel, the

workshop, the gymnasium, the library, and even the theatre.

Discipline, the fundamental weakness of offenders against the law, is

a cornerstone of prison life. More and more prisons are adopting the

merit system, according to which prisoners are graded and promoted to

additional privileges on the basis of behavior. In many prisons these

privileges may include an "honor system" and "inmate self-government."

The prison attempts to supply the deficiencies in the convict's early

training. Prisoners are taught to take care of their bodies. They are

taught useful trades, according to their abilities. If illiterate they

may go to the prison school. Religious exercises and moral instruction

are employed to develop a sense of moral values.

When consistent good behavior and earnest endeavor in prison duties

indicate that the prisoner is entitled to another chance in the

outside world, he may be paroled, that is to say, he may be released

on certain conditions. Generally prisoners are not paroled until some

person is found who will guarantee them employment. In many states the

work of the parole board is ably supplemented by unofficial prisoners'

aid societies which help the released man to readjust himself to a

free life. After a certain period of satisfactory conduct on parole

the prisoner is entitled to a full and unconditional discharge. The

whole aim of the parole system is to supervise the actions of the

prisoner, without adding to his irritation or humiliation, but with

sufficient strictness to guard him against temptation and to replace

him in prison if he proves unworthy of the trust bestowed upon him.

QUESTIONS ON THE TEXT

1. What is a crime?

2. In what way may bad economic conditions be connected with crime?

3. What are the social causes of crime? What are the personal causes?

4. In what way are defects of government related to crime?

5. Summarize the remedies for crime.

6. Trace the influence of Magna Charta upon our ideal of justice.

7. How does the administration of our criminal law often result in

injustice?

8. Why is it necessary to reform our criminal procedure?

9. What is the nature and function of the legal aid society?

10. What is a Public Defender? How does he help secure justice?

11. Trace the development of the theory of punishment.

12. What is the purpose of the "individualized treatment of

offenders"?

13. What is the function of a probation system?

14. How should mentally defective criminals be treated?

15. Describe the work of the Juvenile Court.

16. Outline the purpose of the indeterminate sentence.

17. What are the chief functions of a modern prison?

REQUIRED READINGS

1. Williamson, _Readings in American Democracy_, chapter xxi.

Or all of the following:

2. Guitteau, _Government and Politics in the United States_, chapter

xiii.

3. Lewis, _The Offender_, part iii, chapter i.

4. Smith, _Justice and the Poor_, pages 105-127.

5. Wines, _Punishment and Reformation_, chapter ii.

QUESTIONS ON THE REQUIRED READINGS

1. Distinguish between crime, vice and sin. (Wines, page 11.)

2. Define criminal law. (Wines, page 12.)

3. What is the distinction between public and private wrongs?

(Guitteau, pages 140-141.)

4. What are the first steps in a criminal action? (Guitteau, pages

142-143.)

5. What is an indictment? (Guitteau, page 143.)

6. Outline the steps in a criminal trial. (Guitteau, pages 144-146.)

7. What is a sumptuary law? (Wines, page 7.)

8. What are the eight distinct protections afforded by our criminal

law? (Smith, page 108.)

9. What is the great defect of these protections? (Smith, page 111.)

10. What can be said as to the future development of the Public

Defender movement? (Smith, page 127.)

11. Is the average age of offenders declining or increasing? (Lewis,

page 254.)

12. What is the relation of the school to crime? (Lewis, pages 262-

270.)

13. What is the relation of recreational facilities to crime? (Lewis,

pages 276-285.)

TOPICS FOR INVESTIGATION AND REPORT

I

1. Make a classification of the criminal courts of your state.

2. The use of psychopathic experts in the criminal courts of your

state.

3. Make a study of a near-by county jail. (Compare data gathered with

Queen, _The Passing of the County Jail_.)

4. The legal aid bureau in your state.

5. The parole system in your state.

6. Classify the correctional institutions in your state. What types of

offenders are sent to each?

7. Interview, or write to, a prison official in your state regarding

the practicability of the indeterminate sentence.

II

8. Criminal law procedure in England. (_Annals_, vol. lii, pages 200-

207; Kaye, _Readings in Civil Government_, pages 328-335.)

9. Criminal law procedure in the United States. (Beard, _American

Government and Politics_, pages 568-577.)

10. Defects in the enforcement of the law. (Reinsch, _Readings on

American State Government_, pages 173-181.)

11. The courts and the criminal. (Osborne, _Society and Prisons_,

chapter ii; Lewis, _The Offender_, part i, chapter iii.)

12. Reform of criminal procedure in the United States. (_Annals_, vol.

lii, pages 102-107.)

13. The county jail. (Queen, _The Passing of the County Jail_.)

14. Crime prevention from the standpoint of the police. (Woods, _Crime

Prevention_; Lewis, _The Offender_, part ii, chapter ii; _Annals_,

vol. lii, pages 56-60.)

15. Overcrowding in its relation to crime. (Riis, _The Battle with the

Slum_; Addams, _The Spirit of Youth and the City Streets_.)

16. Juvenile crime. (Mangold, _Problems of Child Welfare_, Part V.)

17. The Junior Republic. (George, _The Junior Republic_.)

18. The work of Judge Ben Lindsay of Denver. (Consult an

encyclopedia.)

19. The legal aid society. (Smith, _Justice and the Poor_, part iii.)

20. The Public Defender. (Smith, _Justice and the Poor_, pages 105-

130.)

21. Probation and parole. (Lewis, _The Offender_, part i, chapter v.)

22. The Jukes. (Dugdale, _The Jukes_.)

23. The Kallikak family. (Goddard, _The Kallikak Family_.)

24. The criminal theories of Lombroso. (Consult an encyclopedia.)

25. Modern prison systems. (Henderson, _Modern Prison Systems_.

Individual students may be assigned to the study of the prison systems

of particular countries.)

26. Industrial training in prison. (Lewis, _The Offender_, part i,

chapters x and xii; _Annals_, vol. xlvi.)

27. The discharged convict. (Booth, _After Prison, What_?)

FOR CLASSROOM DISCUSSION

28. Is crime increasing in the United States?

29. The practicability of the indeterminate sentence.

30. Should capital punishment be abolished?

31. Advantages and disadvantages of the "honor system" in prison.

CHAPTER XXII

THE NEGRO

244. ORIGIN OF THE AMERICAN NEGRO.--Early in the seventeenth century

the scarcity of labor in the American colonies led to the introduction

of African Negroes as slaves. In response to the demand for slave

labor on the southern plantations, the importation of Negroes

increased steadily during the next century. The slave trade was

nominally abolished in 1808, but Negroes continued to be brought in

until the Civil War period. In September, 1862, President Lincoln

proclaimed abolished both the slave trade and the institution of

slavery in the United States. The legality of this act was

substantiated in 1865 by the Thirteenth Amendment to the Federal

Constitution.

245. RISE OF THE NEGRO PROBLEM.--The Emancipation Proclamation,

followed by the Thirteenth Amendment, conferred freedom upon four

million slaves. In 1868 the Fourteenth Amendment made the freed

Negroes citizens of the United States, and in 1870 the Fifteenth

Amendment enfranchised them. Largely as the result of these measures,

the problem of the slave developed into the present Negro problem. The

racial differences between the white and the Negro, as well as the

demoralizing effects of slavery, promised to render difficult the

adjustment of the Negro to American life. The situation was made more

serious by the suddenness of emancipation, and by the fact that the

vote was extended the Negroes before most of them were ready for it.

The economic, social, and political upheaval effected in the South by

the war, together with the bitterness with which many southern white

men regarded the newly freed Negroes, also contributed to the

difficulty of the situation. Lastly, the Negro became a problem

because of the lack of a national program in his behalf.

246. NUMBERS AND DISTRIBUTION.--In 1920 the Federal census gave

10,463,131 as the Negro population of the United States. According to

these figures the Negro constitutes slightly less than one tenth of

our total population. Eighty-five per cent of the Negroes live in the

South. In Mississippi and South Carolina the Negro exceeds the white

population, while in several other southern states the Negro

constitutes from one fourth to one half of the total population.

About three fourths of our Negroes live in the rural districts. There

is, however, an important migratory movement which operates to

decrease this percentage. There is a growing tendency for southern

Negroes to leave the rural districts and to move cityward. Chiefly

because of the economic attractions of urban life, many rural Negroes

are moving toward the southern city; in search of social equality as

well as greater economic opportunities, many southern Negroes are

migrating to the cities of the North.

247. ADAPTABILITY OF THE NEGRO.--From one important angle,

civilization is the process of getting along with one's environment,

partly by changing that environment, and partly by adapting one's self

to external conditions. An important characteristic of the Negro, not

usually taken into account, is his adaptability. Ours is predominantly

a white man's civilization, and we are accustomed to think of the

Negro as an individual who finds it more or less difficult to fit into

our way of living. And yet one reason for believing that the Negro has

a capacity for modern civilization is that he has survived until the

present time. Compare the Negro in this regard with the American

Indian, who, despite his many noble traits, has fared poorly under the

white man's civilization. The Indians of Cuba, for example, were so

proud and unbending that they died out under the slavery which the

early Spanish imposed upon them; the Negro, because of his

teachableness and his passive strength, not only survived slavery, but

has weathered freedom under very disadvantageous circumstances.

248. PROGRESS SINCE THE CIVIL WAR.--The Negro has made considerable

progress since the Civil War. Many Negroes have become independent

farmers and artisans, owning a considerable amount of property.

Despite the backwardness of Negro schools, great progress has been

made in the matter of decreasing Negro illiteracy. Whereas at the

close of the Civil War some ninety per cent of the Negroes were

illiterate, less than a third of our present Negro population is

illiterate. In art, literature and science the Negro has already made

a tolerable showing. Altogether it is likely that an able and

constructive leadership is being developed among the Negroes.

249. PRESENT ECONOMIC CONDITION.--In spite of the substantial progress

made since the Civil War, however, the present economic condition of

the Negro is unsatisfactory. The great majority of Negroes are

unskilled laborers of a shiftless disposition. Because he is

frequently neither a dependable nor an efficient worker, the average

Negro tends to receive low wages. The Negro is not skilled in

manufacturing or mechanical lines, and he is kept out of the higher

trades and professions by reason of illiteracy and social barriers.

Very often the southern Negro is a tenant farmer, carelessly tilling a

small plot of land and mortgaging his crop in order to secure the bare

necessities of life. Large families, inadequately supported, and

reared under insanitary living conditions, are characteristic of the

southern Negro. The failure to save money, and the inability to

protect themselves against exploitation by unscrupulous white men, are

characteristic weaknesses of many Negroes.

250. PRESENT SOCIAL CONDITION.--Though decreasing steadily, Negro

illiteracy is still high. This is a serious evil. Not only does

illiteracy bar the Negro from the education and training of which he

is in such great need, but it allows unscrupulous persons to swindle

and exploit him. The Negro furnishes an abnormally large proportion of

our prison population. Whether or not this is partly the result of

racial characteristics, it is certain that the bad economic and social

conditions surrounding Negro life lead to a high degree of

criminality. In justice to the Negro it should be noted that in many

communities he is apprehended and convicted more often than is the

white culprit. Acts which would go unpunished or even unnoticed if

committed by white men often arouse the community and lead to severe

punishment when committed by Negroes. Statistics on Negro crime are

also influenced by the fact that the poverty of the Negro often causes

him to go to jail while the white offender escapes with a fine.

A serious evil is race mixture between Negroes and whites. This has

gone on since colonial times, until at the present time probably more

than half of the Negroes in the United States have some degree of

white blood. Such mixtures, while probably not disastrous from the

standpoint of biology, have unfortunate consequences socially.

Generally the mulatto offspring are forced to remain members of the

Negro group, where they are subjected to social surroundings which too

often encourage disease, vice, and degeneracy. The majority of the

states now have laws forbidding marriage between Negroes and whites.

Both white and Negro leaders agree that race mixture ought to be

stopped.

251. PRESENT POLITICAL CONDITION.--The Fifteenth Amendment declared

that "the right of citizens of the United States to vote shall not be

denied or abridged by the United States or by any State on account of

race, color, or previous condition of servitude." Yet in many southern

states the Negro is barred from the polls. In many northern cities

where the Negro is allowed the ballot, his ignorance and

irresponsibility make him the prey of political "bosses" who control

his vote. The question of Negro suffrage will be treated later;

[Footnote: See Chapter XXXIII.] here we may content ourselves with

noting that the Negro's right to vote is often restricted. In the

South, at least, it is also true that the Negro has but little share

either in making the laws or in administering them.

252. URGENT NATURE OF THE NEGRO PROBLEM.--The Negro problem was never

of more pressing importance than it is to-day. Illiteracy is still

perilously high, Negro crime is becoming more serious, and the

cityward tendency of the Negro is increasing his susceptibility to

disease and vice. In spite of prohibitive laws, racial intermixture is

continuing, and the problem of the mixed blood is becoming more and

more acute. Social unrest among the masses of southern Negroes is

increasing. The World War created new aims and aspirations among

thousands of Negroes. New leaders are arising to preach racial

equality for the Negro; old leaders are in many cases becoming more

impatient with the attitude of the white population.

253. HESITANCY IN ATTACKING THE PROBLEM.--The American people have

been singularly backward about grappling with the problem of fitting

ten million Negro citizens into the fabric of American democracy. One

explanation of this backwardness is that until recently many have

believed that the Negro would die out under freedom. This expectation

has not been realized, for while the Negro population is increasing

less rapidly than is the white population, it is nevertheless

increasing. The Negro is not dying out. Nor can he be deported to

Liberia or other colonies, as was often suggested in the last century.

The Negro is here to stay, and his problems must be solved.

254. NEED OF A CONSISTENT PROGRAM.--Many institutions and individuals

have attacked various phases of the Negro problem with courage and

success, but we are in need of a unified and comprehensive program

rather than of a series of unrelated endeavors. Above all what is

needed is not impassioned opinion or cure-all schemes, but rather the

development of a sound and comprehensive program which shall attack

the problem from a number of angles at the same time. Such a program

must have a double end in view: First, the immediate needs of the

Negro must be met; second, we must permit the Negro to be trained

toward a position in which he will be able to play a useful and

honorable role in our national life. Thus the great comprehensive

purpose of this program is to help the Negro adapt himself to American

life, to aid him in fitting in with our economic, social, and

political institutions, and to encourage him to contribute to the

development of American culture to the best of his ability.

255. EDUCATION.--Education is the most important element of any

program designed to help the Negro. Ability to read and write, the

habit of study, training in correct thinking, all are of such basic

value that it is difficult to understand why we have so long neglected

the education of the Negro. We spend three or four times as much for

the education of the white child _per capita_ as for the education of

the Negro child. Negro schools are sparsely distributed; they are

poorly equipped, and they are sadly hampered by lack of competent

teachers. Clearly we must spend vast sums on Negro education, if we

are to expect marked improvement in the Negro's social and economic

condition. We cannot expect the Negro to cease being a problem until

he has been trained in the fundamentals of citizenship. "The

inadequate provision for the education of the Negro," says the

Southern University Race Commission, "is more than an injustice to

him; it is an injury to the white man. The South cannot realize its

destiny if one third of its population is undeveloped and

inefficient."

256. ECONOMIC ADJUSTMENT.--The Negro cannot be expected to become a

thrifty, responsible citizen until he is rendered capable of earning a

decent living at productive work. He must acquire the habit of working

steadily and efficiently under a system of free contract. This

economic readjustment, many students of the Negro problem believe,

will be attained largely through industrial education. We already have

several excellent industrial training schools for Negroes, including

Hampton and Tuskegee. The latter was made famous by Booker T.

Washington, an ex-slave who devoted his life to the economic

readjustment of his people.

A great deal more must be done in this direction. In spite of the

excellent beginnings made at Hampton and Tuskegee, not more than one

per cent of our Negroes have the privilege of industrial education.

More adequate instruction is needed in methods of agriculture and

stock raising, in the various crafts, and in those professions for

which the Negro seems fitted. The South needs labor badly, but she

cannot use her millions of Negroes effectively until they are turned

into competent and dependable workers. The Negro appears to have

little aptitude for mechanical work, or for mill and factory

employment. Diversified agriculture on a small scale seems to be the

most promising industry for him, and one in which he ought

consistently to be encouraged.

257. THE NEED FOR COÍPERATION.--No permanent solution of the Negro's

difficulties can be attained without the friendly co÷peration of all

parties concerned. Most of our Negroes live in the South, but the

Negro is no more a purely southern question than Japanese immigration

is a purely Californian problem. We are one nation, and the problems

of one section are the problems of the whole. The South must not be

left alone, either to neglect the Negro, or to struggle with his

difficulties as best she can. Generous aid must be extended her by the

North, East, and West, before we can expect a solution of the Negro

question.

Furthermore, there must be co÷peration between the leaders of the

Negro and white races, otherwise energy will be wasted and inter-

racial bitterness created. Very promising beginnings in this direction

have recently been made in the South. Nevertheless it is to be

regretted that many leaders, both white and Negro, are still prone to

propose "remedies" for the Negro problem which serve their own

interests, but which show little or no regard for the rights of the

other group, or for the welfare of the nation.

Above all, there must be a firm resolve to work toward a fair

solution, and an earnest desire to be just and humane. Hard and

unpleasant facts cannot be argued away, but at least they can be

treated rationally. No solution can be reached except through law and

order. Neither violence nor deceit can solve this or any other

problem. Race riots and lynchings are proof that those who engage in

them are unfit to carry on the work of American democracy.

258. THE PROMISE OF THE NEGRO.--There is a good deal of discussion as

to whether or not the Negro race is merely backward, or whether it is

an inferior race. Those contending that the Negro is only backward

believe that ultimately he can be fitted into the fabric of American

life; those insisting that he is inferior declare that all attempts to

adapt the Negro to American life will prove unavailing.

Academic discussions of this sort are not to the point. As to whether

or not the Negro is backward or inferior, and as to precisely what

each of these terms implies, there must always be a good deal of

dispute. For practical purposes it is enough to admit that the Negro

cannot now do many of the things which the average white man can do,

and that in so far as this is true, the Negro is less effective as a

citizen.

At the same time, it should be frankly recognized that the Negro has

shown himself capable of substantial progress. It will be more

appropriate to discuss the inferiority of the Negro when he has failed

to react to the most comprehensive, intelligent, and consistent

program which we are able to draw up. This we have not yet done, and

until it is done, we shall have less cause to deny to the Negro a

capacity for civilization than the Negro will have cause to complain

of our unhelpful attitude toward him. So far as we now know, there is

no scientific justification for believing that the masses of American

Negroes cannot ultimately be trained to a useful sphere in American

life.

QUESTIONS ON THE TEXT

1. How were Negroes first introduced into this country?

2. When did the modern Negro problem come into existence?

3. What proportion of our population is Negro?

4. Where are most of our Negroes found?

5. What is meant by saying that the Negro is adaptable?

6. In what particulars has the Negro made substantial progress since

the Civil War?

7. What is the present economic condition of the Negro?

8. Why is the social condition of the Negro unsatisfactory?

9. What can be said as to the present political condition of the

Negro?

10. Why have we delayed the development of a comprehensive plan for

meeting the needs of the Negro?

11. What is the importance of Negro education?

12. Why is the economic readjustment of the Negro important?

13. Discuss the need for co÷peration in meeting the Negro's problems.

14. What is the promise of the American Negro citizen?

REQUIRED READINGS

1. Williamson, _Readings in American Democracy,_ chapter xxii.

Or all of the following:

2. _Annals_ of the American Academy of Political and Social Science,

vol. xlix, "The Negro's Progress in Fifty Years," pages 47-58.

3. Washington, _Tuskegee and its People_, chapter i.

4. Williamson, _Sociology of the American Negro_, chapters xii, xvi,

and xxvii.

QUESTIONS ON THE REQUIRED READINGS

1. Discuss the recent decrease in Negro illiteracy. (Williamson,

chapter xii.)

2. What difficulty is encountered in applying mental tests to Negroes?

(Williamson, chapter xii.)

3. Outline the results of mental tests of the Negro. (Williamson,

chapter xii.)

4. Summarize the chief characteristics of the Negro race. (Williamson,

chapter xvi.)

5. What Negro faults might be turned into virtues? (Williamson,

chapter xvi.)

6. Discuss the role of the mulatto leader. (Williamson, chapter xvi.)

7. What is Tuskegee Institute? (Washington, page 19.)

8. What are the chief aims of Tuskegee Institute? (Washington, page

21.)

9. What was Booker T. Washington's concept of education? (Washington,

pages 28-30.)

10. What progress in Negro education has been made since 1880?

(_Annals_, pages 51-52.)

11. What four forces retard the economic development of the Negro in

the South? (_Annals_, page 55.)

TOPICS FOR INVESTIGATION AND REPORT

II

1. African background of the American Negro. (Williamson, _Sociology

of the American Negro_, part i.)

2. Slavery. (Hart, _Social and Economic Forces in American History_,

chapter xix; Callender, _Selections from the Economic History of the

United States_, pages 768-793; Williamson, _Sociology of the American

Negro_, chapter v.)

3. Gains and losses under slavery. (Williamson, _Sociology of the

American Negro_, chapter xxiv.)

4. The Negro in business. (Atlanta University Publications, No. 4.)

5. The Negro in professional occupations. (_Annals_, vol. xlix, pages

10-18.)

6. The Negro as an unskilled laborer. _Annals_, vol. xlix, pages 19-

28.

7. The Negro as a skilled worker. (Atlanta University Publications,

No. 17.)

8. The system of Negro tenancy. (_Annals_, vol. xlix, pages 38-46.)

9. The Negro in the city. (Wolfe, _Readings in Social Problems_,

chapter xviii; _Annals_, vol. xlix, pages 105-119.)

10. The Negro family. (Atlanta University Publications, No. 13;

Tillinghast, _The Negro in Africa and America_, part iii, chapter iii;

_Annals_, vol. xlix, pages 147-163.)

11. Negro organizations. (_Annals_, vol. xlix, pages 129-137.)

12. The Negro church. (Atlanta University Publications, No. 8;

Tillinghast, _The Negro in Africa and America_, part iii, chapter iii;

Washington, _The Story of the Negro_, vol. ii, chapter xiii.)

13. The mulatto. (Williamson, _Sociology of the American Negro_,

chapters xx, xxi, and xxii.)

14. Race relationships in the South. (_Annals_, vol. xlix, pages 164-

172; Storey, _Problems of To-day_, chapter iii.)

15. Negro education. (_Annals_, vol. xlix, part iv; Wolfe, _Readings

in Social Problems_, pages 769-783; Washington, _The Story of the

Negro_, vol. ii, chapter v; Tillinghast, _The Negro in Africa and

America_, part iii, chapter iv.)

16. The work of Booker T. Washington, (Washington, _Up from Slavery_.

See also an encyclopedia.)

17. Tuskegee Institute. (Washington, _Tuskegee and its People_.)

18. The Negro's part in the development of the South. (_Annals_, vol.

xxxv, pages 124-133; Washington, _The Future of the American Negro_.)

CHAPTER XXIII

THE FAMILY

259. SIGNIFICANCE OF THE FAMILY.--From whatever angle we approach

society, the family is the ultimate unit and basis. The whole fabric

of civilization, whether considered from an economic, a social, or a

political standpoint, depends upon the integrity of the family, and

upon the wholesomeness of the home life centering about the father,

mother, and children. The home is the nursery of our fundamental

institutions: it is the origin of our physical and mental

inheritances; it is the center of our training for private and public

life; it is the moral and religious fount which nourishes the ideals

and beliefs which fashion our lives and mould our character. A nation

built upon decaying homes is bound to perish; a nation composed of

normal prosperous families is in a good way to perpetuate itself. It

is of the very greatest importance, therefore, that we inquire into

the character and tendencies of the American family.

260. THE FAMILY IN THE MIDDLE AGES.--Fully to appreciate the nature of

the modern family we must know something of the family as it existed

in Europe in the Middle Ages.

Unity was the striking characteristic of the medieval family.

Economically it was very nearly self-sufficing, that is to say, most

of the food, clothing, and other necessities consumed by it were

prepared by the family members. Very little in the way of education

and recreation existed beyond the family circle. In religious

activities the family played an important role, family worship under

the leadership of the father being a common domestic function. The

medieval family was stable, partly because legal and religious

authority was concentrated in the hands of the father, partly because

the family members were economically interdependent, and partly

because the social and religious interests of the family members

tended to coincide. Divorce was uncommon, and the children generally

remained in the home until their majority had been attained.

261. THE FAMILY IN MODERN TIMES.--We have already seen that since the

close of the Middle Ages, and especially during the last two

centuries, important economic, social, and political changes have been

going on in civilized society. In common with other social

institutions, the family has been greatly influenced by these changes.

The family which we have described as the medieval type has been

either destroyed or greatly modified, and a new type is being

developed. Probably this new type of family will present substantial

gains over the family of the Middle Ages, nevertheless the period of

transition is fraught with danger. A great problem of American

democracy is to aid in the social readjustment of the family. In order

that we may be competent to aid in this readjustment, let us discover

in what ways the family has been modified by the economic, social, and

political changes referred to above.

262. THE INDUSTRIAL REVOLUTION AND THE FAMILY.--We have examined

somewhat in detail the effect of the Industrial Revolution upon our

economic life; it remains to be pointed out that the same phenomenon

has profoundly affected the character of our most vital social

institution, the family.

Directly or indirectly, the Industrial Revolution has affected family

life among all classes of the population. To some extent capitalism

has given rise to a class of idle rich, living upon the proceeds of

permanent investments, and resorting to extravagance and loose methods

of living in order to occupy their time. This development is doubly

unfortunate. In the first place it renders difficult the maintenance

of normal homes among the idle rich. In the second place, the tendency

of certain types of individuals to imitate and envy the idle rich

encourages false standards and leads to a depraved moral sense.

To those classes which furnish the majority of our professional men,

the complex division of labor has brought a serious danger. So great

is the need of specialized training among these groups that marriage

is often delayed until after the age of thirty. The individual is then

in a better position to support a family, but often his habits are so

firmly fixed that he finds it difficult to adapt himself to family

life.

Even more important, perhaps, have been the effects of the Industrial

Revolution upon the masses of wage earners. Men earning low wages are

often unable to marry, or, if they assume that responsibility, they

are unable properly to support their families. In spite of the fact

that capitalism has greatly increased our material welfare, the

dependence of large numbers of people upon day wages increases the

hazards of family life. Industrial accidents, occupational diseases,

or the interruption of earnings by strikes and unemployment,--any one

of these mishaps may work a hardship upon the wage-earner's family.

Poverty may induce child labor, deprive the family of proper food and

other necessities, and retard the education of the children. Finally

it may so emphasize the elements of strain and worry that parents are

unable to give proper attention to the training of their children.

263. THE FACTORY SYSTEM AND THE HOME.--The Industrial Revolution has

lessened the economic importance of the home. The typical modern

family is no longer self-sufficing, but is dependent upon the factory

system for many commodities formerly prepared within the home circle.

Spinning, weaving, tailoring, shoe-making, soap-making, and other

industries have moved out of the home and into the factory. Even the

preparation of food is increasingly a function of agencies outside the

home. Especially in cities there has been a steady development of

restaurants, delicatessen shops, and factories engaged in the large-

scale preparation of bread, canned soups, and other food products.

There is thus less work to be done in the home than formerly; at the

same time the development of our industrial life has notably increased

the amount of work to be done outside the home. The outcome of these

two complementary forces has been that not only the father, but often

the mother and the half-grown children as well, have been drawn into

industry. As the result of this development, the economic

interdependence of the family has been destroyed, and the way has been

opened to the disintegration of the home. Social contacts between

family members have decreased, while the specialized character of the

individual's daily work has operated to break down the common

interests which family members formerly had outside the home.

264. LACK OF PREPARATION FOR HOME-MAKING.--The factory system has

rendered more difficult the preparation of our boys and girls for

home-making. Where boys go out to work at an early age and are

deprived of home training during the adolescent period, neither father

nor mother has the opportunity properly to acquaint them with the

nature and responsibilities of home-making. Girls very often are

reared without adequate knowledge of cooking, sewing, and other

household arts. This is due, partly to the transfer of many of the

domestic functions to specialists beyond the home, and partly to the

fact that where girls go into industry they spend most of their time

outside the home. In the case of both boys and girls, the decreased

amount of time spent in the home not only prevents proper training by

the parents, but it stresses outside interests which are too often

opposed to domestic ideals. Many parents either allow or encourage

their children to acquire frivolous habits. As the result of all of

these factors, both young men and young women frequently marry without

having been properly prepared for the responsibilities of home-making.

265. DIFFICULTIES OF HOME-MAKING IN CROWDED CITIES.--With the

development of manufacturing, a larger and larger proportion of our

people have made their homes in large cities. To many, city life has

brought increased opportunities for education and recreation,

nevertheless it is difficult to maintain a normal home life in a

crowded city. Urban life is highly artificial Simple and wholesome

amusements are less common than expensive and injurious forms of

recreation. The noise and jar of city life often result in strain and

jaded nerves. The scarcity and high cost of house room is, for many

city dwellers, an unavoidable evil. The poor are cramped into small,

uncomfortable tenements, while even the well-to-do are frequently

found in congested apartment houses. Under such circumstances, the

home often becomes merely a lodging place. Social life is developed

out of, rather than in, the home. For the children of the poor there

is often no yard and no adequate provision for recreation. Among the

rich, conditions are somewhat better, though in fashionable apartment

houses children are frequently objected to by neighboring tenants or

banned by landlords.

266. ECONOMIC INDEPENDENCE OF WOMEN.--Until very recently a married

woman was economically dependent upon her husband. But one of the

effects of the Industrial Revolution has been to make many women

economically independent. Women are entering the industrial field with

great rapidity, and their presence there is now taken as a matter of

course. Many women now avoid marriage, partly because domestic

interests fail to attract them, and partly because they have become

genuinely interested in industry. Where domesticity is the ultimate

aim, many women delay marriage because self-support renders them both

able and desirous of retaining their independence for a considerable

period.

Domestic tranquillity is sometimes disturbed by the fact that wives

were formerly self-supporting girls. In most cases wives are dependent

upon their husbands in money matters, a situation which is apt to

irritate women who were formerly self-supporting. The husband is often

inclined to rate the generalized character of housework as being of

less importance than his own highly specialized work. The wife's

irritation at this may be increased by the fact that often she, too,

believes that her domestic duties are less dignified and less valuable

than her former work.

Not only has the former independence of the wife made her less

tolerant of domestic wrongs and slights, but the realization that she

can support herself, frequently encourages her to seek a divorce. The

temptation to take this step is increased by the fact that public

opinion now rarely frowns upon a divorced woman. This is in striking

contrast to the situation two hundred years ago, when most divorced

women were not only unable to support themselves, but were socially

ostracized.

267. POLITICAL EMANCIPATION OF WOMEN.--Until very recently women have

been legally and politically subordinate to men. As recently as a

century ago women in the leading countries of the world were allowed

neither to vote, nor to contract debts in their own name, nor to hold

or will property.

But within the last century women have been emancipated politically.

Property rights have been extended them; the growth of the woman's

movement has resulted in the winning of female suffrage. Economic

independence and social freedom have combined with political

emancipation to emphasize the spirit of individualism among women.

Politics and club work have, in the eyes of many wives and mothers,

become more attractive than domestic concerns, with a resultant

neglect of the home. Higher education for women, including a wider

knowledge of legal matters, has acquainted women with their legal

rights and privileges, and has made them familiar with the steps

necessary to secure a divorce.

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