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.