CHAPTER III

WOMEN’S WAGES AND THE TRUCK ACTS; THE PIECEWORKER AND HER PAY

“Tell me what shall thy wages be?”

Long before the beginnings of the modern factory system, and centuries

before the idea of applying standard requirements for health, safety, or

limitation of hours in factories and workshops had arisen, Parliament

had recognised the need and right of the worker to receive full payment

of the wages he had agreed to work for, in current coin of the realm—“in

true and lawful money.”[46] It also recognised his right to spend those

wages as and where it best suited him.

The law relating to Truck[47] was consolidated quite early in the growth

of the factory system by the Act of 1831. This Act, and the Act of 1887,

which first brought in the very necessary aid of the Factory Inspector

to enforce its provisions and strengthened the law,[48] are still in

force, together with the Act of 1896, which first regulated fines and

various deductions from wages, making them illegal unless in pursuance

of a definite agreement or “contract” with every worker affected.

In 1908 a Departmental Committee, appointed by the Home Secretary,

reported on the great need, then generally recognised, for amending and

consolidating these Acts, and a minority of the Committee recommended

entire prohibition of fines and deductions regulated by the Act of 1896.

In the same year there was more than usual activity, with markedly

successful results, on the part of the Women Inspectors in investigating

and prosecuting for contraventions of the Acts. From about 1897 onwards

they had gradually acquired a unique acquaintance throughout the United

Kingdom with the human results of uncertain and low wages, peculiarly

oppressive to women and girls, by their investigation of complaints, by

long-drawn-out legal proceedings, by special enquiries into homework,

and into payments of wages in overvalued groceries and other goods

instead of money. Of a packet of tea given in place of hard-earned coin,

the outworker would say: “And the tea indeed it is not good, it is not

worth putting water on.” “A pair of thin elastic-sided boots which

constituted the ‘wages’ paid to a worker, who, according to the practice

of the country-side (Donegal, 1897), generally went barefoot, were

objects of longing” to the Inspector as “articles of evidence.”[49]

The Women Inspectors have also had carried to the High Courts of England

and Ireland five out of the six appeals, on points of law under the

Truck Acts, taken at the instance of the Factory Department since

1896.[50] Facts and details that came out at their prosecutions in

police and sheriff courts passed into the public press. There, and

through published official reports, it became well known in Parliament

and elsewhere that wages below subsistence level afflicted women in many

factories, as well as in homework. Various voluntary committees pressed

the matter forward, and the Inspectors’ evidence, published year after

year in Annual Reports, strengthened the Anti-Sweating Movement from

about 1904 to 1906. Public opinion was stirred afresh by the Sweated

Industries Exhibition of 1906, and eyes were opened to evils almost

forgotten since the work and report of the Select Committee of the House

of Lords in 1888–90.

The evidence of the Women Inspectors given to the 1908 Committee on

Truck was extensive as to the evils affecting women and conclusive as to

the need of amendment of the law. In the same year the Select Committee

on Homework referred repeatedly to the assistance they had obtained from

“so experienced and competent an observer as Miss Squire, of the Home

Office.”[51] The passing of the Trade Boards Act of 1909 followed very

shortly on their Report. It provided for payment by employers of a

minimum rate of wages “clear of all deductions” in certain industries

specified in a schedule to the Act, and in others to be brought in by

Provisional Order where the “rate of wages prevailing ... is

exceptionally low”; and Trade Boards were set up for the fixing of such

minimum rates. This Act provided for minimum time rates and for general

minimum piece rates, and, on the whole, has secured as solid a general

assent from the community as did the Elizabethan provision in earlier

times for protection of the poorest labourer from starvation pay “both

in times of scarcity and in times of plenty.”

The Act was administered, not by the Factory Department (as was proposed

in 1908 by the Select Committee on Homework), but by the Board of Trade

(later by the Ministry of Labour). It thus only enters into the scope of

this study because so closely linked with the pioneering work of the

Women Inspectors when they really _tested_ the Truck Acts and the

Section in the Factory Act for securing to women pieceworkers (in non-

textile industries) the protection of written “particulars” of their

work and wages. It also had a striking effect in steadily sweeping away

many of the deductions from low wages with which we were specially

concerned. The beneficial movement was carried decisively forward by the

special wages conditions administratively enforced for women during the

War.

The fundamental elements in wages problems are in some ways simpler and

homelier for everyone than problems of scientific hygiene in the

factory. Most of us realise very well how much our freedom and happiness

depend on having, in our recompense for labour, a margin for spending,

above what is just necessary to keep us going, and on being able to

compute definitely from week to week what the recompense will be. We do

not need technical knowledge to develop insight for that. We can all

readily grasp the truth in those words of Adam Smith: “The property

which every man has in his own labour, as it is the original foundation

of all other property so it is the most sacred and inviolable,” and “no

society can surely be flourishing and happy of which the greater part of

the members are poor and miserable.” And thus, when the miseries of

fraudulent payment in goods or of excessive and uncertain deductions

from wages, or of sweated wages, are brought out, it is clear to

everyone that regulation must be attempted with the least possible

delay.

As regards the grosser abuses of payment in goods, the law had become

generally effective for the principal wage earners in organised factory

industry before 1893. For women outside the factory system, these forms

of Truck were then and much later to be found in certain homework

industries in directions to be considered presently. And in the least

organised factory industries enforced purchase and raffling of articles

“damaged” in process of manufacture, and many oppressive forms of

deductions and charges on slender wages, were widespread.

Although, fortunately, laws relating to wages—that is, Truck Acts,

Particulars Clause, Trade Boards Act—were and are applicable to men and

women alike, it is evident that, until strengthened by help from

Inspectors of their own sex in the Factory and Trade Boards Departments,

and by recent development of their own powers through leading women

organisers, women have proved but poor bargainers for themselves, and

weak in securing their own welfare in matters of wages. This weakness

was, no doubt, closely linked with their artificial exclusion from many

well-paid industries and processes suitable for them, which intensified

their competition for available employment. The published reports of the

Women Factory Inspectors down to 1914 remain an historical record of the

depredations on their wages that the women suffered, and of the pitiful

smallness of their average earnings—the details being, as viewed from

the standpoint of later improvements, almost staggering. Their “property

in their own labour,” outside a few well-organised industries and often

even in fine-looking factories was, when we began, neither “sacred” nor

“inviolable,” and, indeed, in many places, barely existed. Although the

Women Inspectors were at work to track out and deal with contraventions

in “hard cases,” yet the range of area, processes, and numbers dealt

with by them in factories, workshops, and among outworkers is so wide,

and the figures were so carefully compared with those given by

manufacturers themselves, that their reports make a decisive addition to

the evidence contained in the Board of Trade Wage Census of 1886 and

1906. The wage levels for women in their chief industries, given in this

census, low as they were, were undoubtedly somewhat higher than in fact,

and only covered returns from the firms responding to an invitation to

disclose information in their wage books. Even if the average wage per

week for women over eighteen years of age in non-textile industries was,

as indicated by the wage census, about 12s. 11d.,[52] those of an

immense number of women employed inside the factory did not rise above

7s. to 8s., out of which came deductions for disciplinary fines, charges

for cotton, needles, etc., use of power, standing-room, cleaning of the

factory, damage, or purchase of damaged articles, hospitals, supply of

hot water for tea; so that for many young women 5s. to 6s. a week was

nearer the mark. To such numerous workers information that an average of

12s. to 14s. was paid to women in their industry would have meant

nothing. It was their own individual daily or weekly wage that was the

reality to them. The Act of 1896 required, as already said, that a

definite contract must be made by any employer with his workers before

deductions could be made from wages; other terms could be specified in a

notice affixed in the workplace. Among other conditions the deductions

had to be fair and reasonable, the acts or omissions which entailed a

deduction had to be specified in the contract, and particulars of any

deduction actually imposed had to be given to the worker at the time.

Even when the Inspector had severely pruned the contract, deductions for

such things as gas, needles, sweeping, sick clubs, made a serious

inroad; a rate of 6s. 6d. would emerge as 5s. 5d., of 7s. 6d. as 6s.

5d., of 12s. as 9s. 9d. for a week’s work that might legally be sixty

hours.[53]

“Girls’ wages are as a rule so pitiably low as to leave no margin,” said

Miss Squire in 1898, “for making good any damage to work entrusted to

them, while the rapidity necessary in order to reach the standard

required of workers—paid by the quantity turned out—increases the risk

of damage.”

In that year a letter reached me from the Leader of a Factory Girls’

Club in London about one of its members, employed in decorated sheet

metal work, who “looked thoroughly miserable and overworked.” The girl

had been set to work, at 8s. a week, on a heavy “grooving” machine in

place of a man paid 28s. a week. A visit from the Inspectors was

desired, and the girl said they would find “plenty things to find fault

with.” Although attention was promptly and closely applied to these

other things, I had to explain to the Club Leader that the Factory

Inspector was not concerned with even the slenderest wages, except in so

far as touched by the Truck Acts, unless the pieceworkers should desire

to submit a claim for extension to them of the Particulars Clause in the

Factory Act.

In the same year an instance of deductions for short quantity from girls

soldering tins containing perishable goods, being engaged, not on

piecework, but on a fixed weekly wage, again illustrates both the

smallness of wages and the subjection to heavy pressure. Here the girls

rarely (some never) received full wage, 1d. being deducted for every ten

trays (twenty-four tins on each) short of the total required daily,

which was 190 trays containing 4,560 tins. The girls complained that

this total exceeded what their best efforts could produce. “It is

slavery. We do not dawdle. We are all for scrambling for fear of losing

our money.” Miss Squire examined the books for eleven workers during

five weeks, and none reached the total required, although two once came

within two trays of it. Rewards were given for care and good work and

were set off against “short quantity.” Thus from a wage of 8s. 9d., 300

trays being declared short, 2s. 6d. was deducted, and 1s. added for good

work, resulting in a net wage of 7s. 3d. The Inspector found in another

factory under the same company a woman whose wages were raised for good

work, who ordinarily sealed 120 to 140 trays daily, and could do 170

trays at a push. Thus the deductions in the first factory were

manifestly unfair and they were refunded after the investigation. The

manager subsequently informed the Inspector that there was no falling

off in number of tins sealed by the girls.[54] In a biscuit factory

labellers, putting labels on four sides and the top of a tin, were paid

at the rate of 1d. for twelve tins; for any one label damaged, 1d. was

deducted, so that twelve tins would then be labelled for nothing.[55]

The Women Inspectors were driven to realise by such experiences that not

merely was starvation pay for women and girls prevalent in many

instances, but that the whole outlook of many employers on their

standard and maximum wages for women was darkened, and these employers

had almost uncontrolled power to fix and alter rates for unorganised

workers. As late as the middle of 1914 Miss Whitworth (Mrs. Drury),

taking evidence for a prosecution, found that a pieceworker, without the

required written particulars, was actually paid for some work in the

week of enquiry, without notice, less than she was paid in the previous

week for the same work. The foreman’s explanation was: “What can one do,

when a girl is earning as much as 15s. a week, but lower the piece

rate.”[56] This was a not unusual attitude throughout our experience up

to the war period. The fact of its existence and the consequences on the

output of the workgirl—faced with the alternatives of earning the same

sum whether on a higher or a lower piece rate, and naturally choosing

the former—may be well seen in Mr. R. H. Tawney’s “Minimum Rates in the

Tailoring Trade.”[57]

Of wholesale clothing factories in Colchester, in 1908, a local leading

manufacturer told an Inspector that he thought 7s. to 8s. would be the

average wage of the girls employed, and her “own observations confirmed

this. Board and lodging cost 7s. a week at the lowest, so it is

obviously impossible for a girl to live unless she is at home.”[58] It

is noteworthy how often this average appeared to rule in various parts

of the country, as one turns over many Annual Reports.

The remarkable thing about this low and limited view of the value of a

woman’s work, which ruled so generally as seriously to depress her own

estimate of its value, was that a sudden alteration in the valuation

occurred immediately there was any failure in punctuality of attendance,

or quantity and quality of output. And yet, sometimes, outside public

opinion, as reflected in the decision of a police court magistrate or a

sheriff, supported the two apparently incompatible estimates.

In a case taken into court in South London, where the contract for

deductions for time lost rendered the worker liable to a fine of 1d. a

minute lost, the information was dismissed on the ground that the

contract was not in general unfairly enforced, although it was shown

that one worker earning 6s. a week was fined 6d. for five minutes lost

and another 4d. for four minutes lost. While the girls were at work the

service was valued at 1½d. an hour, in a week of sixty hours’ work.[59]

In a South London factory, where fining was at the rate of 1d. for any

time lost up to five minutes, and 2d. for more than five minutes, 276

girls out of 500 were fined sums from 4d. to 8d., and the total amount

collected by the firm in this way was £156 in a year. Incidentally

punctuality was not secured here by docking the low and hardly earned

wages of the girls. In many cases the attention drawn to the matter by

Inspectors induced employers to refund deductions that should never have

been made. Heads of firms often gave far too little personal care and

attention to safeguarding their own employees from injustice.[60] In

numerous instances where, after careful investigation in a factory by

the Inspector of the whole effects of the fining system, the matter was

once fully brought to the knowledge of the head of a firm, voluntary

abolition of the system followed. Where it was abandoned in favour of

better methods of discipline, return to the system was unknown. The gain

in efficiency of management was well attested by such employers in their

evidence to the Committee on Truck in 1908.[61]

A contrast appeared frequently between the estimate of value put into an

article by labour expended on it, and of the worker’s share in

responsibility for loss occasioned by any accidental slip of the fast-

moving fingers. In a rubber tyre factory, for example, where the outer

case of the rubber tyre was trimmed—_i.e._, cut neatly along the edges—

by girls, at the rate of 1¼d. a dozen cases, a fine of 1d. was imposed

for each case damaged by the edge being unevenly cut or snipped. The

loss to the employer was indeed reckoned as 2s. 6d.; the loss to the

worker, although only 1d., equalled four-fifths of what she could earn

in an hour’s work.[62] In a safety-pin factory in the West of England,

where only good work was paid for and some waste unavoidable—material

being “weighed out” in lots of 100 gross or 50 gross, and weighed again

when brought in—some exceptionally bad deductions were found. A girl who

had to cap 50 gross of pins for 1s. 3d. was told when she brought the

lot in that she was ¾ pound short, and 2s. 3½d. was deducted from her

weekly wage of 5s. 7d. A married woman bringing in 84 gross of good pins

out of 100 gross booked to her, was charged 2s. for 21 pounds short in

the metal, and instead of receiving 1s. 11½d. for the 84 gross pins,

admittedly well capped, received her pay envelope empty—with a note on

it that she owed ½d. Here the firm, aroused by the miserable conditions

brought to light by the Inspector, voluntarily returned all deductions,

exceeding 5 per cent. off any weekly wage to the workers for the whole

year, and arranged for piecework books with careful entries and for

regular “check-weighing” by the workers.

The number of instances is astounding where, by the aid of the records

required by the Truck Act of 1896, Inspectors were able to track out

preposterous, long-standing “debts” of workgirls to their employers for

“damages” which they could not test or verify themselves, in shirt and

collar and other clothing trades, in pen factories, and other small

metal works; the burden of the system can only be grasped by a careful

study of details in numerous Annual Reports. The difficulties of

successful prosecutions in many bad cases are touched on in Chapter VI.

on legal work. “There were cases in which the worker had remained in

debt for as long as eighteen months on a single batch of collars

machined, gradually paying off by such instalments as her weekly wage of

7s. to 10s. would bear.”[63]

In an Irish linen-weaving factory that I visited with Miss Martindale in

1911 in the course of long negotiations with the Manufacturers’

Association, carried on in the hope of securing voluntary improvements

in harsh contracts regarding damaged work, we found that 65·76 per cent.

of the weavers were fined an average of 8¾d. in one recent week, and

60·5 per cent., an average of 7½d., in another week, six months earlier.

The highest gross average wage was 7s. 2¾d., and the average net wage,

including a so-called time bonus, was 5s. 8½d. The mill was making

little or no profit, and, as I observed at the time, I “never had so

strong an illustration of the truth that thriving manufacture cannot be

built up on the labour of depressed and half-starved workers.” In spite

of warning, the percentage of workers fined there rose yet higher, and

the firm was told that unless there was immediate reform proceedings

must follow. Here and elsewhere I pressed for the institution of method

and application of skill in training the workers, and in this case it

was effectually established with results most satisfactory to the

management, while the number of workers fined fell to 6·9 per cent. In

another weaving shed, where 33 per cent. were fined weekly for cloth

faults, after an Inspector’s visit all fines were abolished “as an

experiment.” The manager in due course wrote that it was an unqualified

success, but that he did not wish his competitors to know, as it gave

him an advantage in getting good weavers.[64]

A great evil, particularly in connection with clothing factories,

developed out of charges for damaged work, in “raffling” in order to

escape the burden of practically enforced purchase by the workers of

garments that they were alleged to have damaged. Even in 1898 factories

were found where this practice had been reduced to a regular system. In

one factory every worker was required or expected to pay 1d. a week to

the foreman towards a fund for paying back to the employee the amount

deducted from her wages for damaged work, receiving in return a ticket

for the raffle by which damaged articles were disposed of week by week.

Three successful prosecutions, taken by Miss Squire in 1905, did

something to check the growth of this practice in Leeds. In each case

the magistrate severely censured the defendants.[65] In 1906 it was

found to be extensively prevalent in Manchester “making-up” factories.

“Leaving aside,” said Miss Paterson, “... the effect on character of

gambling even to so slight an extent, I think it tends to make workers

careless in their work; to make foremen and employers careless about

training good workers, and indifferent to fairness when they assess

damage.”[66] Although compulsory purchase by the worker of damaged work,

illegal as it was, decreased, it was far more difficult to repress the

insidious practice of “giving” the worker or “allowing her” to take

damaged work, for which she had a deduction made from her wages. The

better employers agreed with the Inspector in prohibiting anything of

the kind in their works.

This old evil, of compulsory purchase by the worker of damaged products

of her industry, the damage being due, not only to lack of care, but

sometimes to accident, sometimes to defective material or implements,

sometimes to overpressure or defective training of the worker, appeared

in even the highly organised and relatively well-paid cotton trade,

which had at its own instance been exempted from the scope of the Truck

Act of 1896. Some girls of fourteen and sixteen years left a cotton

factory in 1901 owing to heavy fines for faults in the cloth. On

claiming arrears of wages due, they were each shown a piece of cloth and

told they must take the damaged pieces in lieu of wages. “... Finding

they could make no other terms, they said they would take time to

consider,” and meanwhile wrote to the Inspector, Miss Squire. She

accompanied them in the following week to the factory office, “and the

wages were paid over in coin, the employer finding that the Truck Act,

1831, was not to be lightly set aside.”[67]

Deductions for motive power, used in the manufacturing process, were

often found in our earlier years of inspection, but they had already

begun to die out, and, I think, have long since done so generally. They

were mainly a survival from the time of transition from handicraft to

power-driven industry, and sometimes reflected the hardness of those

days—as when they covered not only cost of fuel and repairs, but wages

also of the man who attended the engine. I made a calculation in the

case of some Lancashire clothing factories in 1897–98 that payment by

the worker of 1d. in the 1s. earned, or 1s. weekly if wages rose above

9s., brought in enough to run the whole power at the workers’ expense,

ownership of the engine remaining with the occupier. Charges or

deductions for cleaning the factory, or parts of it, such as lavatories,

were also a survival from other days when the worker worked in his own

domestic workshop; severe scrutiny by the Inspector of many wage

contracts, and of local practices that were unrecorded in any formal

notice, was necessary to free the worker from the burden of carrying the

occupier’s legal responsibility for keeping his factory in a cleanly

condition. Levies of 1d. a week on every worker in a large factory would

sometimes produce more than the wage of a good charwoman in places where

there was not much evidence of her activity. Even in 1901 the

prosecution of a firm for employing women in the dinner hour gave

publicity, during the hearing, to the details of how women and girls

supplied gratis, the labour, cloths, buckets, etc., necessary to enable

the occupiers of a world-famed textile factory to keep it in the cleanly

state required by the Acts. The conviction did much to “shift the burden

on to the right shoulders.”[68]

The odd topsy-turvy way in which law and administration reacted in the

difficult work of applying the Truck Act was seen by Miss Martindale in

a procession of workers who paraded the streets of Belfast in 1911

carrying boards on which stood in large letters the words: “Down with

the Truck Acts.” This followed our long negotiations with the

Association of Manufacturers (already referred to) in an endeavour to

secure milder contracts regarding deductions for damage. The meagre

results had been embodied, with other rules over which we had no

control, in a notice (drafted by the lawyers to the Association), a copy

of which was handed to each worker. The notices were headed by the

words: “The Truck Act, 1896, requires that a copy of the following terms

and conditions should be handed to every worker.” The “other rules”

included such conditions as instant dismissal of a worker when, in the

opinion of the employer, manager, or overlooker, she had been guilty of

certain acts or defaults, and discharge of workers in any department

without notice or compensation if any of the workers in the factory

strike or decline to work. This blending of incompatible terms could not

be prevented by legal process without amendment of the Act.

Up to the time of the passing of the Truck Act, 1887, and even later, a

common opinion held that deductions from wages in respect of fines were

rendered illegal by the Act of 1831, through its provision that the

entire wages were to be paid in coin. The important decision in

_Redgrave_ v. _Kelly_ (1889), however, established a different

conclusion, and left it so that the question of the reasonableness of

fines could not be raised under that Act. It was chiefly against

uncertainty and unreasonableness in such fines that the Act of 1896 was

aimed. Among the reactions from the very considerable, though

incomplete, degree of control introduced by this Act came the

development, especially in Irish textile factories, of a so-called

“bonus” system, the real meaning of which was in many instances a desire

to “keep clear” of that Act. It appeared in amounts varying from 5 to 20

per cent. of the wage in many and subtle forms; for timekeeping, for

output and equality of piecework, and for amount of wages earned in the

week. Although the bonus seldom seemed to raise the average wage above

the local level, it was treated by the employer as a kind of gift, over

and above wages, and the whole or part was liable to be withheld, in

addition to imposing any specific fine mentioned in the contract or a

deduction for time lost. In a case carried from Petty Sessions to the

High Court in Ireland, _Deane_ v. _Wilson_, a weaver lost 2s. 4d. out of

a weekly wage of 10s. for a single small unpunctuality. Arriving thus at

the mill a few minutes late, she was locked out for a quarter of the day

and forfeited her “bonus” of 2s. in addition to the quarter time lost,

reckoned as 4d. The High Court confirmed the decision of the magistrates

to dismiss the summons, on the ground that the 2s. bonus could not be

computed as wages, and that therefore no fine was inflicted.

The Committee on Truck, 1908, decided that the bonus system was open to

grave abuse, and on the evidence placed before them believed that it was

abused. They made certain recommendations for its control through

empowering a court “after considering all the circumstances of the case

to decide whether the bonus is used by the employer as a means of

evading the requirements of the statute, and, in the event of deciding

that it is so used, to convict the employer.”[69] I confess that it

appears to me that if such a clause had stood in the Act it would not

have altered the decision in _Deane_ v. _Wilson_. Magistrates and Judges

alike arrived at the conclusion that the Truck Act did not provide a

remedy for a reduction by 2s. 4d. of a gross payment of 10s. for a

week’s skilled work (which 10s. was regularly given to the wage earner

if no unpunctuality occurred). The reduction left the wage earner with

7s. 8d. net for a week in which she only lost a few minutes by her own

lateness. The recommendation of the Minority Report of the Truck

Committee “that the bonus system should be prohibited by law” would

hardly solve the difficulty. Extra rewards to workers for good work

could never be effectually prohibited by law. The real problem is to

assure to the worker a secure, net minimum wage, and to defeat evasion

by unreasonable or unjust employers.[70]

The charges upon wages above considered have been taken first—although

not the earliest form of Truck—because they were characteristic of the

factory system and specially harassing to large numbers of women in the

period from 1893 to 1914, before great changes were brought by the War.

Payment in “unprofitable wares” instead of in “lawful money” mainly

troubled unorganised factory operatives during the transition from

handicraft industry to mass production. Truck—that is, in its original

sense—survived in our official experience, and called for our

intensified enquiry and action among outworkers in rural districts: in

Cornwall and Somerset, over wide areas in Ireland, and among knitters in

Shetland. From these directions complaints flowed in upon the Women

Inspectors, keeping them absorbed for many months in activities that

made them, for the time, almost anything but Factory Inspectors. They

led us into almost incredible experiences[71] until eventually various

legal decisions made it plain that any outworker who was not under an

express contract personally to execute the manual work, however poor or

however clearly in need of protection, was outside the Truck Acts.

Two ancient forms of oppressive “agreement ... understanding ... or

arrangement ... direct or indirect” prohibited by law,[72] continued,

however, in our time to trouble ill-organised factory workers, irregular

charges for rent, and compulsory expenditure of wages at an employer’s

shop.

“The people say it was a charity for you to stop the checks, but it

would be a greater charity if you would stop the rents being kept off

the workers.” “If the Inspector would look after shopkeepers giving out

work and making the workers take goods instead of money, I think she

would be doing a service to the poor.” Both these complaints have the

vivid, Irish ring, but they expressed the sore needs of many a worker,

and not only in Great Britain and Ireland. As regards deductions for

rent, without a shadow of a legal right, no reported instance is worse

than that in a lucifer match factory in England in 1898, followed by

prosecution and fine, where, in absence of any contract, the employer

was taking nearly the whole earnings of a half-starved young girl worker

for accumulated and unrecorded rent, unpaid by her father during a long

epidemic of smallpox.[73] Another instance nearly as bad was found in a

factory in a great textile district where, without rent-book or any form

of contract (which in any case could not have been legalised), any wife

or daughter engaged on piecework was liable to receive her earnings

reduced by quite undefined amounts, said to be rent due from husband or

father. The mere fact that the mill was sometimes “standing” added to

the uncertainty of the position; in one case successfully taken into

court, the employer’s ledger showed 17s. 1½d. deducted for rent in six

weeks for a cottage rented at 2s. a week.[74] The Irish complainant

(living in a house owned by his employer) was, however, concerned far

more with insecurity of tenure and with the feature that “if you get

dismissed out of your employment they won’t give you any money (wages)

till the house is empty.” Uncertainty about the poorest roof over his

head, being his home, was to the Irish peasant yet worse than insecurity

of employment.

Miss Martindale sometimes found dressmakers employed in Irish country

towns who “lived-in,” receiving their wages only once a year, who were

obliged to obtain articles on credit from their employers, getting

seriously in debt to them. She also found hand-spinners and weavers in

the tweed industry paid in exorbitantly priced draperies and groceries;

a complainant, telling how a girl’s wages were pledged by her father to

a rich shopkeeper for five years for the paying off of his debts,

described the girl as “sold” to her employer. The remark made to Miss

Martindale by a man who had very special opportunities of knowing the

poorer country districts of Ireland, that “the people are born in debt,

die in debt, and live in bondage,” struck her in the year 1907 as

“undoubtedly only too true.”[75]

In few places could the framework of bondage be more complete than in a

certain “townland,” where the owner of the principal shop and public-

house was also the owner of the flax fields and flax scutch mill, and

employer of many of the inhabitants. The women working for wages in the

mill seldom received coin; one girl, whose father and sister were

dependent on the same employer, received none during a whole winter.

Dealing at the shop was practically a condition of employment.[76] A

successful prosecution in 1907, upheld on appeal against conviction to

Quarter Sessions, brought in many communications of similar cases to

Miss Martindale, as did the well-known earlier prosecution by Miss Deane

at Ardara in 1898, and several more by Miss Squire in Dungloe and

neighbouring districts, which led in 1900 to her hard-fought appeals to

the High Court, touched on in Chapter VI. These ladies were indeed all

the “petticoated Inspectors” of whom a well-known Irish Q.C. declared at

the hearing of an appeal in June, 1900, that there was “an army squatted

around Dungloe, watching every little industry and striving to throttle

them.”[77]

Many of the difficulties that the Inspectors had to encounter in remote

country districts, in their endeavour to scotch or root out the habit of

paying in kind or in tickets usable instead of coin at a particular

shop, were not of legal interpretation. They were largely of local

circumstances. A fortnight’s residence in 1899 in a lovely district of

county Donegal enabled me, beyond my expectations, to gauge the

character of these practices. The open friendliness shown by the peasant

woman and car-drivers to an English visitor showed me some of the

essential factors of the situation. There was a manifest sense of

security among the law-breakers, on the alert to conceal all traces of

their methods of payment since the £44 penalty secured against a

shopkeeping middlewoman by Miss Deane in 1898. In their shops, their

inns, their ownership of cars, they represented the wealth and carrying

power of the local community; in their connections through marriage with

the priests’ and magistrates’ families, and sometimes even their

position as magistrates, they represented the order of the community. It

was possible for me to ascertain, beyond doubt, that not only

outworkers, but also masons and roadworkers, were being paid for their

work mainly (and sometimes wholly) in goods estimated above their real

value; it was a long work of patient skill to establish particular cases

in court, and to Miss Squire I left this part of our task. I could see

carts laden with yarn and groceries that drove out for miles round the

country and that brought back knitted hose; the difficulty was to be on

a spot out in the country, or in a shop, at the exact moment to see the

transactions. “To be an eye-witness,” said Miss Squire, “of such payment

is almost impossible, for that it is illegal is well known; and

immediately a stranger enters a shop all transactions cease. Baffled

frequently, I succeeded on one occasion, by a carefully planned

stratagem ... and saw the socks handed over the counter, yarn for fresh

socks given out, and packets of tea and sugar given in payment. Except

in this one case I had, in undertaking prosecutions, to rely entirely

upon the workers, and even those who beforehand appeared most staunch

managed to evade service of summons, disappeared from their homes in a

wonderful manner, and were with difficulty brought to the court. Once

there and put on oath, the truth is told and conviction of the employers

followed in each case, the maximum penalty being obtained in one case

and £5 in each of the others.... The immediate effect of the proceedings

is that money is handed now to workers by the agents, but a close watch

will have to be kept lest ... the practice is continued in another and

more hidden form.”[78] This was a prophetic utterance, as instances of

struggles in later legal proceedings showed, especially in two distinct

appeals, _Squire_ v. _Sweeney_ in 1900.[79] In many ways, by letter and

by word and gesture, the grateful women showed the gallant Inspectors,

Miss Squire and her successor, Miss Martindale, how highly their

adventurous efforts were valued. At this time it came out clearly that

some local country agents of manufacturers of the big centres suffered

from miserably low commissions. One told Miss Squire that he had no

commission at all, that he had ceased to pay in goods since her

prosecution showed him it was illegal, and he asked her if she could

help him to find a commission-paying employer. Special care was taken to

bring home to the head firms in the North and West of Ireland the grave

responsibility they bore in this matter.

In the following year, not only in Ireland but also in Cornwall, amongst

guernsey knitters, and in Somerset amongst kid-glove makers, Miss Squire

carried forward this endeavour to secure respect for the right of the

worker to “free control of her own earnings unhampered by any condition

as to where and how they should be spent.”

“Only by a daily intercourse with cottagers in remote villages and the

fishing folk of little seaside towns ... can the real nature of their

business transactions be fathomed. The information so obtained and

pieced together disclosed a state of such widespread defiance of the law

and contempt of the rights of the wage earner as it seems incredible

could exist in England at the present time.” In the same year the

Superintending Inspector for the Northern Division noted that there

existed “a considerable amount of the old system of Truck,” in the

Shetland shawl, the Harris tweeds, and the fishing industries of

Scotland. He thought it hardly “remediable under the Acts by the

Inspectorate.” The features he indicated were just those against which

Miss Squire’s carefully devised campaign was directed in Ireland and

South-West England. Unquestionably, new and unconventional methods of

exploration of the trouble had to be tried. The Cornish women excelled

in their knitting of yachtsmen’s guernseys for which the nominal payment

was 2s. 6d. to 3s. 6d. each, but the payment was in drapery goods from

the employer’s shop “at whatever price and of whatever quality the

employer chooses to supply”; a poor cripple woman was found in great

distress with a man’s coat on her hands, when she sorely needed money

for her rent. In Somersetshire villages the kid-glove makers were being

paid in goods from the grocery shop of an agent who fetched the work

from factories, distributed it to the cottages, collected it again, and

returned it to the factories. The ten cases successfully prosecuted

against five drapers and grocers, who were contractors in these

counties, had an immediate good effect that lasted for some time, and

some manufacturers were moved to open a depôt in Yeovil where they gave

out the work and paid the outworkers in coin through their own

clerk.[80] A recrudescence of the system was found by Miss Slocock in

1907 in Somersetshire after the English High Court decision in _Squire_

v. _Midland Lace Company_. This, like the Irish decision in _Squire_ v.

_Sweeney_, practically withdrew the protection of the Truck Acts, 1831

to 1887, from the English outworker.[81]

These Acts have awaited amendment all these years from 1908 to 1921, and

meantime the scope of wages problems for women has widened and changed,

in Great Britain at least. The War went far towards establishing for

women a legal claim to a reasonable minimum wage; first, temporarily,

when they were employed as substitutes in great organised men’s

engineering industries, and then through Trade Boards gradually set up

in trades where no adequate machinery of organisation existed for the

effective regulation of wages. Women’s own great industrial services to

the nation during the War, fostered and encouraged by specialised

training, of course altered the outlook fundamentally. It was no longer

a favour conferred on them merely to employ them; their work and their

special aptitudes and skill were seen in a new light as a service to the

community.

Yet even before these new motives came in sight, things had not stood

still, for the Factory Act of 1895 had made secure the claim of the

pieceworker to a definite contract as to her prospective earnings on any

given piece of work. That Act directly extended to all pieceworkers in

textile trades the right to _written_ particulars of work and wages, in

a section[82] which was declared by Mr. Birtwistle—first Inspector of

Textile Particulars—to be “without doubt the most popular section of any

Act of Parliament ever passed in the interest of labour.”[83] The strong

organisation of the textile trades, especially the Lancashire cotton

trade, had secured the beginnings of this protection to some textile

pieceworkers in the Act of 1891.[84] It was suggested possibly by a

similar provision for handicraft silk weavers in an Act of 1845.

It was so immediately successful in setting these workers free from the

torment of insecurity in calculating prospective earnings on intricate

piece rates, liable to frequent alterations, that other pieceworkers

soon called for its aid. This was provided for by the power taken in

1895 to apply the benefit of the provision by Order of the Secretary of

State “to any class of non-textile factories or to any class of

workshops ... subject to such modifications as may in his opinion be

necessary for adapting those provisions to the circumstances of the

case.”[85]

This just and simple measure, really indispensable for intricate

piecework in mass production, was valuable, not only for collective

bargaining between employers and employed, but also for enabling

individual workers to understand and discuss the basis of piecework

earnings. It was happily applied further, by the Act of 1901, to

outworkers on prescribed lists kept by the occupier of a factory or

workshop and by contractors.[86]

With the aid of many confidential complaints from women workers, the

Women Inspectors were enabled to make a long series of effective

investigations in many non-textile industries as to the inability of

pieceworkers to calculate what their earnings would be at any given

piece of work, and as to their consequent bitter feeling of grievance in

the matter. In 1896 Miss Deane reported to the Home Office on the need

for application of the clause to workers in blouse, apron, and

handkerchief trades. I reported similarly in that year on the workers’

desire for, and great need of, this provision in the wholesale clothing

trade in the North of England, and I completed this enquiry for the

remainder of the great centres of the industry in England and Scotland

in 1897–98. It was at once found that the practice of giving particulars

to pieceworkers was already in existence in fair-dealing factories, and

that the best manufacturers held that “the only business-like system is

to have a clear contract with the workers, such contract to hold good

until the question of a new one has been fully considered and threshed

out.” In 1898 I reported that the general need of outworkers who then

stood outside the section for the protection afforded by the section was

even greater than the need of the factory worker.[87] The needs of

pieceworkers in pen-making, hand fustian cutting, underclothing, shirt

and collar industries were investigated and reported on in quick

succession chiefly by Miss Squire, and in 1899 our first cases under an

Order for written particulars were successfully taken into court by her.

This advertisement of the possibility of applying a remedy to one of

their greatest handicaps and grievances—lack of power to calculate

earnings—brought a decided increase in complaints about wages from women

and girls.

The 1900 Order for particulars to pieceworkers in the pen-making trade—

where long and intricate investigation into the conditions of

calculating and paying wages had been necessary in this industry of many

minute, successive hand-tool operations[88]—brought strikingly good

results in a remarkably short time. The results were not only material

in wages to the worker, but, still more, moral in engendering confidence

between workers and employers. In 1898 there was much lack of

confidence, workers asserting that their “lots” of pens were frequently

larger than the nominal amount, and employers were more or less

resentful of investigation. In March, 1901, Miss Squire reported that

the occupiers of the twelve pen factories—all situated in Birmingham—had

set to work in a “highly commendable way” to supply the prescribed

particulars. I doubt if any change in methods of stating and fulfilling

wage contracts was ever more quietly and rapidly effected. The employers

seemed to understand thoroughly the spirit of the Order, and they

expressly recognised that Inspectors, manufacturers, and workers had to

work out the details of the new requirement together in a harmonious

way. Here, and in various other trades, the complexity and mass of

detail that had to be mastered in developing the various Orders for

piecework particulars led to continual interchange of information and

help between the District Inspectors and the floating staff of Women

Inspectors. The work done then and later by the whole Factory Department

must certainly have smoothed the way for introduction of Trade Board

minimum wage scales. The Orders for locks, latches, and keys, cables,

chains, and cart gear, of 1902, specially operated in this direction.

In some industries, and strangely in wholesale fustian clothing

factories situated in textile districts where the idea of written

particulars had first prevailed, there was much patient work to be done

by the Inspectorate in overcoming a stubborn adherence to defective

methods of giving particulars, such as chalk marks on garments, use of

symbols, and their refusal even to give particulars at all.

Early in 1903 came the first and very important extension of this

protection to outworkers in the wholesale tailoring trade. Their need

could not be expressed in the same clear, organised way as by the

factory workers. It was none the less surely to be discovered by

research among them, as Miss Squire found when she investigated,

directly or through visits to firms, the needs of over 6,000 outworkers.

Her account of the variety in systems of giving out work in the four

great centres—Leeds, London, Colchester, Bristol—and the risks of the

bag-woman or carrier system in the last two districts, must be read to

acquire an adequate idea of the needs of the women:

“The bag-woman or carrier system is open to much abuse, especially

where these are really contractors receiving the outwork price

themselves and giving what proportion they think fit to those to whom

they pass on the work. Sometimes they keep the grocery shop of the

village, and if they are sharp enough not actually to infringe the

letter of the Truck Act, sail very near the wind and obtain an

injurious control over their customers, dependent as these are upon

them for both work and grocery. The prices paid to outworkers for

either making or finishing are incredibly low at the best; at the

worst, the ‘slop clothing’ rate, they are cruel. With all the sad

experience one has gained in many trades of the amount of work a woman

will do for a penny, one still marvels how anyone, however poor, can

be found to accept the rate given for some classes of work, as, for

example, elevenpence a dozen for finishing (that is, all but the

stitching of the seams) men’s trousers. When the rate of wages is so

low, it is of great moment to the worker to know exactly what the

price is; she wants to be absolutely sure that she has not been misled

by some symbol into putting ‘A’ quality work, which takes more time,

into a ‘B’ quality garment, for which she will receive a halfpenny

less, or to run the risk of being told when she takes the work back to

the factory that she was mistaken if she thought the price would be

eightpence, as it had been lowered to sixpence.

“That there is a real need for the outworker to have ... the written

statement of the price the employer contracts to pay was abundantly

proved. In the absence of such written particulars the homeworker is,

at best, uncertain as to the price she will receive, and is at times

in complete ignorance, so that the door is open for fraud on the part

of ‘passer,’ or carrier, or messenger.”[89]

The need of written particulars for outworkers was voluntarily

recognised by some employers, but not being enforceable had been often

fitfully and carelessly carried out by their agents. It was pre-

eminently a case where law should step in to bring up general practice

to the level admitted by public opinion to be the least that was due

from employer to employed.

At the end of 1903 the Order for particulars to pieceworkers in the

shirt, collar, linen underwear, corset, and other wearing apparel trades

widely extended this safeguard to cover unorganised women—to their

immense satisfaction. “Mrs. A., employed in a chiffon and straw hat

workshop, informed the Inspector how pleased she had been to read in the

political news of _Lloyd’s_ about the new Order. Formerly she never knew

until Saturday night when her job was done, what she would receive for

it.... Miss D., belt and tie maker, ... recently did fifty dozen,

expecting 2d. more a dozen than she received.”[90]

The work of enquiry, followed by extension of the principle of supplying

written particulars to pieceworkers, went on apace. Seventeen or more

trades were added in 1907 by composite Orders, and more in later years.

Every effort was made to give administrative effect to all these Orders

as fast as possible. The Inspectors acquired, as it were automatically,

a wide and detailed acquaintance with prevalent wage rates, and were

again and again struck by the tendency of employers to lower rates

“directly girls get quick and earn too much.” “It appears to be useless

to point out that this is a very short-sighted policy, and that all

incentive to quick, good work is crushed out.”[91]

The time was evidently getting ripe for application of the principle of

minimum wage regulation.

And yet a word may here be added on the valuable help, in ratio of work

to wages, that sometimes could be brought, through the Factory Act and

the Factory Inspector, to a most helpless class of workers, those in

low-paid industries who were practically compelled to take work home at

the close of the legal day in the factory in order to keep body and soul

together. A striking example of an old-standing breach of Section 31 of

the Factory Act of 1901 (restricting employment inside and outside the

factory or workshop on the same day), with a sinister effect on the

wages of the girls, was brought to light by Miss Escreet in Birmingham

in 1913:

“Workers in the warehouses of a pen factory had been regularly taking

home cards to thread with elastic for the reception of pens,

compasses, india-rubber, etc. The workers, who mostly lived some way

from the factory, arrived at their homes about 7.15 p.m., and in

nearly every case worked steadily for three nights in the week for

three hours or more. Many of the girls with large quantities of cards

to do received help from their relations; even where this was given,

their leisure was encroached on to the extent of one and a half to two

hours, and where it was lacking entirely, work sometimes went on till

midnight, or spread to four or five evenings in the week. Ample

evidence was at hand to explain the continuance of this ‘voluntary

work’: the system had been long virtually used to economise on the

wages bill, for ‘cards’ were given out and their quantity increased at

regular intervals, when girls would normally be receiving a rise. That

the economy was a successful one may be seen from the fact that the

average weekly warehouse wage of six adult workers, taken at random,

was 10s. 1d., which they increased to an average of 13s. 5½d. by doing

‘cards.’ This system enabled the employer to economise in his

insurance contributions as well as in wages, for, without the card-

money, he would have been liable for an increased contribution. The

girls were shrewd enough to appreciate the unfairness of the system,

and welcomed its abolition, in spite of the fact that their net wages

have dropped. An increase has been given at the factory, but not to

the extent of the weekly cards. Nevertheless, I was told in one case

by the sister of a worker that they had had ‘the happiest week for

twelve years.’ And a grateful Jewish mother wished me ‘a long life,

and God bless you’ over and over again.”

Women in the factory · 第 3 / 7 章