# Fancies versus fads/Street Cries and Stretching the Law

​Street Cries and Stretching the Law
ABOUT a hundred years ago some enemy sowed among our people the heresy that it is more practical to use a corkscrew to open a sardine-tin, or to employ a door-scraper as a paperweight. Practical politics came to mean the habit of using everything for some other purpose than its own; of snatching up anything as a substitute for something else. A law that had been meant to do one thing, and had conspicuously failed to do it, was always excused because it might do something totally different and perhaps directly contrary. A custom that was supposed to keep everything white was allowed to survive on condition that it made everything black. In reality this is so far from being practical that it does not even rise to the dignity of being lazy. At the best it can only claim to save trouble, and it does not even do that. What it really means is that some people will take every other kind of trouble in the world, if they are saved the trouble of thinking. They will sit for hours trying to open a tin with a corkscrew, rather than make the mental effort of pursuing the abstract, academic, logical connexion between a corkscrew and a cork. Here is an example of the sort of thing I mean, which I came across in a daily paper to-day. A ​headline announces in staring letters, and with startled notes of exclamation, that some abominable judicial authority has made the monstrous decision that musicians playing in the street are not beggars. The journalist bitterly remarks that they may shove their hats under our very noses for money, but yet we must not call them beggars. He follows this remark with several notes of exclamation, and I feel inclined to add a few of my own. The most astonishing thing about the matter, to my mind, is that the journalist is quite innocent in his own indignation. It never so much as crosses his mind that organ-grinders are not classed as beggars because they are not beggars. They may be as much of a nuisance as beggars; they may demand special legislation like beggars; it may be right and proper for every philanthropist to stop them, starve them, harry them, and hound them to death just as if they were beggars. But they are not beggars, by any possible definition of begging. Nobody can be said to be a mere mendicant who is offering something in exchange for money, especially if it is something which some people like and are willing to pay for. A street singer is no more of a mendicant than Madame Clara Butt, though the method (and the scale) of remuneration differs more or less. Anybody who sells anything, in the streets or in the shops, is begging in the sense of begging people to buy. Mr. Selfridge is begging people to buy; the Imperial International Universal Cosmic Stores is begging people to buy. The only possible definition of the actual beggar is not that he is begging people to buy, but that he has nothing to sell. Now, it is interesting to ask ourselves what the ​newspaper really meant, when it was so wildly illogical in what it said. Superficially and as a matter of mood or feeling, we can all guess what was meant. The writer meant that street musicians looked very much like beggars, because they wore thinner and dirtier clothes than his own; and that he had grown quite used to people who looked like that being treated anyhow and arrested for everything. That is a state of mind not uncommon among those whom economic security has kept as superficial as a varnish. But what was intellectually involved in his vague argument was more interesting. What he meant was, in that deeper sense, that it would be a great convenience if the law that punishes beggars could be stretched to cover people who are certainly not beggars, but who may be as much of a botheration as beggars. In other words, he wanted to use the mendicity laws in a matter quite unconnected with mendicity; but he wanted to use the old laws because it would save the trouble of making new laws—as the corkscrew would save the trouble of going to look for the tin-opener. And for this notion of the crooked and anomalous use of laws, for ends logically different from their own, he could, of course, find much support in the various sophists who have attacked reason in recent times. But, as I have said, it does not really save trouble; and it is becoming increasingly doubtful whether it will even save disaster. It used to be said that this rough-and-ready method made the country richer; but it will be found less and less consoling to explain why the country is richer when the country is steadily growing poorer. It will not comfort us in the hour of failure to listen to long ​and ingenious explanations of our success. The truth is that this sort of practical compromise has not led to practical success. The success of England came as the culmination of the highly logical and theoretical eighteenth century. The method was already beginning to fail by the time we came to the end of the compromising and constitutional nineteenth century. Modern scientific civilization was launched by logicians. It was only wrecked by practical men. Anyhow, by this time everybody in England has given up pretending to be particularly rich. It is, therefore, no appropriate moment for proving that a course of being consistently unreasonable will always lead to riches.
In truth, it would be much more practical to be more logical. If street musicians are a nuisance, let them be legislated against for being a nuisance. If begging is really wrong, a logical law should be imposed on all beggars, and not merely on those whom particular persons happen to regard as being also nuisances. What this sort of opportunism does is simply to prevent any question being considered as a whole. I happen to think the whole modern attitude towards beggars is entirely heathen and inhuman. I should be prepared to maintain, as a matter of general morality, that it is intrinsically indefensible to punish human beings for asking for human assistance. I should say that it is intrinsically insane to urge people to give charity and forbid people to accept charity. Nobody is penalized for crying for help when he is drowning; why should he be penalized for crying for help when he is starving? Every one would expect to have to help a man to save his life in a ​shipwreck; why not a man who has suffered a shipwreck of his life? A man may be in such a position by no conceivable fault of his own; but in any case his fault is never urged against him in the parallel cases. A man is saved from shipwreck without inquiry about whether he has blundered in the steering of his ship; and we fish him out of a pond before asking whose fault it was that he fell into it. A striking social satire might be written about a man who was rescued again and again out of mere motives of humanity in all the wildest places of the world; who was heroically rescued from a lion and skilfully saved out of a sinking ship; who was sought out on a desert island and scientifically recovered from a deadly swoon; and who only found himself suddenly deserted by all humanity when he reached the city that was his home.
In the ultimate sense, therefore, I do not myself disapprove of mendicants. Nor do I disapprove of musicians. It may not unfairly be retorted that this is because I am not a musician. I allow full weight to the fairness of the retort, but I cannot think it a good thing that even musicians should lose all their feelings except the feeling for music. And it may surely be said that a man must have lost most of his feelings if he does not feel the pathos of a barrel-organ in a poor street. But there are other feelings besides pathos covered by any comprehensive veto upon street music and minstrelsy. There are feelings of history, and even of patriotism. I have seen in certain rich and respectable quarters of London a notice saying that all street cries are forbidden. If there were a notice up to say that all old tombstones should ​be carted away like lumber, it would be rather less of an act of vandalism. Some of the old street cries of London are among the last links that we have with the London of Shakespeare and the London of Chaucer. When I meet a man who utters one I am so far from regarding him as a beggar; it is I who should be a beggar, and beg him to say it again.
But in any case it should be made clear that we cannot make one law do the work of another. If we have real reasons for forbidding something like a street cry, we should give the reasons that are real; we should forbid it because it is a cry, because it is a noise, because it is a nuisance, or perhaps, according to our tastes, because it is old, because it is popular, because it is historic and a memory of Merry England. I suspect that the subconscious prejudice against it is rooted in the fact that the pedlar or hawker is one of the few free men left in the modern city; that he often sells his own wares directly to the consumer, and does not pay rent for a shop. But if the modern spirit wishes to veto him, to harry him, or to hang, draw and quarter him for being free, at least let it so far recognize his dignity as to define him; and let the law deal with him in principle as well as in practice.