The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-03-12
English Enctory LEGISLATION.


counter tendencies have not been inactive,
and at this moment the government of the
English nation attcsts in several directions
the influence of the spirit of interference
and Capitalization. An instance well worth
notice IL the elaborate character Of the ex-
listing factory legislation.
The original design and scope of English
factory legislation were exclusively moral
and sanitary. The first step taken in 500 was
not defended by argument, but urged upon
sentimental grounds. IL was specifically
called "rhe Health and Morals act" and
applied solely to apprentices in mills whose
condition unqucstionnbly required ameliora-
ton. But with the next important piece of
legislation, the statute known az Lord AL
THoRPs Factory act Of 1892, we find the
basis If operations completely shifted from
the temporary necessity of providing Tor the
health and morals Of certain persons, to the
permanent duty Of abridging their hours of
labor and incidentally Of so promoting their
health and, now for the first time, their
education. Besides introducing the princi-
pie of compulsory education, all children
being required to attend school two
hours " day the scope of the law was
greatly widencd. 1t applied TO almost all
textile industries, and forbade work for more
than twelve hours day 10 all persons under
eighteen years of age, and for more than
nine hours to all persons under thirteen
years and over nine. Succeeding Factory
acts went further, and brought within their
action all adult women as well as young
persons, the word factory, moreover, now
covering every species of manufacture car
ricd on in a building whore fifty or more
hands are employed. Parallel, meanwhile
with this legislation, was developed another
series Of statutes known as the Workshop
acts, and extending the same principles Of
protection supervision, and compulsory ed
ucation TO every kind Of handicraft and to
any Groom or place whatever in the open
air or under cover in which any handlcraft
is carried ON by any child, young person, or
woman, and to which the employer has the
right OF access and control"
Contemporary with this extension Of fac
tory and workshop law there was naturally
a correspondent expansion Of admnistra-
tive machinery. The four inspectors origin
ally appointed We're presently supplemented
10y ,ub-in-pcctors, these again by assistant
inspectors so-callcd, and the latter finally
10y Il fourth category of junior ub-inspec
tors. In short, the history Of English lcgis-
latlOn On this subject up to a recent time was
one of continual encroachment upon an in
creasing variety Of industries. cOincidcnt
with increasing expense in the management
of factory inspection. Meanwhile, too,
the grounds OF sentiment on which the
early statutes werc advocated had been
abandoned for aNowed and extremely
plausible theories. 1t was pointed out
that adult mon possessed a barrier against
the suicidal effects Of competition in
the counter force Of combination; but that,
for Obvious reasons, women and young per-
SONS were less able to avail themselves OF
this resource. There was truth in this viow,
but once accepted as justification Of gov
eminent Interference, and the logical sequel
was soon apparent From the time. how
ever, that it was authoritatyely proposed
to subject agriculture TO similar control,
and to regulate the hours for the retail sale
Of commodities as we'll as for their produce
ton, it was seen that the whole question
must be reconsdcred, and accordingly a
royal commission was empowered 10 inquire
into the working Of the above named acts.
with an eye to their consolidation and
amendment
Tho report of this commission has now
been published, and 1t is to be noted that
they exclude agriculture from their scheme
Of consolidation. But why2 Because agll-
culture. IN their opinion, should be- classod
with wandering occupations, not on the
ground that the regulation Of the hours Of
labor and the enforcement of education are
acts out side a rigorous conception of the
functions of legislation, and therefore
to be warily and sparingly performed.
Moreover, if the question Of definite
promises and facilities for administers
ing the law should prove decisive, it
is hard 10 reconcile such principles
of classification with the Commss toner's
conclusion respecting the labor Of retail
shops. Az regards hardship, too, itapponrs
that shop women are often employed eighty
five and sometimes a hundred hours a week
against sixty 10 feiXty-lvc hours in iacto-
res and places where handicrafts are ok
crcisod. No doubt some excellent reasons
are adduced why the employment Of women
| In shops should not be intericred with, but
manyof these apply with equal cogcncy to
Government Intervention in work rooms and
! factories. The feature Of the report TO which
We would specially direct attention as sig
nicant Of aneNistug tendency among Eng
/ h-h Legislators IL this that the one obvious
criterion to which We should resort in the
| United States, namely, that of urgent, inn
/ periou- necessity, l. nowhere distinctly
recognized. We note another sign Of cen
/ tralHation in the comparative Indifference
! t. the expense entailcd by these protective
statutes the Commissioners think that AN
the places subject to inspection undor the
proposed consolidated act viii not exceed
100000, hut the numbor Is eslma,ed by utirt
competent judges at half million. In any
case it is evident that the oXocutionof the
lass VIII impose no light burden on IN liz
tional treasury
Now, whatever Wow we may hold of the
limits which ought to crcum riho the law
making power, the fact remains that in the
legislation above outlined England has Dor
roWod a leaf from the so-cnllol pateuul
governments Of the Continent. We may add
that their principles have been applied with
adi-intrrostedncss OF purpose, but also with
an unhesitating, almost reckless thorough