In the large establishments of modern times, however, vast numbers of men were fellow-employees in the eyes of the law, and the doctrine of "common employment," as it was called, prevented the recovery of damages in so many cases as to attract widespread attention. From 1865 forward this provision of the law was frequently complained of by leaders of the workingmen and others, and as constantly upheld by the courts.

In 1876 a committee of the House of Commons on the relations of master and servant took evidence on this matter and recommended in its report that the common law be amended in this respect. Accordingly in 1880 an Employers' Liability Act was pa.s.sed which abolished the doctrine of "common employment" as to much of its application, and made it possible for the employee to obtain compensation for accidental injury in the great majority of cases.

In 1893 a bill was introduced in Parliament by the ministry of the time to abolish all deductions from the responsibility of employers, except that of contributory negligence on the part of workmen, but it was not pa.s.sed. In 1897, however, the "Workmen's Compensation Act" was pa.s.sed, changing the basis of the law entirely. By this Act it was provided that in case of accident to a workman causing death or incapacitating him for a period of more than two weeks, compensation in proportion to the wages he formerly earned should be paid by the employer as a matter of course, unless "serious and wilful misconduct"

on the part of the workman could be shown to have existed. The liability of employers becomes, therefore, a matter of insurance of workmen against accidents arising out of their employment, imposed by the law upon employers. It is no longer damages for negligence, but a form of compulsory insurance. In other words, since 1897 a legal, if only an implied part of the contract between employer and employee in all forms of modern industry in which accidents are likely to occur is that the employer insures the employee against the dangers of his work.

*72. Preservation of Remaining Open Lands.*--Turning from the field of manufacturing labor to that of agriculture and landholding it will be found that there has been some legislation for the protection of the agricultural laborer a.n.a.logous to the factory laws. The Royal Commission of 1840-1844 on trades then unprotected by law included a report on the condition of rural child labor, but no law followed until 1873, when the "Agricultural Children's Act" was pa.s.sed, but proved to be ineffective. The evils of "agricultural gangs," which were bodies of poor laborers, mostly children, engaged by a contractor and taken from place to place to be hired out to farmers, were reported on by a commission in 1862, and partly overcome by the "Agricultural Gangs Act" of 1867. There is, however, but little systematic government oversight of the farm-laboring cla.s.s.

Government regulation in the field of landholding has taken a somewhat different form. The movement of enclosing which had been in progress from the middle of the eighteenth century was brought to an end, and a reversal of tendency took place, by which the use and occupation of the land was more controlled by the government in the interest of the ma.s.ses of the rural population. By the middle of the century the process of enclosing was practically complete. There had been some 3954 private enclosure acts pa.s.sed, and under their provisions or those of the Enclosure Commissioners more than seven million acres had been changed from mediaeval to modern condition. But now a reaction set in. Along with the open field farming lands it was perceived that open commons, village greens, gentlemen's parks, and the old national forest lands were being enclosed, and frequently for building or railroad, not for agricultural uses, to the serious detriment of the health and of the enjoyment of the people, and to the destruction of the beauty of the country. The dread of interference by the government with matters that might be left to private settlement was also pa.s.sing away. In 1865 the House of Commons appointed a commission to investigate the question of open s.p.a.ces near the city of London, and the next year on their recommendation pa.s.sed a law by which the Enclosure Commissioners were empowered to make regulations for the use of all commons within fifteen miles of London as public parks, except so far as the legal rights of the lords of the manors in which the commons lay should prevent. A contest had already arisen between many of these lords of manors having the control of open commons, whose interest it was to enclose and sell them, and other persons having vague rights of pasturage and other use of them, whose interest it was to preserve them as open s.p.a.ces. To aid the latter in their legal resistance to proposed enclosures, the "Commons Preservation Society"

was formed in 1865. As a result a number of the contests were decided in the year 1866 in favor of those who opposed enclosures.

The first case to attract attention was that of Wimbledon Common, just west of London. Earl Spencer, the lord of the manor of Wimbledon, had offered to give up his rights on the common to the inhabitants of the vicinity in return for a nominal rent and certain privileges; and had proposed that a third of the common should be sold, and the money obtained for it used to fence, drain, beautify, and keep up the remainder. The neighboring inhabitants, however, preferred the s.p.a.cious common as it stood, and when a bill to carry out Lord Spencer's proposal had been introduced into Parliament, they contended that they had legal rights on the common which he could not disregard, and that they objected to its enclosure. The parliamentary committee practically decided in their favor, and the proposition was dropped.

An important decision in a similar case was made by the courts in 1870. Berkhamstead Common, an open stretch some three miles long and half a mile wide, lying near the town of Berkhamstead, twenty-five miles north of London, had been used for pasturing animals, cutting turf, digging gravel, gathering furze, and as a place of general recreation and enjoyment by the people of the two manors in which it lay, from time immemorial. In 1866 Lord Brownlow, the lord of these two manors, began making enclosures upon it, erecting two iron fences across it so as to enclose 434 acres and to separate the remainder into two entirely distinct parts. The legal advisers of Lord Brownlow declared that the inhabitants had no rights which would prevent him from enclosing parts of the common, although to satisfy them he offered to give to them the entire control over one part of it. The Commons Preservation Society, however, advised the inhabitants differently, and encouraged them to make a legal contest. One of their number, Augustus Smith, a wealthy and obstinate man, a member of Parliament, and a possessor of rights on the common both as a freeholder and a copyholder, was induced to take action in his own name and as a representative of other claimants of common rights. He engaged in London a force of one hundred and twenty laborers, sent them down at night by train, and before morning had broken down Lord Brownlow's two miles of iron fences, on which he had spent some 5000, and piled their sections neatly up on another part of the common. Two lawsuits followed: one by Lord Brownlow against Mr. Smith for trespa.s.s, the other a cross suit in the Chancery Court by Mr. Smith to ascertain the commoner's rights, and prevent the enclosure of the common. After a long trial the decision was given in Mr. Smith's favor, and not only was Berkhamstead Common thus preserved as an open s.p.a.ce, but a precedent set for the future decision of other similar cases. Within the years between 1866 and 1874 dispute after dispute a.n.a.logous to this arose, and decision after decision was given declaring the illegality of enclosures by a lord of a manor where there were claims of commoners which they still a.s.serted and valued and which could be used as an obstacle to enclosure. Hampstead Heath, Ashdown Forest, Malvern Hills, Plumstead, Tooting, Wandsworth, Coulston, Dartford, and a great many other commons, village greens, roadside wastes, and other open s.p.a.ces were saved from enclosure, and some places were partly opened up again, as a result either of lawsuits, of parliamentary action, or of voluntary agreements and purchase.

Perhaps the most conspicuous instance was that of Epping Forest. This common consisted of an open tract about thirteen miles long and one mile wide, containing in 1870 about three thousand acres of open common land. Enclosure was being actively carried on by some nineteen lords of manors, and some three thousand acres had been enclosed by rather high-handed means within the preceding twenty years. Among the various landowners who claimed rights of common upon a part of the Forest was, however, the City of London, and in 1871 this body began suit against the various lords of manors under the claim that it possessed pasture rights, not only in the manor of Ilford, in which its property of two hundred acres was situated, but, since the district was a royal forest, over the whole of it. The City asked that the lords of manors should be prevented from enclosing any more of it, and required to throw open again what they had enclosed during the last twenty years. After a long and expensive legal battle and a concurrent investigation by a committee of Parliament, both extending over three years, a decision was given in favor of the City of London and other commoners, and the lords of manors were forced to give back about three thousand acres. The whole was made permanently into a public park. The old forest rights of the crown proved to be favorable to the commoners, and thus obtained at least one tardy justification to set against their long and dark record in the past.

In 1871, in one of the cases which had been appealed, the Lord Chancellor laid down a principle indicating a reaction in the judicial att.i.tude on the subject, when he declared that no enclosure should be made except when there was a manifest advantage in it; as contrasted with the policy of enclosing unless there was some strong reason against it, as had formerly been approved. In 1876 Parliament pa.s.sed a law amending the acts of 1801 and 1845, and directing the Enclosure Commissioners to reverse their rule of action in the same direction.

That is to say, they were not to approve any enclosure unless it could be shown to be to the manifest advantage of the neighborhood, as well as to the interest of the parties directly concerned. Finally, in 1893, by the Commons Law Amendment Act, it was required that every proposed enclosure of any kind should first be advertised and opportunity given for objection, then submitted to the Board of Agriculture for its approval, and this approval should only be given when such an enclosure was for the general benefit of the public. No desire of a lord of a manor to enclose ground for his private park or game preserve, or to use it for building ground, would now be allowed to succeed. The interest of the community at large has been placed above the private advantage and even liberty of action of landholders.

The authorities do not merely see that justice is done between lord and commoners on the manor, but that both alike shall be restrained from doing what is not to the public advantage. Indeed, Parliament went one step further, and by an order pa.s.sed in 1893 set a precedent for taking a common entirely out of the hands of the lord of the manor, and putting it in the hands of a board to keep it for public uses. Thus not only had the enclosing movement diminished for lack of open farming land to enclose, but public opinion and law between 1864 and 1893 interposed to preserve such remaining open land as had not been already divided. Whatever land remained that was not in individual ownership and occupancy was to be retained under control for the community at large.

*73. Allotments.*--But this change of att.i.tude was not merely negative.

There were many instances of government interposition for the encouragement of agriculture and for the modification of the relations between landlord and tenant. In 1875, 1882, and 1900 the "Agricultural Holdings Acts" were pa.s.sed, by which, when improvements are made by the tenant during the period in which he holds the land, compensation must be given by the landlord to the tenant when the latter retires.

No agreement between the landlord and tenant by which the latter gives up this right is valid. This policy of controlling the conditions of landholding with the object of enforcing justice to the tenant has been carried to very great lengths in the Irish Land Bills and the Scotch Crofters' Acts, but the conditions that called for such legislation in those countries have not existed in England itself.

There has been, however, much effort in England to bring at least some land again into the use of the ma.s.ses of the rural population. In 1819, as part of the administration of the poor law, Parliament pa.s.sed an act facilitating the leasing out by the authorities of common land belonging to the parishes to the poor, in small "allotments," as they were called, by the cultivation of which they might partially support themselves. Allotments are small pieces of land, usually from an eighth of an acre to an acre in size, rented out for cultivation to poor or working-cla.s.s families. In 1831 parish authorities were empowered to buy or enclose land up to as much as five acres for this purpose. Subsequently the formation of allotments began to be advocated, not only as part of the system of supporting paupers, but for its own sake, in order that rural laborers might have some land in their own occupation to work on during their spare times, as their forefathers had during earlier ages. To encourage this plan of giving the ma.s.s of the people again an interest in the land the "Allotments and Small Holdings a.s.sociation" was formed in 1885. Laws which were pa.s.sed in 1882 and 1887 made it the duty of the authorities of parishes, when there seemed to be a demand for allotments, to provide all the land that was needed for the purpose, giving them, if needed, and under certain restrictions, the right of compulsory purchase of any particular piece of land which they should feel to be desirable.

This was to be divided up and rented out in allotments from one quarter of an acre to an acre in size. By laws pa.s.sed in 1890 and 1894 this plan of making it the bounden duty of the local government to provide sufficient allotments for the demand, and giving them power to purchase land even without the consent of its owners, was carried still further and put in the hands of the parish council. The growth in numbers of such allotments was very rapid and has not yet ceased.

The approximate numbers at several periods are as follows:--

1873 246,398 1888 357,795 1890 455,005 1895 579,133

In addition to those formed and granted out by the public local authorities, many large landowners, railroad companies, and others have made allotments to their tenants or employees. Large tracts of land subdivided into such small patches are now a common sight in England, simulating in appearance the old open fields of the Middle Ages and early modern times.

*74. Small Holdings.*--Closely connected with the extension of allotments is the movement for the creation of "small holdings," or the reintroduction of small farming. One form of this is that by which the local authorities in 1892 were empowered to buy land for the purpose of renting it out in small holdings of not more than fifteen acres each to persons who would themselves cultivate it.

A still further and much more important development in the same direction is the effort to introduce "peasant proprietorship," or the ownership of small amounts of farming land by persons who would otherwise necessarily be mere laborers on other men's land. There has been an old dispute as to the relative advantages of a system of large farms, rented by men who have some considerable capital, knowledge, and enterprise, as in England; and of a system of small farms, owned and worked by men who are mere peasants, as in France. The older economists generally advocated the former system as better in itself, and also pointed out that a policy of withdrawal by government from any regulation was tending to make it universal. Others have been more impressed with the good effects of the ownership of land on the mental and moral character of the population, and with the desirability of the existence of a series of steps by which a thrifty and ambitious workingman could rise to a higher position, even in the country. There has, therefore, since the middle of the century, been a widespread agitation in favor of the creation of smaller farms, of giving a.s.sistance in their purchase, and of thus introducing a more mixed system of rural land occupancy, and bringing back something of the earlier English yeoman farming.

This movement obtained recognition by Parliament in the Small Holdings Act of 1892, already referred to. This law made it the duty of each county council, when there seemed to be any sufficient demand for small farms from one to fifty acres in size, to acquire in any way possible, though not by compulsory purchase, suitable land, to adapt it for farming purposes by fencing, making roads, and, if necessary, erecting suitable buildings; and then to dispose of it by sale, or, as a matter of exception, as before stated, on lease, to such parties as will themselves cultivate it. The terms of sale were to be advantageous to the purchaser. He must pay at least as much as a fifth of the price down, but one quarter of it might be left on perpetual ground-rent, and the remainder, slightly more than one-half, might be repaid in half-yearly instalments during any period less than fifty years. The county council was also given power to loan money to tenants of small holdings to buy from their landlords, where they could arrange terms of purchase but had not the necessary means.

Through the intervention of government, therefore, the strict division of those connected with the land into landlords, tenant farmers, and farm laborers has been to a considerable extent altered, and it is generally possible for a laborer to obtain a small piece of land as an allotment, or, if more ambitious and able, a small farm, on comparatively easy terms. In landholding and agriculture, as in manufacturing and trade, government has thus stepped in to prevent what would have been the effect of mere free compet.i.tion, and to bring about a distribution and use of the land which have seemed more desirable.

*75. Government Sanitary Control.*--In the field of buying and selling the hand of government has been most felt in provisions for the health of the consumer of various articles. Laws against adulteration have been pa.s.sed, and a code of supervision, registry, and enforcement constructed. Similarly in broader sanitary lines, by the "Housing of the Working Cla.s.ses Act" of 1890, when it is brought to the attention of the local authorities that any street or district is in such a condition that its houses or alleys are unfit for human habitation, or that the narrowness, want of light or air, or bad drainage makes the district dangerous to the health of the inhabitants or their neighbors, and that these conditions cannot be readily remedied except by an entire rearrangement of the district, then it becomes the duty of the local authorities to take the matter in hand. They are bound to draw up and, on approval by the proper superior authorities, to carry out a plan for widening the streets and approaches to them, providing proper sanitary arrangements, tearing down the old houses, and building new ones in sufficient number and suitable character to provide dwelling accommodation for as many persons of the working cla.s.s as were displaced by the changes. Private rights or claims are not allowed to stand in the way of any such public action in favor of the general health and well-being, as the local authorities are clothed by the law with the right of purchase of the land and buildings of the locality at a valuation, even against the wishes of the owners, though they must obtain parliamentary confirmation of such a compulsory purchase. Several acts have been pa.s.sed to provide for the public acquisition or building of workingmen's dwellings. In 1899 the "Small Dwellings Acquisition Act" gave power to any local authority to loan four-fifths of the cost of purchase of a small house, to be repaid by the borrower by instalments within thirty years.

Laws for the stamping out of cattle disease have been pa.s.sed on the same principle. In 1878, 1886, 1890, 1893, and 1896 successive acts were pa.s.sed which have given to the Board of Agriculture the right to cause the slaughter of any cattle or swine which have become infected or been subjected to contagious diseases; Parliament has also set apart a sufficient sum of money and appointed a large corps of inspectors to carry out the law. Official a.n.a.lysts of fertilizers and food-stuffs for cattle have also since 1893 been regularly appointed by the government in each county. Adulteration has been taken under control by the "Sale of Food and Drugs Act" of 1875, with its later amendments and extensions, especially that of 1899.

*76. Industries Carried on by Government.*--In addition to the regulation in these various respects of industries carried on by private persons, and intervention for the protection of the public health, the government has extended its functions very considerably by taking up certain new duties or services, which it carries out itself instead of leaving to private hands.

The post-office is such an old and well-established branch of the government's activity as not in itself to be included among newly adopted functions, but its administration has been extended since the middle of the century over at least four new fields of duty: the telegraph, the telephone, the parcels post, and the post-office savings-bank.

The telegraph system of England was built up in the main and in its early stages by private persons and companies. After more than twenty-five years of compet.i.tive development, however, there was widespread public dissatisfaction with the service. Messages were expensive and telegraphing inconvenient. Many towns with populations from three thousand to six thousand were without telegraphic facilities nearer than five or ten miles, while the offices of competing companies were numerous in busy centres. In 1870, therefore, all private telegraph companies were bought up by the government at an expense of 10,130,000. A strict telegraphic monopoly in the hands of the government was established, and the telegraph made an integral part of the post-office system.

In 1878 the telephone began to compete with the telegraph, and its relation to the government telegraphic monopoly became a matter of question. At first the government adopted the policy of collecting a ten per cent royalty on all messages, but allowed telephones to be established by private companies. In the meantime the various companies were being bought up successively by the National Telephone Company which was thus securing a virtual monopoly. In 1892 Parliament authorized the Postmaster General to spend 1,000,000, subsequently raised to 1,300,000, in the purchase of telephone lines, and prohibited any private construction of new lines. As a result, by 1897 the government had bought up all the main or trunk telephone lines and wires, leaving to the National Telephone Company its monopoly of all telephone communication inside of the towns. This monopoly was supposed to be in its legal possession until 1904, when it was antic.i.p.ated that the government would buy out its property at a valuation. In 1898, however, there was an inquiry by Parliament, and a new "Telegraph Act" was pa.s.sed in 1899. The monopoly of the National Company was discredited and the government began to enter into compet.i.tion with it within the towns, and to authorize local governments and private companies under certain circ.u.mstances to do the same. It was provided that every extension of an old company and every new company must obtain a government license and that on the expiring of this license the plant could be bought by the government.

In the meantime the post-office authorities have power to restrict rates. An appropriation of 2,000,000 was put in the hands of the Postmaster General to extend the government telephone system. It seems quite certain that by 1925, at latest, all telephones will be in the hands of the government.

The post-office savings-bank was established in 1861. Any sum from one shilling upward is accepted from any depositor until his deposits rise to 50 in any one year, or a total of 200 in all. It presents great attractions from its security and its convenience. The government through the post-office pays two and one-half per cent interest. In 1870 there was deposited in the post-office savings-banks approximately 14,000,000, in 1880 31,000,000, and ten years later 62,000,000. In 1880 arrangements were made by which government bonds and annuities can be bought through the post-office. In 1890 some 4,600,000 was invested in government stock in this way.

The parcels post was established in 1883. This branch of the post-office does a large part of the work that would otherwise be done by private express companies. It takes charge of packages up to eleven pounds in weight and under certain circ.u.mstances up to twenty-one pounds, presented at any branch post-office, and on prepayment of regular charges delivers them to their consignees.

In these and other forms each year within recent times has seen some extension of the field of government control for the good of the community in general, or for the protection of some particular cla.s.s in the community, and there is at the same time a constant increase in the number and variety of occupations that the government undertakes.

Instead of withdrawing from the field of intervention in economic concerns, and restricting its activity to the narrowest possible limits, as was the tendency in the last period, the government is constantly taking more completely under its regulation great branches of industry, and even administering various lines of business that formerly were carried on by private hands.

*77. BIBLIOGRAPHY*

Jevons, Stanley: _The State in Relation to Labor_.

"Alfred" (Samuel Kydd): _The History of the Factory Movement from the Year 1802 to the Enactment of the Ten Hours Bill in 1847_.

Von Plener, E.: _A History of English Factory Legislation_.

Cooke-Taylor, R. W.: _The Factory System and the Factory Acts_.

Redgrave, Alexander: _The Factory Acts_.

Shaftesbury, The Earl of: _Speeches on Labour Questions_.

Birrell, Augustine: _Law of Employers' Liability_.

Shaw-Lefevre, G.: _English Commons and Forests_.

Far the best sources of information for the adoption of the factory laws, as for other nineteenth-century legislation, are the debates in Parliament and the various reports of Parliamentary Commissions, where access to them can be obtained. The early reports are enumerated in the bibliography in Cunningham's second volume. The later can be found in the appropriate articles in Palgrave's _Dictionary_. For recent legislation, the action of organizations, and social movements generally, the articles in _Hazell's Annual_, in its successive issues since 1885, are full, trustworthy, and valuable.

CHAPTER X

THE EXTENSION OF VOLUNTARY a.s.sOCIATION

Trade Unions, Trusts, And Cooperation

*78. The Rise of Trade Unions.*--One of the most manifest effects of the introduction of the factory system was the intensification of the distinction between employers and employees. When a large number of laborers were gathered together in one establishment, all in a similar position one to the other and with common interests as to wages, hours of labor, and other conditions of their work, the fact that they were one h.o.m.ogeneous cla.s.s could hardly escape their recognition. Since these common interests were in so many respects opposed to those of their employers, the advantages of combination to obtain added strength in the settlement of disputed questions was equally evident.

As the Statute of Apprentices was no longer in force, and freedom of contract had taken its place, a dispute between an employer and a single employee would result in the discharge of the latter. If the dispute was between the employer and his whole body of employees, each one of the latter would be in a vastly stronger position, and there would be something like equality in the two sides of the contest.