Poor law union

“ The policy of the Central Authority at this date, in short, deliberately excluded any use of the workhouse for the curative, reformatory, or educational treatment of any class whatsoever. There was only to be one institution in each Union for all classes of paupers. It was to be a place which, whilst it provided the full requirements of physical health, starved both the will and the intelligence, and forced the pauper into a condition of blank-mindedness. ”

“ Lastly, the qualification for a seat on a board of guardians might be removed and the position opened to working men. [4] The action of the poor-law has a very distinct effect on poverty, and intelligent experience is on the side of administration by rule rather than by sentiment. In poor-law unions, where it is known that ‘indoors’ all that is necessary for life will be provided, but that ‘outdoors’ nothing will be given, the poor feel they are under a rule which they can understand. ”

“ Vivid pictures have been painted of the tragic absurdity of endeavoring to collect fines from trade unionists by distraining on the goods of poor workmen whose union is without funds, and who are themselves penniless. The answer to that is that poverty-stricken unions, composed of penniless workers, are only too thankful to accept the decision of a State tribunal. They cannot strike against a powerful employer; much less can they hope to starve out a court of arbitration. ”

“ The exposure of the evils of the system, which was made in the report of the famous Poor Law Commission appointed in 1832, and the attempt to abolish them by the provisions of the Poor Law Amendment Act of 1834, ought to be studied by every citizen who desires to perform his full duty as a guardian of public interests, and especially by every individual whose sympathies lead him to undertake any practical effort for the amelioration of pauperism. ”

“ Art. I. It is the Congress, not this Court, that responds to the presures of political groups, pressures entirely proper in a free society. It is Congress, not this Court, that has the capacity to investigate the divergent considerations involved in the management of a complex national labor policy. And it is Congress, not this Court, that is elected by the people. This Court should, therefore, interject itself as little as possible into the law-making and law-changing process. Having given our view on the meaning of a statute, our task is concluded, absent extraordinary circumstances. ”

“ I wish I knew of any book or any man or woman who could tell me whether a Poor Law, even the very best, is on the whole a blessing or a curse, and how the "unemployed" can be chosen out for work of any useful or productive kind without injury to others equally deserving, and what are the just limits of State interference with personal liberty. The House of Lords puzzles me less. I would simply declare it, by Act of the House of Commons, injurious to the best interests of the nation and for ever dissolved. ”

“ And nowadays when we open the Courts to new applicants, and turn over great schemes of workmen’s compensation to judges to deal with, we want judges to work them who are in touch with the needs and lives of the working class, not necessarily folk who want to exalt the poor on to unreal pedestals and clothe them with impossible virtues, but people who know how near their faults and virtues are to those of the rest of mankind. ”

“ Now there is a great deal that might be done to make the law less harsh to the poor without any very elaborate legislation, and certainly without any of those absurd inquiries and commissions which are the stones the latter-day lawgivers throw at the poor when they ask for the bread of justice. ”

“ The system is therefore thoroughly vicious which makes the compensation of court officials depend upon the volume of such business, and thus creates a conflict between a proper execution of the law and private gain, which can not fail to be dangerous to the rights and freedom of the citizen and an irresistible temptation to the unjustifiable expenditure of public funds. ”

“ The poor are suffering to-day at the hands of the law because in the evolution of things we have a lot of old derelict law made by slaveowners for slaves, by masters for serfs, by the landlords for the landless. It is law that has no more relation to the wants of to-day, and would be of no more purpose to a Ministry of Justice—if we had one—than crossbows and arquebuses would be to the War Office, or coracles to the Admiralty. And, instead of cursing the judges, who, poor fellows, are doing their best, I wish our parliamentary masters would look into the history of the matter. ”

“ Court knows where it stands, but that is a far more easy statute to construe than anything the parliamentary draftsman turns out to-day. If we could get a short statute of one clause, “Thou shalt not cheat,” with an appropriate schedule containing a tariff of fines and imprisonment, I think magistrates could do a good deal to cleanse the cities of a great many low ruffians who make their living by swindling the poor and make the law as it stands their attorney to collect the spoils. ”

“ It would be most unfortunate for our social welfare if we should permit many honest and law-abiding citizens to feel that they had just cause for regarding our courts with hostility. I earnestly commend to the attention of the Congress this matter, so that some way may be devised which will limit the abuse of injunctions and protect those rights which from time to time it unwarrantably invades. Moreover, discontent is often expressed with the use of the process of injunction by the courts, not only in labor disputes, but where State laws are concerned. ”

“ In contradistinction to the scorpion-like laws which worked such injustice to the poor and which made a mockery of doctrines of equality before the law, the propertied interests endowed themselves, by their control of government, with invaluable exemptions and peculiarly profitable special privileges.
Even where, in civil cases, all men, theoretically, had an equal chance in courts of equity, litigation was made so expensive, whether purposely or not, that justice was really a one-sided pastime, in which the rich man could easily wear out the poor contestant. ”

“ It is shown in greatest force where the inequalities in the distribution of wealth are greatest, and it shows itself as they increase. If it be not a return to barbarism, what is it? The failures of justice to which I have alluded are only illustrative of the increasing debility of our legal machinery in every department. It is becoming common to hear men say that it would be better to revert to first principles and abolish law, for then in self-defense the people would form Vigilance Committees and take justice into their own hands. Is this indicative of advance or retrogression? ”

“ We would destroy or alter nothing in the Poor Law, or its administration, which is good and serviceable, but would amend it in those points in which it is working mischief to the labouring classes and loss and injury to the community. ”

“ What is more remarkable is to find even able subordinates of the Poor Law Commissioners talking as if they took this view. "It appears to me," wrote Sir Francis Head in 1835, "that we have no discretion allowed to us to deliberate whether the workhouse system is good or bad. Our Poor Law Amendment Act is physic which the legislature, in the character of physician, has prescribed to remedy an acknowledged evil. ”

“ I cannot and do not believe any law Congress has passed provides that when a man becomes a member of a labor union in this country he thereby has somehow surrendered his own freedom and liberty to conduct his own lawsuit for wages. ”

“ There is no more occasion for implying such a Congressional purpose where the union is prevented from functioning by punishment or injunction, for a violation of a valid state law, than for saying that Congress, by the National Labor Relations Act, intended to forbid the states to arrest and imprison a labor leader for the violation of any other valid state law, because that would prevent his or the union's functioning under the National Labor Relations Act. ”

“ He mocks the people who proposes that the Government shall protect the rich and that they in turn will care for the laboring poor. Any intermediary between the people and their Government or the least delegation of the care and protection the Government owes to the humblest citizen in the land makes the boast of free institutions a glittering delusion and the pretended boon of American citizenship a shameless imposition. ”

“ And as day by day the poor have more laws made to guide them into the way of righteousness, and more statutes are passed with the intention of making the life of the poor healthier, brighter, and better, and as, moreover, in this imperfect world the servants of the Evil One are always prowling round to cheat the poor of their rights, it would seem to follow that if Law Courts and litigation are to be the order of the day we must each of us have a panel lawyer to whom we can go when we want an injunction and our habeas corpus is not up to the mark. ”

“ In their case, it is clear, their retention in the class "pauper," and their relegation to the Poor Law Authority, is advocated, not for their own good. They are, it is suggested, to be accorded a treatment other than that which the State would otherwise afford to them—that is to say, they are to suffer the stigma of pauperism—merely in order "by expectation and example" to [354] deter other persons from taking advantage in their old age of the maintenance which the State affords. ”

“ The law, as I told you, left it entirely to the taste and fancy of the judges what evidence they should receive, and though nowadays all judges honestly endeavour, I think, not to carry out the law to the full extent of its cruelty, yet naturally different men hold different views of the rights and liabilities of the poor, and so there is no sort of equality in the treatment they receive in different districts. ”

“ It must be seen, and is seen, however, that the difference between the position of employer and employe, simply considering the latter as economically weaker, is not a justification for the violation of the rights of the former, and that individual rights cannot be made to yield to philanthropy, and therefore the welfare of the government is brought forward and displayed. The law saves the government, is the comment, from the burden of paupers, its administration and peace from the disturbance of criminals. ”

“ When a harsh and parsimonious law was substituted for one which was excellent in itself, but had been long and sadly misused; when poverty was first virtually pronounced criminal, and punished by statute; when the vices of the past, and the follies of rich magistrates, were visited upon the present generation, and upon the heads of the poor; when those whom God had joined together were put asunder by legislation, and when a deputy parliament, irresponsible directly to the people, was created to make laws and regulations for those who are denied a voice in the senate, or a vote at an election ”

“ In America grave popular discontent has arisen over the law-making propensities of judges and their bold refusal to carry out the intentions of the Legislature. We have no such widespread feeling in this country, nor are we likely to have, but, all the same, if we were to recognise the law-making power of our judges and openly discuss it and endeavour to define and limit it, there would be less fear in the future of a rupture between the people and the judges when futurist laws of far-reaching social reform come to be administered by the Courts. ”

“ There is, in fact, to-day, a sort of "No Man's Land" in Poor Law administration, in which the principles of 1834 have been de facto abandoned, without the principles of 1907 being consciously substituted. Owing to this lack of central direction, we find diversity without deliberation, indulgence without cure, and relief without discipline. ”

“ But the outbreak of the Civil War rendered the finding of work for the unemployed less necessary, and broke up the organisation established by the Book of Orders. There are no reports after 1640, and probably the special meetings of the justices were discontinued. The whole of the poor law was laxly administered and only in a few places did this provision for the unemployed outlast the Commonwealth. ”

“ Nowadays there is a tendency among the less discerning of mankind to set down all the rough edges and inequalities of the law to the fault of the judges, though in truth they have but a small part in the making of new laws, and I do not think they can be rightly blamed for harsh administration. ”

“ Such proposals as those mentioned above as advocated by the extreme labor leaders contain the vital error of being class legislation of the most offensive kind, and even if enacted into law I believe that the law would rightly be held unconstitutional. Moreover, the labor people are themselves now beginning to invoke the use of the power of injunction. ”

“ That body, instead of gladly accepting under proper arrangements, passed a series of abstract resolutions, to the effect "that this Board conceives that the payment by boards of guardians of wages in return for labour to poor persons chargeable or seeking to become chargeable upon the rates, or the holding themselves responsible for the providing of such labour for wages—thus impairing the self-reliance of the poor—is opposed to the whole spirit and intent of the Poor Law, and it is inexpedient both upon social and economical grounds." ”