Chapter XXI: Appendix

The following Table of Factory Legislation is constructed to illustrate the lines along which State protection of labour has advanced in this century in England. Four laws of development are clearly discernible:--

1. Movement along the line of strongest human feeling. Weakest
workers are protected first, pauper children who are the
least "free" parties in a contract, then protection
advances to other children, young persons, women, men.

2. Protective legislation moves from the more highly organised
to the less highly organised structures of industry.
Cotton-mills are sole subjects of earliest Factory Acts,
then woollen, then other textile trades, trades subsidiary
to textile industries, non-textile factories, larger
workshops, domestic workshops, retail trade, domestic
service.

3. Growing complexity of aims and of legislative machinery.
Primarily Factory Acts aim at regulation of quantity of
labour. Reductions of the working-day forms a backbone of
this legislation. A twelve-hour day, ten, nine, eight,
covering wider classes of workers and applied to a larger
number of industries, marks the line of movement. With each
advance the basis of protection is broadened, other
considerations of machine-fencing, sanitation, education,
etc., entering more largely into the Acts.

4. Increased effectiveness of legislation with growth of
centralised control. Local initiative and control proves
ineffective, yields to State inspection, the number of
inspectors growing, and their power increasing. Improvements
in the mechanism of central control, an increased number of
inspectors, working men and women inspectors, are the
distinguishing features of recent State protection of
labour.

LEADING POINTS IN THE DEVELOPMENT OF FACTORY LEGISLATION.

-----+-------------------+--------------+------------------------+
| | Class of | |
| Industries | Workers | Nature of |
Date.| affected. | chiefly | Regulations. |
| | protected. | |
-----+-------------------+--------------+------------------------+
1802 | Cotton and 'other | Apprenticed | 12 Hours Day. |
| mills' (applied | Pauper | Night-work regulated. |
| exclusively to | Children. | Education, sanitation. |
| cotton). | | |
| | | |
1819}| Do. | Children | Prohibition of work |
1820}| Do. | (not | under 9 years. Young |
| | Paupers). | persons (under 16) a |
| | | 12 hour day. |
| | | Regulation for |
| | | meal-time. Amendment |
| | | of 1802 Act. |
| | | |
1825 | Do. | Do. | Shortened Saturday |
| | | labour. Penalties |
| | | provided for breach |
| | | of Factory |
| | | Regulations. |
| | | |
| | | |
1833}| All Textile | Children | 48 Hours Week for |
1834}| Industries. | and Young | Children (9-13), 69 |
| | Persons. | Hours for Young |
| | | Persons (13-18). |
| | | Prohibits night-work |
| | | for Young Persons. |
| | | Children in Silk Mills,|
| | | 10 Hours Day. |
| | | |
1842 | Mines. | Children and | No underground |
| | Women. | work. |
| | | |
1844}| | Children, | Factory Acts applied. |
to }| Printworks. | Young | 'False relay' system |
1846}| | Persons, | for children checked. |
| | Women. | 6-1/2 Hours Day for |
| | | Children. Female Young |
| | | Persons age raised to |
| | | 21. 12 Hours Day for |
| | | Women. No night-work |
| | | for women. |
| | | |
1847}| Textile Factories,| Do. | 10 Hours Day, |
to }| Printworks, etc. | | afterwards 10-1/2 |
1850}| | | Hours Day for Young |
| | | Persons and Women, |
| | | practically for Men. |
| | | |
1860 | Bleaching and | Do. | Do., with special |
| Dyeing. | | regulations for |
| | | overtime. |
| | | |
1860 | Coal and Iron | All | Restriction on male |
| Mines. | Workers. | labour under 12. |
| | | Safety, ventilation, |
| | | etc. |
1863 | Finishing | Children, |} |
| processes in | Young |} |
| Bleaching and | Persons, |} |
| Dyeing, | Women. |} |
| Bakehouses, Alkali| |} |
| Works. | |} |
| | |} |
1864 | Non-textile | Do. |} Factory Acts |
| Factories, | |} generally |
| (Earthenware, | |} applied. |
| Fustian Cutting, | |} |
| Cartridges, | |} |
| Lucifer Matches, | |} |
| Paper-staining). | |} |
| | | |
1867 | All Factories | Do. | Factory Acts Extension |
| & Workshops. | | Act. Workshops |
| | | Regulation Act, |
| | | applying to Workshops. |
| | | Factory rules affecting|
| | | hours, education, etc. |
| | | in modified form. |
| | | |
1867 | Agriculture. | Children, | Act for Suppression of |
| | Women. | Agricultural Gangs |
| | | fixing minimum age at |
| | | 8, regulating |
| | | employment of Women. |
| | | |
1870 | Printworks, | Children, | Application of chief |
| Bleaching, | Young | provisions of 1867 |
| Dyeing. | Persons, | Factory Act. |
| | Women. | |
| | | |
1871 | Brickworks and | Children and | Forbids employment. |
| Fields. | Young Female | Improved conditions |
| | Persons. | for Women. |
| | | |
1873 | Agriculture. | Children. | Minimum age raised |
| | | to 10. |
| | | |
1878 | Factories, | Children, | Consolidation of |
| Workshops, | Young | Factories & |
| Agriculture. | Persons, | Workshops Act |
| | Women, | (extending some |
| | (incidentally| provisions to |
| | Men). | agriculture). |
| | | |
1891 | Do. | Do. | Amendment of Factories |
| | | & Workshops Act. Age |
| | | for Children raised to |
| | | 11. Protection in |
| | | dangerous trades. |
| | | |
1892 | Shops. | Children, | Limits working-day. |
| | Young | |
| | Persons. | |
| | | |
1893 | Various | All | Restrictions on |
| Trades. | workers. | dangerous trades. |
| | | |
| | | |
1893 | Railways. | Adult males | Restrictions on |
| | | hours of labour. |
| | | |

-----+---------------------+----------------
| |
| Mode of | Effectiveness.
Date.| Administration. |
| |
-----+---------------------+----------------
1802 | Local Justices | Virtually
| to appoint | inoperative.
| visitors. |
| |
| |
1819}| Do. | Do.
1820}| |
| |
| |
| |
| |
| |
| |
1825 | Do. | Generally
| (Millowners and | evaded.
| relatives prevented |
| from acting on the |
| Bench in reference |
| to Factory Acts.) |
| |
1833}| Government | 1 out of every 11
1834}| Inspectors (4). | millowners convicted
| | in 1834, in spite
| | of defiant attitude
| | of magistrates.
| |
| |
| |
| |
1842 | Mine Inspectors. |
| |
| |
1844}| Government | Improved
to }| Inspectors. | administration,
1846}| | but 'false
| | relay' system
| | reestablished.
| | Fines inadequate.
| |
| |
| |
| |
1847}| Increased Staff of | Largely defied or
to }| Government | evaded for some
1850}| Inspectors. | time.
| |
| |
| |
1860 | |
| |
| |
| |
1860 | Mine |
| Inspectors. |
| |
| |
1863 | |
| |
| |
| |
| |
| |
| |
1864 | |
| |
| |
| |
| |
| |
| |
| |
1867 | Workshops Act left | Workshops Act
| at first to local | dead letter in
| authorities, | 1868-69.
| brought under | Later, fines
| Factory Inspectors, | inadequate.
| 1871. | Inspectors
| | inadequate.
| |
1867 | |
| |
| |
| |
| |
| |
1870 | |
| |
| |
| |
| |
1871 | |
| |
| |
| |
1873 | |
| |
| |
1878 | Increased |
| Staff of |
| Inspectors. |
| |
| |
| |
| |
1891 | Board of Trade |
| power to |
| schedule |
| dangerous |
| trades. |
| |
1892 | |
| |
| |
| |
1893 | Appointment of |
| working men and |
| women Inspectors. |
| |
1893 | Increased number of |
| Inspectors. |
| |

FOOTNOTES:

[239] The figures for the periods 1841 to 1881 are drawn from Mr. Charles Booth's _Occupations of the People_. The figures for 1891 are drawn from the Census Report, and arranged as nearly as possible in accordance with Mr. Booth's classification.

[240] Here also the figures for 1891 give a result slightly divergent from the above. While the number of women employed continues to increase, reaching 691,441, the number of men employed are greater than in 1881, amounting to 408,392, a large proportionate increase, though less than that of the women.

[241] The recent statistics of tailoring and shoemaking, which are becoming more and more machine industries, mark this movement strongly. In the tailoring trade, while male workers increase from 107,668 in 1881 to 119,496 in 1891, female workers increase from 52,980 to 89,224. In the boot and shoe trade, while men increase from 180,884 to 202,648, women increase from 35,672 to 46,141. In Leicestershire and Northamptonshire, where boots and shoes are a machine-industry, 40 women are employed to 100 men, though the proportion for the whole industry is only 23 women to 100 men.

[242] _Report to Commission of Labour on Employments of Women_, pp. 142, 146.

[243] Quoted Wells, _Contemporary Review_, 1887, p. 392.

[244] Marsden, _Cotton Spinning_, p. 296, etc. S. Andrew, _Fifty Years Cotton Trade_, p. 7.

[245] This fourfold classification--(1) manual, (2) routine-mental, (3) artistic, (4) intellectual--is a serviceable suggestion of Mr. Sidney Webb in his paper upon woman's wages (_Economic Journal_, vol. i., 1881).

[246] _Report to Commission of Labour on Employment of Women_, p. 141.

[247] Webb, _Economic Journal_, vol. i. p. 658.

[248] I am informed, however, in Lancashire, that the strongest and ablest male workers will not undertake weaving, finding it tedious and monotonous.

[249] Women sometimes abuse the superior competitive powers contained in their lower standard of subsistence, and the smaller number of those dependent on them, to undersell male labour. In Sheffield file-making, where women are paid the same list of prices as men, it is said that they practise sweating in their homes to the detriment of male workers. So in carpet-weaving at Halifax; recently when the men struck against a reduction upon their wage of 35s., women took the work at 20s. (Lady Dilke, "Industrial Position of Women," _Nineteenth Century_, Oct. 1893.) In watch-making, "the hand-work for which men were paid about 18s. a-week is now done by women with machinery for about 12s." (_Report to Labour Commission on Women's Employments_, p. 146.)

[250] Dr. Bertillon (_Journal de la Societe de Statistique de Paris_, Oct.-Nov. 1892) shows that among the Lyons silkworkers (1872-89) and in the Italian Societies (1881-85) the sickness of women is considerably greater than of men. In Lyons 9.39 days as compared with 7.81 for men; in Italy 8.5 as compared with 6.6.

[251] This holds, for example, of many branches of the fur, trimmings, stays, umbrella, match-box trades, and the "finishing" departments of the trousers and shirt trades in East London. Cf. Miss Collet in _Labour and Life of the People_, vol. i.

[252] In the United States the general standard of money wages for working women in cities is considerably higher than in England. The average wage throughout the country was recently estimated to amount to $5.24 per week, or just under 21s. But the divergences from this average are much wider than in England. The lowest wages fall almost to the lowest English level, for some 3 per cent. of the number averaged were earning less than 8s. a week. About 20 per cent. were earning between 14s. and 19s. per week. The earnings in the chief textile industries show wide variations, yielding, however, a rough average of about 20s. weekly wages in cotton mills, and about 22s. in woollen mills. A general comparison would yield a standard of some 15s. as the customary wage corresponding to the 10s. in England (_Report of the Commissioner of Labour_, 1888, chap. iii. and Table xxix.). Some allowance, however, must be made for the more expensive living in American cities. However, in spite of the fact that organised action is almost unknown among women workers in America, the real wages are higher than in England. This is partly owing to the general insistence upon a higher standard of consumption, partly to the fact that a larger number of employments are open to women than in England, and partly to the higher skill and intelligence they put into their work. Thus the maximum wage, measured by productivity, is higher, the minimum, measured by "wants," is higher, while the terms of competition do not so generally keep down actual wages to the minimum.

[253] _Labour and Life of the People_, vol. i. p. 410.

[254] It must, however, be borne in mind that the results of such a policy followed by Lancashire, or any other single part of the textile industry of the world, would be qualified or even negatived if the example was not followed by their competitors.

[255] This effect of industrial opportunities for women and children in promoting early and more fruitful marriages is also illustrated in Lancashire; the average family of the factory operative is considerably higher than the average for the working classes as a whole.

[256] Gunton, _Wealth and Progress_, p. 169.

[257] _Report of the Statistics of Labour_, p. 71.

[258] Dr. Smart has a valuable treatment of the subject in his pamphlet, _Women's Wages_, pp. 22-25.

[259] _Labour and Life of the People_, vol. i. p. 469.

[260] _Labour and Life of the People_, vol. i. p. 460.

[261] _Ibid._, vol. i. p. 459; cf. also p. 469.

[262] Smart, _Woman's Wages_, p. 23.

[263] In some cases where women are found getting the same rate of wages as men, the industry is a woman's industry in which a few lower-skilled or inferior male workers are employed. The woman's scale dominates, the men who are employed descending to it. This is the case in some weaving trades where men work still almost entirely with hand-looms, leaving women with a practical monopoly of power-loom work. (_Report of Woollen Manufactures in Miscellaneous English Towns_, pp. 98, 99.) Where both men and women are freely engaged in the same class of work, the men are always (save in the area of the Lancashire trade unions) paid at higher rates: where the same rates are paid they are determined upon the woman's scale. The comparison between Huddersfield and other cloth-making towns in Yorkshire establishes this point. "In the cloth mills of these three districts, Bradford, Huddersfield, and Leeds, men and women engaged upon the same work at the looms receive the same pay. In the Huddersfield district the proportion of men to women among the weavers is much greater than it is in the districts of Bradford, Halifax, or Leeds, and in the Huddersfield districts alone there is a weaver's scale, according to which women are paid from 15 to 50 per cent. below men. The proportion of women is, however, rapidly increasing; and I found many firms where the scale is not in operation. At some places men and women were paid alike _upon the woman's scale_. At other firms men were paid at a slightly higher rate than women, the women's scale being the basis of calculation for all classes of work." (Miss Abraham in _Reports on Employment of Women to the Labour Commission_, p. 100.)

[264] _Report on Principal Textile Trades_, p. xxv.

[265] The evidence adduced by Dr. Arlidge in his _Diseases of Occupations_ regarding the effects of factory life upon the physique of children is conclusive. See p. 38, etc.

[266] See Appendix on Factory Legislation.