Chapter IX: Labour Houses Under the Poor Law

The practice of confining in forced labour institutions persons who, in various ways, have become defaulters under the Poor Law, particularly by neglecting to maintain dependents for whose support they are legally responsible, is no new one; both in Germany and Switzerland Labour Houses of this kind have existed for many years. The German Imperial Penal Code, as we have seen, provides for the commitment to Labour Houses of those who "give way to gambling, intemperance, and idleness" so that they are compelled to seek public relief, either for themselves, or those dependent upon them. Prior to the passing of this law Poor Law Authorities in some of the States were already empowered to put such persons to forced labour. As a result of the Imperial enactment, Prussia repealed its law on the subject (dated May 21, 1855), but Saxony, Wurtemberg, Oldenburg and Mecklenburg Schwerin retained their legislation, and within the last six years Anhalt and the Free City of Hamburg have adopted laws to the same effect.

Before speaking in detail of a typical Poor Law Labour House of this kind, it may be well to summarise the provisions of the principal laws on the subject.

The Poor-relief Ordinance of Saxony, dated October 22, 1840, states that the power to compel persons who are "work-shy" to labour belongs to the jurisdiction of the Police Authority, with which the Poor Law Authority, when independent of the former Authority, has to agree upon the necessary measures. As a result of this Ordinance the rural Poor Law unions have established district Labour Houses under the administration of the local governors, while some of the larger towns have established institutions of their own, managed subject to regulations approved by the Government.

Persons are committed to these Labour Houses both by the Poor Law and Police Authorities, the term of detention being indefinite, but if a man who has been committed on account of neglect of family is able to show that he has provided a home for his dependents, he can require to be discharged.

The existing law of Wurtemberg (July 2, 1889) empowers Poor Law Authorities to put to forced labour any man whose wife or children under fourteen years receive public relief; it is not necessary that he should himself have applied for such relief to be granted. The laws of Anhalt (April 27, 1904) and Mecklenburg Schwerin (1871 and 1890) are to the same effect.

By the law of Oldenburg (March 14, 1870) the following persons may be committed to the Forced Labour House of Vechta: Drunkards, persons who abuse the poor relief granted to them, women who, having had two or more illegitimate children for whom they have had to seek relief, again become _enceinte_, and (by Ministerial Decree of April 25, 1888) parents who neglect their children so that they fall upon the Poor Law. For a first commitment the period of detention is two years, for repetitions three years.

The latest provisions of the kind are those which were embodied in the amended Poor Law of Hamburg in 1907. Section 21 of this law states:--

"Any person who receives public relief, either for himself or for those dependent upon him, may be required by resolution of the Poor Law Labour Committee, in so far as may be requisite in order to remove or diminish existing destitution, to perform work suited to his capacity. In the event of refusal to do the work assigned to him by the Committee, the decision of that body may be put in operation by direct force. In the end the person relieved may be placed in a Labour House against his will. These provisions do not apply to cases of destitution caused by transient circumstances."

This compulsion may be applied even when the defaulters dependents are maintained without his consent or against his will.

The Committee which exercises these powers consists of five members--a member (a Senator) of the Poor Law Board, as president, two members of that Board elected by the House of Burgesses, and two chairmen of Poor Law districts or almoners. A decision to commit a Poor Law defaulter to the Labour House must be supported by a majority of four votes to one, and appeal is allowed both to the Senate and the ordinary Courts of Law, but a decision remains in operation unless and until quashed. The alleged defaulter is entitled to appear, and to be represented, at the proceedings of the Committee. A person against whom an order of detention has been put in operation can at any time ask for its repeal, but the Committee is only obliged to reconsider its decision after three months have passed; when a year has elapsed, however, the detainee must be released for a period of at least six months in order to test his willingness to meet his obligations.

The reason advanced for the amendment of the law was that the number of wife deserters had for a long time been on the increase, and that existing measures had proved ineffectual.

There has been a good deal of controversy upon the question whether the enactment of forced labour for Poor Law defaulters conflicts with