Cornell Uniui i -,iiu i ,Ui ,t v HN 389.H4 British social politics; materials illusi llllllli I lll'lll I'llll. I 'III 3CIAL ||' 3 1924 002 692 725 HS.YES THE LIBRARY OF THE NEW YORK STATE SCHOOL OF INDUSTRIAL AND LABOR RELATIONS AT CORNELL UNIVERSITY The original of tliis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924002692725 BRITISH SOCIAL POLITICS MATERIALS ILLUSTRATING CONTEMPORARY STATE ACTION FOR THE SOLUTION OF SOCIAL PROBLEMS BY CARLTON HAYES ASSISTANT PROFESSOR OF HISTORY IN COLUMBIA UNIVERSITY GINN AND COMPANY BOSTON • NEW YORK • CHICAGO • LONDON COPYRIGHT, 1913, BY CARLTON HAYES ALL RIGHTS RESERVED Wit lattienauiii jltega . GINN AND COMPANY • PRO- PRIETORS ■ BOSTON • U.S.A. PREFACE The following pages are an attempt to place at the command of college and university students some first-hand materials for the study of current political and social problems. From many volumes of parliamentary debates, reports, and statutes have been selected, in the first place, a few of the most important Acts which have been passed by the British Parliament since the Liberal Govern- ment came into power in 1905, dealing with a vast range of social problems and activities that the Industrial Revolution had brought face to face with a typical rhodern democracy; and secondly, extracts from the debates in the House of Commons and in the House of Lords with a view to illustrating different points of view which various classes, poUtical parties, and prominent persons have enter- tained on these liberal and radical proposals. To study the social problem in Great Britain should be a valu- able introduction to the study of all the grave problems that con- front every modern industrial state. To appreciate the efforts of contemporary statesmen in Great Britain to provide governmental solutions, partial at least, for these problems should be illuminating not only to the student of present-day affairs, but likewise to the historian who would sketch the development of society and social legislation or trace the marvellous growth of state activity in mod- ern times. And possibly knowledge of these matters will not be confined to professional scholars ; the speeches of Mr. Asquith and Mr. Lloyd George and Mr. Churchill and many another have not an exclusively academic flavour or interest — they are making history. An introductory chapter serves as an apology for the title and scope of this book. It makes no pretension to deal exhaustively or even adequately ^tl|A'HifBSgil^''Yf"^ of the nineteenth century — iv BRITISH SOCIAL POLITICS merely to point out a lane of approach to the study of contempo- rary British history and how such study may be profitably linked up with the great highway of general nineteenth-century history. Many topics indirectly of social and political significance might have been included in the volume had space permitted. But, in general, land laws, Irish Home Rule, and Welsh Disestablishment have been inexorably crowded out by Employers' Liabihty, Labour Unions, Child Welfare, Old Age Pensions, Budget Reform, the de- cline of the House of Lords, and National Insurance. It is quite obvious, too, that the very nature of the subject-matter will militate against its permanence. Most of the enactments herein presented will no doubt be superseded, or, at least, amended in detail, in the near future, for finality is not a common attribute of governmental regulations, and the solution of one problem frequently acts to create another. It is hoped, however, that occasional new editions may keep the work near to date. To several authorities I am under obligations. First of all should be mentioned the reporters of the great mass of parliament- ary proceedings, who, quite as anonymous as the monastic chroni- clers of the Middle Ages, have infinitely surpassed the monks in the wealth of information with which they have supplied us. Then I would express gratitude to the compilers of the "Annual Register " and to the writers on the London Times and the Spectator, from whose digests and reports I have drawn freely. And I would con- fess the stimulus which has been given this work by the perusal of the writings of such enthusiastic British Liberals as Mr. David Lloyd George, Mr. Winston Churchill, Mr. J. A. Hobson, and Mr. Percy Alden. To my colleague. Professor Charles A. Beard, I am indebted for the immediate suggestion of the work, as well as for a lively sympathy with its purpose and valuable criticism in its completion. CARLTON HAYES Columbia University CONTENTS PAGE INTRODUCTORY NOTE i CHAPTER I. WORKMEN'S COMPENSATION 20 I. The Home Secretary on Workmen's Compensation . . 22 Mr. H. J. Gladstone, Commons., March 26, igo6 i. Conservative Reply to the Home Secretary .... 32 Mr. A. Akers-Douglas, Commons, March 26, igo6 3. Labour Reply to the Home Secretary 34 Mr. G. N. Barnes, Commons, March 26, igo6 4. Mr. Joseph Chamberlain on Workmen's Compensation 36 Commons, March 36, igo6 5. Sir Charles Dilke on Workmen's Compensation ... 38 ComTnons, April ^, igo6 6. Employer's Attitude toward Workmen's Compensation 41 Mr. H. G. Montgomery, Commons, April 4., igob 7. Employee's Attitude toward Workmen's Compensation 43 Mr. J. R. Clynes, Commons, April 4., igo6 8. Foreshadowing National Insurance 45 Mr. H. J. Gladstone, Commons, December 13, jgob 9. Third Reading of Workmen's Compensation Bill . . 46 Mr. Joseph Walton, Commons, December ij, igo6 10. Workmen's Compensation Act, 1906 47 6 Edw. 7, ch. J 8 11. Workmen's Compensation (Anglo-French Convention) Act, 1909 72 g Edw. 7, ch. 16 vi BRITISH SOCIAL POLITICS PAGE CHAPTER II. TRADE UNIONISM 77 12. Introduction of Trade Unions and Trade Disputes Bill 8o Sir John Walton, Commons, March 28, iqob 13. Trade Disputes Act, 1906 85 6 Edvi. 7, ch. ^7 14. Trade Union Act, 187 i 87 34 &f 3S Vici., ch.31 (in fart) 15. Trade Union Act, 1876 ... 95 J9 ) When the injury was caused by -the personal negligence or wilful act of the employer or of some person for whose act or default the employer is responsible, noth- ing in this Act shall affect any civil liability of the employer, but in that case the workman may, at his option, either claim compensation under this Act or take proceedings independently of this Act; but the employer shall not be liable to pay compensation for injury to a workman by accident arising out of and in the course of the employment both independently of and also under this Act, and shall not be liable to any proceedings independently of this Act, except in case of such personal negligence or wilful act as aforesaid : (c) If it is proved that the injury to a workman is attrib- utable to the serious and wilful misconduct of that workman, any compensation claimed in respect of that injury shall, unless the injury results in death or serious and permanent disablement, be disallowed. (3) If any question arises in any proceedings under this Act as to the liability to pay compensation under this Act (including any question as to whether the person injured is a workman to whom this Act applies), or as to the amount or duration of compensation under this Act, the question, if not settled by agreement, shall, subject to the provisions of the First Schedule to this Act, be settled by arbitration, in accordance with the Second Schedule to this Act. (4) If, within the time herein-after in this Act limited for taking proceedings, an action is brought to recover damages independ- ently of this Act for injury caused by any accident, and it is WORKMEN'S COMPENSATION 49 determined in such action that the injury is one for which the employer is not liable in such action, but that he would have been liable to pay compensation under the provisions of this Act, the action shall be dismissed ; but the court in which the action is tried shall, if the plaintiff so choose, proceed to assess such com- pensation, but may deduct from such compensation all or part of the costs which, in its judgment, have been caused by the plaintiff bringing the action instead of proceeding under this Act. In any proceeding under this subsection, when the court assesses the compensation it shall give a certificate of the compensation it has awarded and the directions it has given as to the deduction for costs, and such certificate shall have the force and effect of an award under this Act. (5) Nothing in this Act shall affect any proceeding for a fine under the enactments relating to mines, factories, or workshops, or the application of any such fine. 2. Time for taking Proceedings (i) Proceedings for the recovery under this Act of compensa- tion for an injury shall not be maintainable unless notice of the accident has been given as soon as practicable after the hap- pening thereof and before the workman has voluntarily left the employment in which he was injured, and unless the claim for compensation with respect to such accident has been made within six months from the occurrence of the accident causing the injury, or, in case of death, within six months from the time of death : Provided always that — (a) The want of or any defect or inaccuracy in such notice shall not be a bar to the maintenance of such proceed- ings if it is found in the proceedings for settling the claim that the employer is not, or would not, if a notice or an amended notice were then given and the hearing postponed, be prejudiced in his defence by 50 BRITISH SOCIAL POLITICS the want, defect, or inaccuracy, or that such want, defect, or inaccuracy was occasioned by mistake, ab- sence from the United Kingdom, or other reasonable cause; and (^) the failure to make a claim within the period above speci- fied shall not be a bar to the maintenance of such proceedings if it is found that the failure was occa- sioned by mistake, absence from the United Kingdom, or other reasonable cause. (2) Notice in respect of an injury under this Act shall give the name and address of the person injured, and shall state in ordi- nary language the cause of the injury and the date at which the accident happened, and shall be served on the employer, or, if there is more than one employer, upon one of such employers. (3) The notice may be served by delivering the same at, or sending it by post in a registered letter addressed to, the residence or place of business of the person on whom it is to be served. (4) Where the employer is a body of persons, corporate or un- incorporate, the notice may also be served by delivering the same at, or by sending it by post in a registered letter addressed to, the employer at the office, or, if there be more than one office, any one of the offices of such body. J. Contracting Out (i) If the Registrar of Friendly Societies, after taking steps to ascertain the views of the employer and workmen, certifies that any scheme of compensation, benefit, or insurance for the work- men of an employer in any employment, whether or not such scheme includes other employers and their workmen, provides scales of compensation not less favourable to the workmen and their dependants than the corresponding scales contained in this Act, and that, where the scheme provides for contributions by the workmen, the scheme confers benefits at least equivalent to those contributions, in addition to the benefits to which the workmen WORKMEN'S COMPENSATION 51 would have been entitled under this Act, and that a majority (to be ascertained by ballot) of the workmen to whom the scheme is applicable are in favour of such scheme, the employer may, whilst the certificate is in force, contract with any of his workmen that the provisions of the scheme shall be substituted for the provisions of this Act, and thereupon the employer shall be liable only in accordance with the scheme, but, save as aforesaid, this Act shall apply notwithstanding any contract to the contrary made after the commencement of this Act. (2) The Registrar may give a certificate to expire at the end of a limited period of not less than five years, and may from time to time renew with or without modifications such a certificate to expire at the end of the period for which it is renewed. (3) No scheme shall be so certified which contains an obliga- tion upon the workmen to join the scheme as a condition of their hiring, or which does not contain provisions enabling a workman to withdraw from the scheme. (4) If complaint is made to the Registrar of Friendly Societies by or on behalf of the workmen of any employer that the benefits conferred by any scheme no longer conform to the conditions stated in subsection (i) of this section, or that the provisions of such scheme are being violated, or that the scheme is not being fairly administered, or that satisfactory reasons exist for revoking the certificate, the Registrar shall examine into the complaint, and, if satisfied that good cause exist for such complaint, shall, unless the cause of complaint is removed, revoke the certificate. (5) When a certificate is revoked or expires, any moneys or securities held for the purpose of the scheme shall, after due pro- vision has been made to discharge the liabilities already accrued, be distributed as may be arranged between the employer and workmen, or as may be determined by the Registrar of Friendly Societies in the event of a difference of opinion. (6) Whenever a scheme has been certified as aforesaid, it shall be the duty of the employer to answer all such inquiries and to 52 BRITISH SOCIAL POLITICS furnish all such accounts in regard to the scheme as may be made or required by the Registrar of Friendly Societies. (7) The Chief Registrar of Friendly Societies shall include in his annual report the particulars of the proceedings of the Registrar under this Act. (8) The Chief Registrar of Friendly Societies may make regu- lations for the purpose of carrying this section into effect. 4. Sub-contracting (1) Where any person (in this section referred to as the prin- cipal), in the course of or for the purposes of his trade or business, contracts with any other person (in this section referred to as the contractor) for the execution by or under the contractor of the whole or any part of any work undertaken by the principal, the principal shall be liable to pay to any workman employed in the ex- ecution of the work any compensation under this Act which he would have been liable to pay if that workman had been immedi- ately employed by him ; and where compensation is claimed from or proceedings are taken against the principal, then, in the applica- tion of this Act, references to the principal shall be substituted for references to the employer, except that the amount of compensation shall be calculated with reference to the earnings of the workman under the employer by whom he is immediately employed : Provided that, where the contract relates to threshing, plough- ing, or other agricultural work, and the contractor provides and uses machinery driven by mechanical power for the purpose of such work, he and he alone shall be liable under this Act to pay compensation to any workman employed by him on such work. (2) Where the principal is liable to pay compensation under this section, he shall be entitled to be indemnified by any person who would have been liable to pay compensation to the workman independently of this section, and all questions as to the right to and amount of any such indemnity shall in default of agreement be settled by arbitration under this Act. WORKMEN'S COMPENSATION 53 (3) Nothing in this section shall be construed as preventing a workman recovering compensation under this Act from the con- tractor instead of the principal. (4) This section shall not apply in any case where the accident occurred elsewhere than on, or in, or about premises on which the principal has undertaken to execute the work or which are other- wise under his control or management. 5. Provision as to Cases of Bankruptcy of Employer (i) Where any employer has entered into a contract with any insurers in respect of any liability under this Act to any workman, then, in the event of the employer becoming bankrupt, or making a composition or arrangement with his creditors, or if the employer is a company in the event of the company having commenced to be wound up, the rights of the employer against the insurers as respects that liability shall, notwithstanding anything in the enact- ments relating to bankruptcy and the winding up of compainies, be transferred to and vest in the workman, and upon any such transfer the insurers shall have the same rights and remedies and be subject to the same liabilities as if they were the employer, so however that the insurers shall not be under any greater liability to the workman than they would have been under to the employer. (2) If the liability of the insurers to the workman is less than the liability of the employer to the workman, the workman may prove for the balance in the bankruptcy or liquidation. (3) There shall be included among the debts which under sec- tion one of the Preferential Payments in Bankruptcy Act, 1888, and section four of the Preferential Payments in Bankruptcy (Ire- land) Act, 1889, are in the distribution of the property of a bank- rupt and in the distribution of the assets of a company being wound up to be paid in priority to all other debts, the amount, not exceed- ing in any individual case one hundred pounds, due in respect of any compensation the liability wherefor accrued before the date of the receiving order or the date of the commencement of the 54 BRITISH SOCIAL POLITICS winding up, and those Acts and the Preferential Payments in Bankruptcy Amendment Act, 1897, shall have effect accordingly. Where the compensation is a weekly payment, the amount due in respect thereof shall, for the purposes of this provision, be taken to be the amount of the lump sum for which the weekly payment could, if redeemable, be redeemed if the employer made an appli- cation for that purpose under the First Schedule to this Act. (4) In the case of the winding up of a company within the meaning of the Stannaries Act, 1887, such an amount as afore- said, if the compensation is payable to a miner or the dependants of a miner, shall have the like priority as is conferred on wages of miners by section nine of that Act, and that section shall have effect accordingly. (5) The provisions of this section with respect to preferences and priorities shall not apply where the bankrupt or the company being wound up has entered into such a contract with insurers as aforesaid. (6) This section shall not apply where a company is wound up voluntarily merely for the purposes of reconstruction or of amal- gamation with another company. 6. Remedies both against Employer and Stranger Where the injury for which compensation is payable under this Act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof — (i) The workman may take proceedings both against that per- son to recover damages and against any person liable to pay compensation under this Act for such compensation, but shall not be entitled to recover both damages and compensation ; and (2) If the workman has recovered compensation under this Act, the person by whom the compensation was paid, and any person who has been called on to pay an indemnity WORKMEN'S COMPENSATION 55 under the section of this Act relating to sub-contracting, shall be entitled to be indemnified by the person so liable to pay damages as aforesaid, and all questions as to the right to and amount of any such indemnity shall, in de- fault of agreement, be settled by action, or, by consent of the parties, by arbitration under this Act. 7. Application of Act to Seamen (i) This Act shall apply to masters, seamen, and apprentices to the sea service and apprentices in the sea-fishing service, pro- vided that such persons are workmen within the meaning of this Act, and are members of the crew of any ship registered in the United Kingdom, or of any other British ship or vessel of which the owner, or (if there is more than one owner) the managing owner, or manager resides or has his principal place of business in the United Kingdom, subject to the following modifications : (a) The notice of accident and the claim for compensation may, except where the person injured is the master, be served on the master of the ship as if he were the employer, but where the accident happened and the incapacity com- menced on board the ship it shall not be necessary to give any notice of the accident : (V) In the case of the death of the master, seaman, or apprentice, the claim for compensation shall be made within six months after news of the death has been received by the claimant : (c) Where an injured master, seaman, or apprentice is discharged or left behind in a British possession or in a foreign coun- try, depositions respecting the circumstances and nature of the injury may be taken by any judge or magistrate in the British possession, and by any British consular offi- cer in the foreign country, and if so taken shall be trans- mitted by the person by whom they are taken to the Board of Trade, and such depositions or certified copies thereof shall in any proceedings for enforcing the claim 56 BRITISH SOCIAL POLITICS be admissible in evidence as provided by sections 691 and 69s of the Merchant Shipping Act, 1894, and those sections shall apply accordingly : (d) In the case of the death of a master, seaman, or apprentice, leaving no dependants, no compensation shall be payable, if the owner of the ship is under the Merchant Shipping Act, 1894, liable to pay the expenses of burial: (e) The weekly payment shall not be payable in respect of the period during which the owner of the ship is, under the Merchant Shipping Act, 1894, as amended by any subse- quent enactment, or otherwise, liable to defray the ex- penses of maintenance of the injured master, seaman, or apprentice : (/) Any sum payable by way of compensation by the owner of a ship under this Act shall be paid in full notwithstand- ing anything in section 503 of the Merchant Shipping Act, 1894 (which relates to the limitation of a shipowner's liability in certain cases of loss of life, injury, or damage), but the limitation on the owner's liability imposed by that section shall apply to the amount recoverable by way of indemnity, under the section of this Act relating to reme- dies both against employer and stranger, as if the indem- nity were damages for loss of life or personal injury : (^) Subsections (2) and (3) of section 174 of the Merchant Shipping Act, 1894 (which relates to the recovery of wages of seamen lost with their ship), shall apply as re- spects proceedings for the recovery of compensation by dependants of masters, seamen, and apprentices lost with their ship as they apply with respect to proceedings for the recovery of wages due to seamen and apprentices ; and proceedings for the recovery of compensation shall in such a case be maintainable if the claim is made within eighteen months of the date at which the ship is deemed to have been lost with all hands : WORKMEN'S COMPENSATION 57 (2) This Act shall not apply to such members of the crew of a fishing vessel as are remunerated by shares in the profits or the gross earnings of the working of such vessel. (3) This section shall extend to pilots to whoin Part X of the Merchant Shipping Act, 1894, applies, as if a pilot when employed on any such ship as aforesaid were a seaman and a member of the crew. 8. Application of Act to Industrial Diseases (i) Where — (i) the certifying surgeon appointed under the Factory and Workshop Act, 1901, for the district in which a work- man is employed certifies that the workman is suffering from a disease mentioned in the Third Schedule to this Act and is thereby disabled from earning full wages at the work at which he was employed ; or (ii) a workman is, in pursuance of any special rules or regula- tions made under the Factory and Workshop Act, 1901, suspended from his usual employment on account of having contracted any such disease ; or (iii) the death of a workman is caused by any such disease ; and the disease is due to the nature of any employment in which the workman was employed at any time within the twelve months previous to the date of the disablement or suspension, whether under one or more eriiployers, he or his dependants shall be en- titled to compensation under this Act as if the disease or such suspension as aforesaid were a personal injury by accident arising out of and in the course of that employment, subject to the fol- lowing modifications : (a) The disablement or suspension shall be treated as the happening of the accident ; (p) If it is proved that the workman has at the time of entering the employment wilfully and falsely represented himself in writing as not having previously suffered from the dis- ease, compensation shall not be payable ; 58 BRITISH SOCIAL POLITICS (c) The compensation shall be recoverable from the employer who last employed the workman during the said twelve months in the employment to the nature of which the disease was due : Provided that — (i) the workman or his dependants if so required shall furnish that employer with such infor- mation as to the names and addresses of all the other employers who employed him in the employment during the said twelve months as he or they may possess, and, if such informa- tion is not furnished, or is not sufficient to enable that employer to take proceedings under the next following proviso, that em- ployer upon proving that the disease was not contracted whilst the workman was in his employment shall not be liable to pay com- pensation; and (ii) if that employer alleges that the disease was in fact contracted whilst the workman was in the employment of some other employer, and not whilst in his employment, he may join such other employer as a party to the arbitration, and if the allegation is proved that other em- ployer shall be the employer from whom the compensation is to be recoverable ; and (iii) if the disease is of such a nature as to be con- tracted by a gradual process, any other em- ployers, who during the said twelve months employed the workman in the employment to the nature of which the disease was due, shall be Uable to make to the employer from whom compensation is recoverable such contributions as, in default of agreement, may be determined WORKMEN'S COMPENSATION 59 in the arbitration under this Act for settling the amount of the compensation ; ((/) The amount of the compensation shall be calculated with reference to the earnings of the workman under the em- ployer from whom the compensation is recoverable ; (e) The employer to whom notice of the death, disablement, or suspension is to be given shall be the employer who last employed the workman during the said twelve months in the employment to the nature of which the disease was due, and the notice may be given notwithstanding that the workman has voluntarily left his employment ; (/) If an employer or a workman is aggrieved by the action of a certifying or other surgeon in giving or refusing to give a certificate of disablement or in suspending or refusing to suspend a workman for the purposes of this section, the matter shall in accordance with regulations made by the Secretary of State be referred to a medical referee, whose decision shall be filial. (2) If the workman at or immediately before the date of the disablement or suspension was employed in any process men- tioned in the second column of the Third Schedule to this Act, and the disease contracted is the disease in the first column of that Schedule set opposite the description of the process, the disease, except where the certifying surgeon certifies that in his opinion the disease was not due to the nature of the employment, shall be deemed to have been due to the nature of that employment, unless the employer proves the contrary. (3) The Secretary of State may make rules regulating the duties and fees of certifying and other surgeons (including den- tists) under this section. (4) For the purposes of this section the date of disablement shall be such date as the certifying surgeon certifies as the date on which the disablement commenced, or, if he is unable to certify such a date, the date on which the certificate is given ; 6o BRITISH SOCIAL POLITICS Provided that — (a) Where the medical referee allows an appeal against a refusal by a certifying surgeon to give a certificate of disablement, the date of disablement shall be such date as the medical referee may determine ; (i) Where a workman dies without having obtained a cer-. tificate of disablement, or is at the time of death not in receipt of a weekly payment on account of disable- ment, it shall be the date of death. (5) In such cases, and subject to such conditions as the Sec- retary of State may direct, a medical practitioner appointed by the Secretary of State for the purpose shall have the powers and duties of a certifying surgeon under this section, and this section shall be construed accordingly. (6) The Secretary of State may make orders for extending the provisions of this section to other diseases and other processes, and to injuries due to the nature of any employment specified in the order not being injuries by accident, either without modi- fication or subject to such modifications as may be contained in the order. (7) Where, after inquiry held on the application of any em- ployers or workmen engaged in any industry to which this sec- tion applies, it appears that a mutual trade insurance company or soci^ for insuring against the risks under this section has been established for the industry, and that a majority of the employers engaged in that industry are insured against such risks in the company or society and that the company or society consents, the Secretary of State may, by Provisional Order, require all em- ployers in that industry to insure in the company or society upon such terms and under such conditions and subject to such excep- tions as may be set forth in the Order. Where such a company or society has been established, but is confined to employers in any particular locality or of any particular class, the Secretary of State may for the purposes of this provision treat the industry, WORKMEN'S COMPENSATION 6 1 as carried on by employers in that locality or of that class, as a separate industry. (8) A Provisional Order made under this section shall be of no force whatever unless and until it is confirmed by Parliament, and if, while the Bill confirming any such Order is pending in either House of Parliament, a petition is presented against the Order, the Bill may be referred to a Select Committee, and the petitioner shall be allowed to appear and oppose as in the case of Private Bills, and any Act confirming any Provisional Order under this section may be repealed, altered, or amended by a Provisional Order made and confirmed in like manner, (9) Any expenses incurred by the Secretary of State in respect of any such Order, Provisional Order, or confirming Bill shall be defrayed out of moneys provided by Parliament. (10) Nothing in this section shall affect the rights of a workman to recover compensation in respect of a disease to which this sec- tion does not apply, if the disease is a personal injury by accident within the meaning of this Act. p. Application to Workmen in Employment of Crown (i) This Act shall not apply to persons in the naval or military service of the Crown, but otherwise shall apply to workmen em- ployed by or under the Crown to whom this Act would apply if the employer were a private person : ' Provided that in the case of a person employed in the private service of the Crown, the head of that department of the Royal Household in which he was employed at the time of the accident shall be deemed to be his employer. (2) The Treasury may, by warrant laid before Parliament, modify for the purposes of this Act their warrant made under section one of the Superannuation Act, 1887, and notwithstanding anything in that Act, or any such warrant, may frame schemes with a view to their being certified by the Registrar of Friendly Societies under this Act. 62 BRITISH SOCIAL POLITICS 10. Appointment and Remuneration of Medical Referees and Arbitrators (i) The Secretary of State may appoint such legally qualified medical practitioners to be medical referees for the purposes of this Act as he may, with the sanction of the Treasury, determme, and the remuneration of, and other expenses incurred by, medical referees under this Act shall, subject to regulations made by the Treasury, be paid out of moneys provided by Parliament. Where a medical referee has been employed as a medical prac- titioner in connection with any case by or on behalf of an em- ployer or workman or by any insurers interested, he shall not act as medical referee in that case. (2) The remuneration of an arbitrator appointed by a judge of county courts under the Second Schedule to this Act shall be paid out of moneys provided by Parliament in accordance with regula- tions made by the Treasury. II. Detention of Ships (i) If it is alleged that the owners of any ship are liable as such owners to pay compensation under this Act, and at any time that ship is found in any port or river of England or Ireland, or within three miles of the coast thereof, a judge of any court of record in England or Ireland may, upon its being shown to him by any per- son applying in accordance with the rules of the court that the owners are probably liable as such to pay such compensation, and that none of the owners reside in the United Kingdom, issue an order directed to any officer of customs or other officer named by the judge requiring him to detain the ship until such time as the owners, agent, master, or consignee thereof have paid such com- pensation, or have given security, to be approved by the judge, to abide the event of any proceedings that may be instituted to re- cover such compensation and to pay such compensation and costs as may be awarded thereon ; and any officer of customs or other offi- cer to whom the order is directed shall detain the ship accordingly. WORKMEN'S COMPENSATION 63 (2) In any legal proceeding to recover such compensation, the person giving security shall be made defendant, and the production of the order of the judge, made in relation to the security, shall be conclusive evidence of the liability of the defendant to the pro- ceeding. (3) Section 692 of the Merchant Shipping Act, 1894, shall apply to the detention of a ship under this Act as it applies to the deten- tion of a ship under that Act, and, if the owner of a ship is a cor- poration, it shall for the purposes of this section be deemed to reside in the United Kingdom if it has an office in the United Kingdom at which service of writs can be effected. 12. Returns as to Compensation (i) Every employer in any industry to which the Secretary of State may direct that this section shall apply shall, on or before such day in every year as the Secretary of State may direct, send to the Secretary of State a correct return specifying the number of injuries in respect of which compensation has been paid by him under this Act during the previous year, and the amount of such compensation, together with such other particulars as to the com- pensation as the Secretary of State may direct, and in default of complying with this section shall be liable on conviction under the Summary Jurisdiction Acts to a fine not exceeding five pounds. (2) Any regulations made by the Secretary of State containing such directions as aforesaid shall be laid before both Houses of Parliament as soon as may be after they are made. 13. Definitions In this Act, unless the context otherwise requires — " Employer " includes any body of persons corporate or un- incorporate and the legal personal representative of a deceased employer, and, where the services of a workman are temporarily lent or let on hire to another person by the person with whom the workman has entered into a contract 64 BRITISH SOCIAL POLITICS of service or apprenticeship, the latter shall, for the pur- poses of this Act, be deemed to continue to be the em- ployer of the workman whilst he is working for that other person ; " Workman " does not include any person employed otherwise than by way of manual labour whose remuneration exceeds two hundred and fifty pounds a year, or a person whose employment is of a casual nature and who is employed otherwise than for the purposes of the employer's trade or business, or a member of a police force, or an outworker, or a member of the employer's family dwelling in his house, but, save as aforesaid, means any person who has entered into or works under a contract of service or apprenticeship with an employer, whether by way of manual labour, clerical work, or otherwise, and whether the contract is expressed or implied, is oral or in writing ; Any reference to a workman who has been injured shall, where the workman is dead, include a reference to his legal per- sonal representative or to his dependants or other person to whom or for whose benefit compensation is payable ; " Dependants " means such of the members of the work- man's family as were wholly or in part dependent upon the earnings of the workman at the time of his death, or would but for the incapacity due to the accident have been so dependent, and where the workman, being the parent or grandparent of an illegitimate child, leaves such a child so dependent upon his earnings, or, being an illegit- imate child, leaves a parent or grandparent so dependent upon his earnings, shall include such an illegitimate child and parent or grandparent respectively ; " Member of a family " means wife or husband, father, mother, grandfather, grandmother, step-father, step-mother, son, daughter, grandson, granddaughter, step-son, step-daughter, brother, sister, half-brother, half-sister ; WORKMEN'S COMPENSATION 65 " Ship," " vessel," " seaman," and " port " have the same meanings as in the Merchant Shipping Act, 1894; " Manager," in relation to a ship, means the ship's husband or other person to whom the management of the ship is entrusted by or on behalf of the owner ; " Police force " means a police force to which the Police Act, 1890, or the Police (Scotland) Act, 1890, applies, the City of London Police Force, the Royal Irish Constabulary, and ■ the Dublin Metropolitan Police Force ; " Outworker " means a person to whom articles or materials are given out to be made up, cleaned, washed, altered, ornamented, finished, or repaired, or adapted for sale, in his own home or on other premises not under the control or management of the person who gave out the materials or articles; The exercise and performance of the powers and duties of a local or other public authority shall, for the purposes of this Act, be treated as the trade or business of the authority ; " County court," " judge of the county court," " registrar of the county court," " plaintiff," and " rules of court," as respects Scotland, mean respectively sheriff court, sheriff, sheriff clerk, pursuer, and act of sederunt. 14.. Special Provisions as to Scotland In Scotland, where a workman raises an action against his em- ployer independently of this Act in respect of any injury caused by accident arising out of and in the course of the employment, the action, if raised in the sheriff court and concluding for damages under the Employers' Liability Act, 1880, or alternatively at com- mon law or under the Employers' Liability Act, 1880, shall, not- withstanding anything contained in that Act, not be removed under that Act or otherwise to the Court of Session, nor shall it be ap- pealed to that court otherwise than by appeal on a question of law ; and for the purposes of such appeal the provisions of the Second 66 BRITISH SOCIAL POLITICS Schedule to this Act in regard to an appeal from the decision of the sheriff on any question of law determined by him as arbitrator under this Act shall apply. i^. Provisions as to existing Contracts and Schemes (i) Any contract (other than a contract substituting the provi- sions of a scheme certified under the Workmen's Compensation Act, 1897, for the provisions of that Act) existing at the com- mencement of this Act, whereby a workman relinquishes any right to compensation from the employer for personal injury aris- ing out of and in the course of his employment, shall not, for the purposes of this Act, be deemed to continue after the time at which the workman's contract of service would determine if notice of the determination thereof were given at the commencement of this Act. (2) Every scheme under the Workmen's Compensation Act, 1897, in force at the commencement of this Act shall, if re-certi- fied by the Registrar of Friendly Societies, have effect as if it were a scheme under this Act. (3) The Registrar shall re-certify any such scheme if it is proved to his sg.tisfaction that the scheme conforms, or has been so modi- fied as to conform, with the provisions of this Act as to schemes. (4) If any such scheme has not been so re-certified before the expiration of six months from the commencement of this Act, the certificate thereof shall be revoked. 16. Commencement and Repeal (i) This Act shall come into operation on the first day of July 1907, but, except so far as it relates to references to medical referees, and proceedings consequential thereon, shall not apply in any case where the accident happened before the commencement of this Act. (2) The Workmen's Compensation Acts, 1897 and 1900, are hereby repealed, but shall continue to apply to cases where the accident happened before the commencement of this Act, except to the extent to which this Act applies to those cases. WORKMEN'S COMPENSATION 6^ 17. Short Title This Act may be cited as the Workmen's Compensation Act, 1906. First Schedule Scale and Conditions of Compensation (i) The amount of compensation under this Act shall be — (a) Where death results from the injury — (i) if the workman leaves any dependants wholly de- pendent upon his earnings, a sum equal to his earnings in the employment of the same em- ployer during the three years next preceding the injury, or the sum of one hundred and fifty pounds, whichever of those sums is the larger, but not exceeding in any case three hundred pounds, provided that the amount of any weekly payments made under this Act, and any lump sum paid in redemption thereof, shall be de- ducted from such sum, and, if the period of the workman's employment by the said employer has been less than the said three years, then the amount of his earnings during the said three years shall be deemed to be one hundred and fifty-six times his average weekly earnings dur- ing the period of his actual employment under the said employer ; (ii) if the workman does not leave any such dependants, but leaves any dependants in part dependent upon his earnings, such sum, not exceeding in any case the amount payable under the foregoing provi- sions, as may be agreed upon, or, in default of agreement, may be determined, on arbitration under this Act, to be reasonable and proportion- ate to the injury to the said dependants ; and 68 BRITISH SOCIAL POLITICS (iii) if he leaves no dependants, the reasonable expenses of his medical attendance and burial, not exceed- ing ten pounds ; (b) where total or partial incapacity for work results from the injury, a weekly payment during the incapacity not exceeding fifty per cent of his average weekly earnings during the previous twelve months, if he has been so long employed, but if not then for any less period dur- ing which he has been in the employment of the same employer, such weekly pay ment not to exceed one pound : Provided that — (a) if the incapacity lasts less than two weeks no compensation shall be payable in respect of the first week ; and (b) as respects the weekly payments during total incapacity of a workman who is under twenty-one years of age at the date of the injury, and whose average weekly earnings are less than twenty shillings, one hundred per cent shall be substituted for fifty per cent of his average weekly earnings, but the weekly payment shall in no case exceed ten shillings. (2) For the purposes of the provisions of this schedule relating to " earnings " and " average weekly earnings " of a workman, the following rules shall be observed : (a) average weekly earnings shall be computed in such manner as is best calculated to give the rate per week at which the workman was being remunerated. Provided that where by reason of the shortness of the time during which the workman has been in the employment of his employer, or the casual nature of the employment, or the terms of the employment, it is impracticable at the date of the accident to compute the rate of remuneration, WORKMEN'S COMPENSATION 69 regard may be had to the average weekly amount which, during the twelve months previous to the accident, was being earned by a person in the same grade employed at the same work by the same employer, or, if there is no person so employed, by a person in the same grade employed in the same class of employment and in the same district ; (b) where the workman had entered into concurrent contracts of service with two or more employers under which he worked at one time for one such employer and at another time for another such employer, his average weekly earn- ings shall be computed as if his earnings under all such contracts were earnings in the employment of the em- ployer for whom he was working at the time of the accident ; (c) employment by the same employer shall be taken to mean employment by the same employer in the grade in which the workman was employed at the time of the accident, uninterrupted by absence from work due to illness or any other unavoidable cause ; (d) where the employer has been accustomed to pay to the workman a sum to cover any special expenses entailed on him by the nature of his employment, the sum so paid shall not be reckoned as part of the earnings. ■ (3) In fixing the amount of the weekly payment, regard shall be had to any pa3mnent, allowance, or benefit which the workman may receive from the employer during the period of his incapacity, and in the case of partial incapacity the weekly payment shall in no case exceed the difference between the amount of the average weekly earnings of the workman before the accident and the aver- age weekly amount which he is earning or is able to earn in some suitable employment or business after the accident, but shall bear such relation to the amount of that difference as under the circum- stances of the case may appear proper. 70 BRITISH SOCIAL POLITICS (4) Where a workman has given notice of an accident, he shall, if so required by the employer, submit himself for examination by a duly qualified medical practitioner provided and paid by the em- ployer, and, if he refuses to submit himself to such examination, or in any way obstructs the same, his right to compensation, and to take or prosecute any proceeding under this Act in relation to compensation, shall be suspended until such examination has taken place. (5) The payment in the case of death shall, unless otherwise ordered as herein-after provided, be paid into the county court, and any sum so paid into court shall, subject to rules of court and the provisions of this schedule, be invested, applied, or otherwise dealt with by the court in such manner as the court in its discretion thinks fit for the benefit of the persons entitled thereto under this Act, and the receipt of the registrar of the court shall be a sufficient discharge in respect of the amount paid in : Provided that, if so agreed, the payment in case of death shall, if the workman leaves no dependants, be made to his legal personal representative, or, if he has no such representative, to the person to whom the expenses of medical attendance and burial are due. [6-22. Various administrative details omitted.] Second Schedule Arbitration, etc. (i) For the purpose of settling any matter which under this Act is to be settled by arbitration, if any committee, representative of an employer and his workmen, exists with power to settle matters under this Act in the case of the employer and workmen, the matter shall, unless either party objects by notice in writing sent to the other party before the committee meet to consider the matter, be settled by the arbitration of such committee, or be referred by them in their discretion to arbitration as herein-after provided. WORKMEN'S COMPENSATION J I (2) If either party so objects, or there is no such committee, or the committee so refers the matter or fails to settle the matter within six months from the date of the claim, the matter shall be settled by a single arbitrator agreed on by the parties, or in the absence of agreement by the judge of the county court, according to the procedure prescribed by rules of court. (3) In England the matter, instead of being settled by the county court, may, if the Lord Chancellor so authorises, be settled according to the like procedure, by a single arbitrator appointed by that judge, and the arbitrator so appointed shall, for the purposes of this Act, have all the powers of that judge. (4) The Arbitration Act, 1889, shall not apply to any arbitration under this Act ; but a committee or an arbitrator may, if they or he think fit, submit any question of law for the decision of the judge of the county court, and the decision of the judge on any question of law, either on such submission, or in any case where he himself settles the matter under this Act, or where he gives any decision or makes any order under this Act, shall be final, unless within the time and in accordance with the conditions prescribed by rules of the Supreme Court either party appeals to the Court of Appeal ; and the judge of the county court, or the arbitrator appointed by him, shall, for the purpose of proceedings under this Act, have the same powers of procuring the attendance of witnesses and the production of documents as if the proceedings were an action in the county court. (5) A judge of county courts may, if he thinks fit, summon a medical referee to sit with him as an assessor. (6) Rules of court may make provision for the appearance in any arbitration under this Act of any party by some other person. (7) The costs of and incidental to the arbitration and proceed- ings connected therewith shall be in the discretion of the committee, arbitrator, or judge of the county court, subject as respects such judge and an arbitrator appointed by him to rules of court. The costs, whether before a committee or an arbitrator or in the county 72 BRITISH SOCIAL POLITICS court, shall not exceed the limit prescribed by rules of court, and shall be taxed in manner prescribed by those rules and such taxa- tion may be reviewed by the judge of the county court. [8-18. Various details omitted.] Third Schedule Description of Disease Description of Process Anthrax Handling of wool, hair, bristles. hides, and skins. Lead poisoning or its sequelae . . . Any process involving the use of lead or its preparations or com- pounds. Mercury poisoning or its sequelae . Any process involving the use of mercury or its preparations or compounds. Phosphorus poisoning or its sequelae Any process involving the use of phosphorus or its preparations or compounds. Arsenic poisoning or its sequelae . Any process involving the use of arsenic or its preparations or com- pounds. Mining. Extract 11 WORKMEN'S COMPENSATION (ANGLO-FRENCH CONVENTION) ACT, 1909 (9 Edw. 7, ch. i6) An Act to authorise the making of such modifications in the Work- men's Compensation Act, 1906, in its application to French Citizens, as may be necessary to give effect to a Convention between His Majesty and the President of the French Re- public. (20th October 1909) WORKMEN'S COMPENSATION 73 Whereas His Majesty the King and the President of the French Republic have concluded the Convention set out in the Schedule to this Act, but effect cannot be given to the Convention unless certain modifications are made in the Workmen's Compensation Act, 1906, so far as it applies to workmen who are French citizens. Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. His Majesty may, by Order in Council, make such modifica- tions in the Workmen's Compensation Act, 1906, in its application to workmen who are French citizens, as appear to him to be neces- sary to give effect to the said Convention ; and the Workmen's Compensation Act, 1906, shall apply to such workmen, subject to the modifications contained in the Order. n. This Act may be cited as the Workmen's Compensation (Anglo-French Convention) Act, 1909. Schedule Convention signed at Paris the 3rd day of July igog Article i British subjects who meet with accidents arising out of their employment as workmen in France, and persons entitled to claim through or having rights derivable from them, s^iall enjoy the bene- fits of the compensation and guarantees secured to French citizens by the legislation in force in France in regard to the liability of employers in respect of such accidents. Reciprocally, French citizens who meet with accidents arising out of their employment as workmen in the United Kingdom of Great Britain and Ireland, and persons entitled to claim through or having rights derivable from them, shall enjoy the benefits of the compensation and guarantees secured to British subjects by the 74 BRITISH SOCIAL POLITICS legislation in force in the United Kingdom of Great Britain and Ireland in regard to compensation for such accidents, supplemented as specified in Article 5. Article 2 Nevertheless, the present Convention shall not apply to the case of a person engaged in a business having its headquarters in one of the two Contracting States, but temporarily detached for em- ployment in the other Contracting State, and meeting with an acci- dent in the course of that employment, if at the time of the accident the said employment has lasted less than six months. In this case the persons interested shall only be entitled to the compensation and guarantees provided by the law of the former State. The same rule shall apply in the case of persons engaged in transport services and employed at intervals, whether regular or not, in the country other than that in which the headquarters of the business are established. Akticle 3 The British and French authorities will reciprocally lend their good offices to facilitate the administration of their respective laws as aforesaid. Article 4 The present Convention shall be ratified, and the ratifications shall be exchanged at Paris, as soon as possible. It shall be applicable in France and in the United Kingdom of Great Britain and Ireland to all accidents happening after one month from the time of its publication in the two countries in the manner prescribed by their respective laws, and it shall remain binding until the expiration of one year from the date on which it shall have been cienounced by one or other of the two Contracting Parties, WORKMEN'S COMPENSATION 75 Article 5 Nevertheless, the ratification mentioned in the preceding Article shall not take place till the legislation at present in force in the United Kingdom of Great Britain and Ireland in regard to work- men's compensation has been supplemented, so far as concerns accidents to French citizens arising out of their emplo)rment as workmen, by arrangements to the following effect : (a) That the compensation payable shall in every case be fixed by an award of the County Court : (J?) That in any case of redemption of weekly payments the total sum payable shall, provided it exceeds a sum equivalent to the capital value of an annuity of 4/. (100 fr.), be paid into Court, to be employed in the purchase of an annuity for the benefit of the person entitled thereto : (c) That in those cases in which a lump sum representing the compensation payable shall have been paid by the em- ployer into the County Court, if the injured workman returns to reside in France, or if the dependants resided in France at the time of his death or subsequently return to reside in France, the total sum due to the injured work- man or to his dependants shall be paid over through the County Court to the Caisse Nationale Fran^aise des Re- traites pour la Vteillesse, who shall employ it in the pur- chase of an annuity according to its tariff at the time of the payment ; and further, that, in the case in which a lump sum shall not have been paid into Court, and the injured workman returns to reside in France, the com- pensation shall be remitted to him through the County Court at such intervals and in such way as may be agreed upon by the competent authorities of the two countries : {d) That in respect of all the acts done by the County Court in pursuance of the legislation in regard to workmen's compensation, as well as in the execution of the present ye BRITISH SOCIAL POLITICS Convention, French citizens shall be exempt from all expenses and fees : {e) That at the beginning of each year His Majesty's principal Secretary of State for the Home Department will send to the Departement du Travail et de la Prevoyance sociale a record of all judicial decisions given in the course of the preceding year under the legislation in regard to work- men's compensation in the case of French citizens injured by accident in the United Kingdom of Great Britain and Ireland. CHAPTER II TRADE UNIONISM [In 1906 there were 1200 unions in Great Britain with a total membership of 2,113,806. They were recognised as legal associa- tions by virtue of statutes enacted between 187 1 and 1876, but the Taff Vale judgment had recently decided that they were cor- porations which could be sued with costs and damages for the ac- tion of any of their agents whenever such action had caused loss to other persons. How Mr. Balfour's Government failed in 1905 to pass into law a biU to protect the funds of the trade unions, which had been placed in jeopardy by that celebrated decision, has already been noted.^ The judgment seriously threatened the future welfare of trade unionism because, with the financial danger ever before them, many workmen lost confidence in it. One of the first steps taken, therefore, by the new Liberal Gov- ernment was to present a measure intended to reverse the Taff Vale judgment and to allow reasonable liberty to the unions in the matter of " picketing." The bill was introduced in the House of Commons on March 28, 1906, by Sir John Walton, the Attorney- General {Extract 12), and was read a first time after a short de- bate, in which several Labour members expressed a strong prefer- ence for a solution of their own ; and Sir Edward Carson, Lord Robert Cecil, and other staunch Conservatives protested against provisions tending to convert trade unions into what they described as a privileged class. The Government proposed to limit the liability of trade union funds for damages to cases where the act complained of was that 1 Cf. supra, p. 13. 77 78 BRITISH SOCIAL POLITICS of the executive committee of a union or of its authorised agent acting in accordance with its express or implied orders, or, at least, not contravening them. The Labour members, however, preferred that trade unions should not in any case be actionable for damages sustained through the conduct of their members, and a Bill em- bodying this provision was brought forward for second reading by Mr. W. Hudson, one of their number, representing Newcastle-on- Tyne. It was strongly opposed by Mr. F. E. Smith, who denied that trade unions had ever enjoyed the immunity now claimed for them and protested vigorously against the Bill as creating a class privilege. Mr. Keir Hardie, supporting the Labour Bill, put the difference between the Labour and the Ministerial measures neatly by declaring that trade unionists would not be satisfied with mere barbed-wire entanglements for the protection of their funds, but would insist upon their removal out of the range of the ene- mies' guns. The Prime Minister, after declaring that the suspicion formerly entertained of trade unions had given place to a general recognition that they were beneficial institutions, said that he had voted two or three times previously for Bills on the lines of that now under discussion, and he proposed to vote for the Labour Bill. This announcement was loudly cheered by the Labour mem- bers, and the Prime Minister proceeded to argue that the dif- ference between the two bills was one of method rather than of principle. Subsequently, after application of the closure, the second reading of the Labour measure was passed by 416 to 66, several Ministers and some sixty or seventy other Liberals not voting. The original Government Bill was read a second time on April 25. During the Committee Stage, the Attorney-General moved, on August 3, the addition of the special clause which had charac- terised the Labour Bill, prohibiting actions against unions, whether of workmen or masters, for the recovery of damages in respect of tortious acts. On the new clause Sir Edward Carson suggested that it might have run : " The king can do no wrong ; neither can trades unions." The Attorney-General defended the change at TRADE UNIONISM 79 length, and, after a number of legal members had spoken, the clause was agreed to by 257 to 29 and the Bill was reported as amended — the Labour members' alternative Bill of course having been dropped. The Bill passed through the various later stages against no little opposition, especially among the Lords, and finally received the royal assent on December 21. It was repeatedly affirmed that the Lords would have rejected the Bill altogether had they not feared the cumulative effect on the country of their rejection, in the same year, of the Education Bill and the Plural Voting Bill. The Trade Unions and Trade Disputes Act, in its final form, is given as Extract ij. For convenience of reference, important por- tions of the Trade Union Acts, 187 1 and 1876, and of the Con- spiracy and Protection of Property Act, 1875, ^^^ inserted as Extracts 14, 13, and 16, respectively. It may be well to state at this point that trade unionism was subsequently affected by another remarkable judicial decision — the celebrated Osborne judgment, handed down by the House of Lords on December 21, 1909, the effect of which was to make it illegal to use the moneys of any trade union for pa)dng members of Parliament. It had always been customary in the United King- dom not to salary members of Parliament, with the result that the poor man had been either excluded from the House of Commons altogether or forced to accept financial aid from constituents or special friends. The greater number of the Labour members who entered the House in 1906 owed theii: places to funds advanced by workingmen, especially by trade imions. In consequence of the Osborne judgment, the Labour party felt that their very existence was imperilled, but the Liberal Government reassured them in part by securing statutory payment of all members (;£'4oo per annum), beginning in 191 1. In Extract I'j are parts of two speeches deliv- ered in the course of the debate on the payment of members, the one by Mr. Arthur Lee, a strong Conservative opponent, and the other by Mr. Ramsay Macdonald, the Labour leader.] 8o BRITISH SOCIAL POLITICS Extract 12 INTRODUCTION OF TRADE UNIONS AND TRADE DISPUTES BILL (Sir John Walton, Attorney-General, Commons, March 28, igo6) Sir John Walton ^ : . . . In their early days trade unions had to struggle against the ban of common law and repressive statutes. They were organisations which interfered with the perfect free- dom of relationship between employers and employed and the free course of trade, and until a very recent period of our history this difficulty prevented any large extension of this industrial movement In 1824 and 1825 repressive legislation disappeared; and in 1859 a declaration was made giving to these societies the right to exer- cise the faculty of persuasion, provided they did so in a reasonable and peaceful manner. In 1867 the pulse of the democracy was quickened by the Borough Franchise Act of that year, with the result that we had a Royal Commission followed by the charter of trade unionism of 187 1, afterwards amplified and expanded by the supplementary Act of 1875. It is true that the legislation of 1871 and 1875 was limited in its scope. Its main aim was to remove the ban of the common law and the stigma of illegality from the operations of these bodies. It enabled them to register themselves, to frame rules, to amass property, to appoint agents, and to defend themselves and their funds from attack. It also created an impor- tant declaration limiting their criminal liability to those Acts only which are criminal if committed by individuals. But in regard to their responsibility to the civil law, legislation is absolutely silent. That silence has led to serious controversy in determining the aim of Parliament in connection with that legisla- tion. The House of Lords, which is the authoritative exponent of our law, and binds the High Court of Parliament as it binds every 1 Parliamentary Debates, Fourth Series, vol. 154, col. 1295 sqq. TRADE UNIONISM 8 1 other Court in the realm, has pointed out that that silence does not disturb the liability under which these unions rested under the common law of the country, that the fact of registration made them suable in respect of wrongful conduct in the name of the organisa-' tion which was placed on the register, and that since the year 1883 the amalgamation of our systems of judicature as they existed under the common law and in Courts of equity made that liability enforce- able by a form of action which up to that moment was only known in the Courts of Chancery. The period of thirty years between 187 1 and 1901 was a period of great material prosperity in regard to these unions. Their num- bers increased, their branches spread, their wealth grew. The funds which were available to meet claims that might be made upon them induced actions to be. brought in numerous quarters for the purpose of satisfying claims for redress for injuries attributed to conduct of which members of the community complained, and from 1892 on- ward a series of actions were successfully tried which at first took the form of actions for injunctions and afterwards of actions for damages. It is impossible to say that the result of this litigation did not create a serious situation. Trade unions are institutions which consist of the working-classes. Their funds represent the hard-earned savings of a large and most worthy section of the community, and they have been contributed in no small degree for the purpose of making provision against misfortune. This liabil- ity and its consequences have created a problem with which it is necessary that Parliament should deal, and which the Government have done their best to solve. In our opinion the law needs most careful examination, redefinition, and modification, and some of the general principles of the law require regulation in their application to these bodies. In the first place, let me call attention to the law of conspiracy. The expression " conspiracy " is a little apt to shake timid nerves, and to suggest periods of our history when our Constitution was unstable and when sinister designs against the Crown and society 82 BRITISH SOCIAL POLITICS were incidents of our public life. But conspiracy in law simply means combination to violate the rights of another. Combination is a conspiracy or agreement, and the fact that its object is to violate a right, constitutes it a criminal act and makes it subject to a claim for damages on the part of the person whose right has been vio- lated by the act so committed. This is a part of our law which I may describe as one of the blank spaces upon the juridical map. There are a few rough tracks across it emanating from different sources, and generally leading to different results. The wary and prudent litigant gives it as wide a berth as possible because it is the region of judge-made law ; and when he is once lost in that area it is not easy for him always to know exactly where he is or by what means he will escape from it. We propose that this region shall be carefully plotted out, that its frontiers shall be limited, and that there shall be carried through it a statutory highway which, so far, at any rate, as these organisa- tions are concerned, may be safely travelled by the most unwary traveller. The legislation of 1875, while it defined the law of con- spiracy in its criminal aspect, left that law, in so far as it is a de- partment of civil jurisprudence, entirely untouched ; and the result has been that this area has been the field of fierce struggles be- tween disputants of legal eminence. I doubt whether in our time the serene judicial atmosphere has ever been so much disturbed as it has been by different theories with regard to the law of conspiracy. . . . We propose to call in aid the principle which was established by the Act of 1875. It was there declared that the character of an act committed by a trade union within the purview of the criminal law should depend on the consideration of whether it was criminal or not, assuming it to be the act of an individual. And so we say in regard to the applications of the civil law, that that act shall be right or wrong, shall be lawful or unlawful, according as it would be lawful or unlawful, judged on the assumption that it has been committed by an individual and not by a combination; TRADE UNIONISM 83 and I submit to the House that there is no other solution than that which I have suggested. The next subject upon which I propose to say a few words is that of peaceful picketing, which I prefer to call the right of peace- ful persuasion. What is the right of peaceful persuasion ? It is an essential part of the right to strike. How is it possible to strike unless you can persuade your fellows to join you ? How is it pos- sible successfully to conduct a strike unless you may persuade men who are introduced from a distance not to interfere between the strikers and their employer? The right to persuade those who would naturally join and swell your ranks, and the right to dissuade those who are brought in with a view to prevent the success of a strike, is absolutely essential for the effective conduct of an opera- tion of that kind. The law at present is in a condition that I think I may fairly describe as impracticable, if not absurd. How does it stand ? It is held to be perfectly lawful to point out to the men what are the points of difference. You may either ask for infor- mation with regard to the strike, or you may give them information with regard to the nature of the conflict between the workman and the employer. But if you go one step further and so present the information you give them as to make your appeal in the nature of persuasion, you are then violating the law. The distinction is one which a legal mind may grasp ; but it is impossible to suppose that the distinction can be grasped by any advocate of a trade union who endeavours within the limits of the law as it now stands to give information to persons who are introduced from a distance and who are sought to be employed to take the places which the strikers have vacated. There are many illustrations in the decided cases which show that unless this part of the law is altered it is impossible to conduct a strike successfully. Further, in enacting, as we purpose to enact m express terms, the right peaceably to persuade, we are not calling upon the House to make a new law. We are only reviving a law which is as old as the year 1859, because in that year there was a provision put into 84 BRITISH SOCIAL POLITICS the statute upon this subject which was then passed, which attached an interpretation to a restrictive provision in an earlier Act. The statute used this language. It provided that no person should, by reason merely of his endeavouring peaceably, and in a reason- able manner, and without threats and intimidation, direct or indi- rect, to persuade, be deemed guilty of molestation or obstruction within the meaning of the Act of 1825, or should, therefore, be subject to prosecution or indictment for conspiracy. It may be said that the Act of 1875 repealed the Act of 1859. There is certainly no indication of repeal in that Act, and the history of the debates of that period shows that it was thought that the earlier provision held good. Therefore, in regard to this matter, we are only pro- posing to ask the House to take a step which occurs to us as emi- nently reasonable, as representing practical justice, and one which has the advantage of statutory precedent. . . . Let me summarise in a word or two what we contend is the result of all this legislation. In the first place, we remove the fet- ter which is placed upon the operations of these unions by the action of conspiracy. We give them permission, so long as they observe the law as it affects individuals, to carry out their own policy upon lines which commend themselves to their favorable con- sideration, and we allow them to know beforehand whether the conduct which they propose to pursue will or will not be in con- formity with the law. In the second place, we restore and give legislative sanction to the exercise of the right of peaceful per- suasion. In the third place, we so define and regulate the appli- cation of the law of agency as to obviate the injustice which I have indicated and given illustrations of. We do that first of all by giving to each of these unions an authoritative and articulate organ. We allow them to speak through some defined agent. We allow them to delegate their authority subject to certain restric- tions. We give them the right to disapprove of or repudiate acts which have been done in their name but without their approval or sanction. TRADE UNIONISM 85 I think that when this Bill is considered by the House, and dis- passionately considered by every section of this House, it may be regarded as a satisfactory solution of a very complicated question. At all events it is an honest attempt to solve the question. We have sought, as far as we can, to do what we consider is justice to these organisations without inflicting injustice upon the community at large. It may be that the Bill will not commend itself to all sections of opinion in this House. It is very seldom that Acts of Parliament do, but it is undoubtedly the fact that some of the statutes which have been most successful have on their introduc- tion offended Members on both sides. Compromise, however, is the genius of politics, although it is not a very pleasant lesson to learn. . . . Extract ij TRADE DISPUTES ACT, 1906 {6 Edw. 7, ch. 4f) An Act to provide for the regulation of Trades Unions and Trade Disputes. (21st December 1906) Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. Amendment of Former Act The following paragraph shall be added as a new paragraph after the first paragraph of section three of the Conspiracy and Protection of Property Act, 1875 : " An act done in pursuance of an agreement or combination by two or more persons shall, if done in contemplation or furtherance of a trade dispute, not be actionable unless the act, if done with- out any such agreement or combination, would be actionable." 86 BRITISH SOCIAL POLITICS 2. Peaceful Picketing (i) It shall be lawful for one or more persons, acting on their own behalf or on behalf of a trade union or of an individual em- ployer or firm in contemplation or furtherance of a trade dispute, to attend at or near a house or place where a person resides or works or carries on business or happens to be, if they so attend merely for the purpose of peacefully obtaining or communicating information, or of peacefully persuading any person to work or abstain from working. (2) Section seven of the Conspiracy and Protection of Property Act, 1875, is hereby repealed from '" attending at or near " to the end of the section. J. Removal of liability for Interfering with Another Person's Business An act done by a person in contemplation or furtherance of a trade dispute shall not be actionable on the ground only that it in- duces some other person to break a contract of employment or that it is an interference with the trade, business, or employment of some other person, or with the right of some other person to dispose of his capital or his labour as he wills. 4. Prohibition of Actions of Tort against Trade Unions (1) An action against a trade union, whether of workmen or masters, or against any members or officials thereof on behalf of themselves and all other members of the trade union in respect of any tortious act alleged to have been committed by or on behalf of the trade union, shall not be entertained by any court. (2) Nothing in this section shall affect the liability of the trustees of a trade union to be sued in the events provided for by the Trades Union Act, 187 1, section nine, except in respect of any tortious act committed by or on behalf of the union in contempla- tion or in furtherance of a trade dispute. TRADE UNIONISM 87 5. Short Title and Construction (i) This Act may be cited as the Trade Disputes Act, 1906, and the Trade Union Acts, 1871 and 1876, and this Act may be cited together as the Trade Union Acts, 187 1 to i$o6. (2) In this Act the expression " trade union " has the same meaning as in the Trade Union Acts, 187 1 and 1876, and shall include any combination as therein defined, notwithstanding that such combination may be the branch of a trade union. (3) In this Act and in the Conspiracy and Protection of Property Act, 1875, the expression " trade dispute " means any dispute be- tween employers and workmen, or between workmen and workmen, which is connected with the employment or non-employment, or the terms of the employment, or with the conditions of labour, of any person, and the expression "workmen" means all persons employed in trade or industry, whether or not in the employment of the em- ployer with whom a trade disput^^ arises ; and, in section three of the last-mentioned Act, the words "' between employers and work- men " shall be repealed. Extract 14 TRADE UNION ACT, 1871 {34 dr'ss Vict., ch.31, in part) 2. Trade Union not Criminal The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful so as to render any member of such trade union liable to criminal prose- cution for conspiracy or otherwise. J. Trade Union not Unlawful for Civil Purposes The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust. 88 BRITISH SOCIAL POLITICS 4. Trade Union Contracts Nothing in this Act shall enable any court to entertain any legal proceeding instituted with the object of directly enforcing or re- covering damages fo'r the breach of any of the following agree- ments, namely, 1. Any agreement between members of a trade union as such, concerning the conditions on which any members for the time being of such trade union shall or shall not sell their goods, transact business, employ, or be employed : 2. Any agreement for the payment by any person of any sub- scription or penalty to a trade union ; 3. Any agreement for the application of the funds of a trade union — (12) To provide benefits to members ; or {V) To furnish contributions to any employer or work- man not a merpber of such trade union, in con- sideration of such employer or workman acting in conformity with the rules or resolutions of such trade union ; or (c) To discharge any fine imposed upon any person by sentence of a court of justice ; or, 4. Any agreement made between one trade union and another; or, 5. Any bond to secure the performance of any of the above- mentioned agreements. But nothing in this section shall be deemed to constitute any of the above-mentioned agreements unlawful. . . . 6. Registry of Trade Unions Any seven or more members of a trade union may by subscrib- mg their names to the rules of the union, and otherwise complying with the provisions of this Act with respect to registry, register such trade union under this Act, provided that if any one of the pur- poses of such trade union be unlawful such registration shall be void. TRADE UNIONISM 89 7. Buildings for Trade Unions It shall be lawful for any trade union registered under this Act to purchase or take upon lease in the names of the trustees for the time being of such union any land not exceeding one acre, and to sell, exchange, mortgage, or let the same, and no pur- chaser, assignee, mortgagee, or tenant shall be bound to inquire whether the trustees have authority for any sale, exchange, mort- gage, or letting, and the receipt of the trustees shall be a dis- charge for the money arising therefrom ; and for the purpose of this section every branch of a trade union shall be considered a distinct union. 8. Property of Trade Unions All real and personal estate whatsoever belonging to any trade union registered under this Act shall be vested in the trustees for the time being of the trade union appointed as provided by this Act, for the use and benefit of such trade union and the members thereof, and the real or personal estate of any branch of a trade union shall be vested in the trustees of such branch, and be under the control of such trustees, theii' respective executors or adminis- trators, according to their respective claims and interests, and upon the death or removal of any such trustees the same shall vest in the succeeding trustees for the same estate and interest as the former trustees had therein, and subject to the same trusts, without any conveyance or assignment whatsoever, save and except in the case of stocks and securities in the public funds of Great Britain and Ireland, which shall be transferred into the names of such new trustees ; and in all actions, or suits, or indictments, or summary proceedings before any court of summary jurisdiction, touching or concerning any such property, the same shall be stated to be the property of the person or persons for the time being holding the said office of trustee, in their proper names, as trustees of such trade union, without any further description. 90 BRITISH SOCIAL POLITICS p. Actions by or against Trustees The trustees of any trade union registered under this Act, or any other officer of such trade union who may be authorised so to do by the rules thereof, are hereby empowered to bring or defend, or cause to be brought or defended, any action, suit, prosecution, or complaint in any court of law or equity, touching or concemmg the property, right, or claim to property of the trade union ; and shall and may, in all cases concerning the real or personal property of such trade union, sue and be sued, plead and be impleaded, in any court of law or equity, in their proper names, without other descrip- tion than the title of their office ; and jio such action, suit, prose- cution or complaint shall be discontinued or shall abate by the death or removal from office of such persons or any of them, but the same shall and may be proceeded in by their successor or successors as if such death, resignation, or removal had not taken place ; and such successors shall pay or receive the like costs as if the action, suit, prosecution, or complaint had been commenced in their names for the benefit of or to be reimbursed from the funds of such trade union, and the summons to be issued to such trustee or other officer may be served by. leaving the same at the registered office of the trade union. 10. Limitation of Responsibility A trustee of any trade union registered under this Act shal not be liable to make good any deficiency which may arise or happen in the funds of such trade union, but shall be liable only for the moneys which shall be actually received by him on account of such trade union. II. Treasurers Every treasurer or other officer of a trade union registered under this Act, at such times as by the rules of such trade union he should render such account as herein-after mentioned, or upon being re- quired so to do, shall render to the trustees of the trade union, or TRADE UNIONISM gi to the members of such trade union, at a meeting of the trade union, a just and true account of all moneys received and paid by him since he last rendered the like account, and of the balance then remaining in his hands, and of all bonds or securities of such trade union, which account the said trustees shall cause to be audited by some fit and proper person or persons by them to be appointed ; and such treasurer, if thereunto required, upon the said account being audited, shall forthwith hand over to the said trustees the balance which on such audit appears to be due from him, and shall also, if required, hand over to such trustees all securities and effects, books, papers, and property of the said trade union in his hands or custody ; and if he fail to do so the trustees of the said trade union may sue such treasurer in any competent court for the balance appearing to have been due from him upon the account last rendered by him, and for all the moneys since received by him on account of the said trade union, and for the securities and effects, books, papers, and property in his hands or custody, leaving him to set off in such action the sums, if any, which he may have since paid on account of the said trade union ; and in such action the said trustees shall be entitled to recover their full costs of suit, to be taxe4 as between attorney and client. 12. Penalties If any officer, member, or other person being or representing .himself to be a member of a trade union registered under this Act, or the nominee, executor, administrator, or assignee of a member thereof, or any person whatsoever, by false representation or impo- sition obtaiii possession of any moneys, securities, books, papers, or other effects of such trade union, or, having the same in his possession, wilfully withhold or fraudulently misapply the same or wilfully apply any part of the same to purposes other than those expressed or directed in the rules of such trade union, or any part thereof, the court of summary jurisdiction for the place in which 92 BRITISH SOCIAL POLITICS the registered office of the trade union is situate, upon a complaint made by any person on behalf of such trade union, or by the regis- trar, or in Scotland at the instance of the procurator fiscal of the court to which such complaint is competently made, or of the trade union, with his concurrence, may, by summary order, order such officer, member, or other person to deliver up all such moneys, securities, books, papers, or other effects to the trade union, or to repay the amount of money applied improperly, and to pay, if the court think fit, a further sum of money not exceeding twenty poundsy together with costs not exceeding twenty shillings ; and, in default of such delivery of effects, or repayment of such amount of money, or payment of such penalty and costs aforesaid, the said court may order the said person so convicted to be imprisoned, with or without hard labour, for any time not exceeding three months : Provided, that nothing herein contained shall prevent the said trade union, or in Scotland Her Majesty's Advocate, from pro- ceeding by indictment against the said party ; provided also, that no pra^on shall be proceeded against by indictment if a conviction shall have been previously obtained for the same offence under the provisions of this Act. zj. Registry of Trade Union With respect to the registry, under this Act, of a trade union, and of the rules thereof, the following provisions shall have effect : (i) An application to register the trade union and printed copies of the rules, together with a list of the titles and names of the officers, shall be sent to the registrar urider this Act: (2) The registrar upon being satisfied that the trade union has complied with the regulations respecting registry in force under this Act, shall register such trade union and such rules: (3) No trade union shall be registered under a name identical with that by which any other existing trade union has TRADE UNIONISM 93 been registered, or so nearly resembling such name as to be likely to deceive the members or the public : (4) Where a trade union applying to be registered has been in operation for more than a year before the date of such application, there shall be delivered to the registrar before the registry thereof a general statement of the receipts, funds, effects, and expenditure of such trade union in the same form, and showing the same particulars as if it were the annual general statement required as herein-after men- tioned to be transmitted annually to the registrar : (5) The registrar upon registering such trade union shall issue a certificate of registry, which certificate, unless proved to have been withdrawn or cancelled, shall be conclusive evidence that the regulations of this Act with respect to registry have been complied with : (6) .One of Her Majesty's Principal Secretaries of State may from time to time make regulations respecting registry under this Act, and respecting the seal (if any) to be used for the purpose of such registry, and the forms to be used for such registry, and the inspection of documents kept by the registrar under this Act, and respecting the fees, if any, to be paid on registry, not exceeding the fees speci- fied in the second schedule to this Act, and generally for carrying this Act into effect. 14.. Rules of Registered Trade Unions With respect to the rules of a trade union registered under this Act, the following provisions shall have effect : (i) The rules of every such trade union shall contain provisions in respect of the several matters mentioned in the first schedule to this Act : (2) A copy of the rules shall be delivered by the trade union to every person on demand on payment of a sum not exceeding one shilling. 94 BRITISH SOCIAL POLITICS i^. Registered Office of Trade Unions Every trade union registered under this Act shall have a regis- tered office to which all communications and notices may be addressed ; if any trade union under this Act is in operation for seven days without having such an office, such trade union and every officer thereof shall each incur a penalty not exceeding five pounds for every day during which it is so in operation. Notice of the situation of such registered office, and of any change therein, shall be given to the registrar and recorded by him : until such notice is given the trade union shall not be deemed to have complied with the provisions of this Act. l6. Annual Returns A general statement of the receipts, funds, effects, and expendi- ture of every trade union registered under this Att shall be trans- mitted to the registrar before the first day of June in every year, and shall show fully the assets and liabilities at the date, and the receipts and expenditure during the year preceding the date to which it is made out, of the trade union ; and shall show separately the expenditure in respect of the several objects of the trade union, and shall be prepared and made out up to such date, in such form, and shall comprise such particulars, as the registrar may from time to time require ; and every member of, and depositor in, any such trade union shall be entitled to receive, on application to the treasurer or secretary of that trade union, a copy of such general statement, without making any payment for the same. Together with such general statement there shall be sent to the registrar a copy of all alterations of rules and new rules and changes of officers made by the trade union during the year preceding the date up to which the general statement is made out, and a copy of the rules of the trade union as they exist at that date. Every trade union which fails to comply with or acts in contra- vention of this section, and also every officer of the trade union, so failing, shall each be liable to a penalty not exceeding five pounds for each offence. TRADE UNIONISM 95 Every person who wilfully makes or orders to be made any false entry in or any omission from any such general statement, or in or from the return of such copies of rules or alterations of rules, shall be liable to a penalty not exceeding fifty pounds for each offence. I'/. Registrars The registrars of the friendly societies in England, Scotland, and Ireland shall be the registrars under this Act. ' The registrars shall lay before Parliament annual reports with respect to the matters transacted by such registrars in pursuance of this Act. 18. Fraud If any person with intent to mislead or defraud gives to any member of a trade union registered under this Act, or to any person intending or applying to become a member of such trade union, a copy of any rules or of any alterations or amendments of the same other than those respectively which exist for the time being, on the pretence that the same are the existing rules of such trade union, or that there are no other rules of such trade union, or if any person with the intent aforesaid gives a copy of any rules to any person on the pretence that such rules are the rules of a trade union registered under this Act which is not so registered, every person so offending shall be deemed guilty of a misdemeanor. . . . Extract t£ TRADE UNION ACT, 1876 (jp &= 40 Vict., ch.22, in part) I. Title This Act and the Trade Union Act, 1871, herein-after termed the principal Act, shall be construed as one Act, and may be cited together as the "Trade Union Acts, 187 1 and 1876," and this Act may be cited separately as the " Trade Union Act Amendment Act, 1876." . . . 96 BRITISH SOCIAL POLITICS p. Membership of Minors A person under the age of twenty-one, but above the age of six- teen, may be a member of a trade union, unless provision be made in the rules thereof to the contrary, and may, subject to the rules of the trade union, enjoy all the rights of a member except as herein provided, and execute all instruments and give all acquit- tances necessary to be executed or given under the rules, but shall not be a member of the committee of management, trustee, or treasurer of the trade union. 10. Nomination A member of a trade union not being under the age of sixteen years may, by writing under his hand, delivered at, or sent to, the registered office of the trade union, nominate any person not be- ing an officer or servant of the trade union (unless such officer or servant is the husband, wife, father, mother, child, brother, sister, nephew, or niece of the nominator), to whom any moneys payable on the death of such member not exceeding fifty pounds shall be paid at his decease, and may from time to time revoke or vary such nomination by a writing under his hand similarly delivered or sent ; and on receiving satisfactory proof of the death of a nominator, the trade union shall pay to the nominee the amount due to the deceased member not exceeding the sum aforesaid. II. Change of Name A trade union may, with the approval in writing of the chief registrar of Friendly Societies, or in the case of trade unions regis- tered and doing business exclusively in Scotland or Ireland, of the assistant registrar for Scotland or Ireland respectively, change its name by the consent of not less than two thirds of the total number of members. No change of name shall affect any right or obligation of the trade union or of any member thereof, and any pending legal TRADE UNIONISM 97 proceedings may be continued by or against the trustees of the trade union or any other officer who may sue or be sued on behalf of such trade union notwithstanding its new name. 12. Amalgamation Any two or more trade unions may, by the consent of not less than two thirds of the members of each or every such trade union, become amalgamated together as one trade union, with or without any dissolution or division of the funds of such trade unions, or either or any of them ; but no amalgamation shall prejudice any right of a creditor of either or any union party thereto. . . . 14. Dissolution The rules of every trade union shall provide for the manner of dissolving the same, and notice of every dissolution of a trade union under the hand of the secretary and seven members of the same, shall be sent within fourteen days thereafter to the central office herein-before mentioned, or, in the case of trade unions registered and doing business exclusively in Scotland or Ireland, to the assist- ant registrar for Scotland or Ireland respectively, and shall be registered by them : Provided, that the rules of any trade union registered before the passing of this Act shall not be invalidated by the absence of a provision for dissolution. . . . 16. Definition of ^^ Trade Union" The term " trade union " means any combination, whether tem- porary or permanent, for regulating the relations between work- men and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business, whether such combination would or would not, if the principal Act had not been passed, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade. 98 BRITISH SOCIAL POLITICS Extract i6 CONSPIRACY AND PROTECTION OF PROPERTY ACT, 1875 {38 Sr'SQ Vici., ch. 86, in part) 3. Conspiracy, and Protection of Property An agreement or combination by two or more persons to do or procure to be done any act in contemplation or furtherance of a trade dispute between employers and workmen shall not be indict- able as a conspiracy if such act committed by one person would not be punishable as a crime. Nothing in this section shaU exempt from punishment any per- sons guilty of a conspiracy for which a punishment is awarded by any Act of Parliament. Nothing in this section shall affect the law relating to riot, un- lawful assembly, breach of the peace, or sedition, or any offence against the State or the Sovereign. A crime for the purposes of this section means an offence pun- ishable on indictment, or an offence which is punishable on sum- mary conviction, and for the commission of which the offender is liable under the statute making the offence punishable to be im- prisoned either absolutely or at the discretion of the court as an alternative for some other punishment. Where a person is convicted of any such agreement or combi- nation as aforesaid to do or procure to be done an act which is punishable only on summary conviction, and is sentenced to im- prisonment, the imprisonment shall not exceed three months, or such longer time, if any, as may have been prescribed by the statute for the punishment of the said act when committed by one person. TRADE UNIONISM 99 4. Breach of Contract by Persons employed in Supply of Gas or Water Where a person employed by a municipal authority or by any company or contractor upon whom is imposed by Act of Parlia- ment the duty, or who have otherwise assumed the duty of supply- ing any city, borough, town, or place, or any part thereof, with gas or water, wilfully and maliciously breaks a contract of service with that authority or company or contractor, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to deprive the inhabitants of that city, borough, town, place, or part, wholly or to a great extent of their supply of gas or water, he shall on conviction thereof by a court of summary jurisdic- tion, or on indictment as herein-after mentioned, be liable either to pay a penalty not exceeding twenty pounds or to be impris- oned for a term not exceeding three months, with or without hard labour. Every such municipal authority, company, or contractor as is mentioned in this section shall cause to be posted up, at the gas- works or waterworks, as the case may be, belonging to. such au- thority or company or contractor, a printed copy of this section in some conspicuous place where the same may be conveniently read by the persons employed, and as often as such copy becomes de- faced, obliterated, or destroyed, shall cause it to be renewed with all reasonable despatch. If any municipal authority or company or contractor make de- fault in complying with the provisions of this section in relation to such notice as aforesaid, they or he shall incur on summary con- viction a penalty not exceeding five pounds for every day during which such default continues, and every person who unlawfully in- jures, defaces, or covers up any notice so posted up as aforesaid in pursuance of this Act, shall be liable on summary conviction to a penalty not exceeding forty shillings. lOO BRITISH SOCIAL POLITICS £. Breach of Contract involving Injury to Persons or Property Where any person wilfully and maliciously breaks a contract of service or of hiring, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to endanger human life, or cause serious bodily injury, or to expose valuable property whether real or personal to destruction or serious injury, he shall on conviction thereof by a court of summary jurisdiction, or on indictment as herein-after mentioned; be liable either to pay a penalty not exceed- ing twenty, pounds, or to be imprisoned for a term not exceeding three fnonths, with or without hard labour. 6. Penalty for Neglect by Master Where a master, being legally liable to provide for his servant or apprentice necessary food, clothing, medical aid, or lodging, wil- fully and without lawful excuse refuses or neglects to provide the same, whereby the health of the servant or apprentice is or is likely to be seriously or permanently injured, he shall on summary conviction be liable either to pay a penalty not exceeding twenty pounds, or to be imprisoned for a term not exceeding six months, with or without hard labour. 7. Penalty for Intimidation or Annoyance Every person who, with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing, wrongfully and without legal authority — 1 . Uses violence to or intimidates such other person or his wife or children, or injures his property ; or, 2. Persistently follows such other person about from place to place ; or. TRADE UNIONISM lOI 3. Hides any tools, clothes, or other property owned or used by such other person, or deprives him of or hinders him in the use thereof ; or, 4. Watches or besets the house or other place where such other person resides, or works, or carries on business, or happens to be, or the approach to such house or place ; or, 5. Follows such other person with two or more other persons in a disorderly manner in or through any street or road, shall, on conviction thereof by a court of summary jurisdiction, or on indictment as herein-after mentioned, be liable either to pay a penalty not exceeding twenty pounds, or to be impris- oned for a term not exceeding three months, with or without hard labour. Attending at or near the house or place where a person resides, or works, or carries on business, or happens to be, or the approach to such house or place, in order merely to obtain or communicate information, shall not be deemed a watching or besetting within the meaning of this section. 8. Reduction of Penalties Where in any Act relating to employers or workmen a pecuniary penalty is imposed in respect of any offence under such Act, ancl, no power is given to reduce such penalty, the justices or court having jurisdiction in respect of such offence may, if they think it just so to do, impose by way of penalty in respect of such offence any sum not less than one fourth of the penalty imposed by such Act. . . . 7(5. Saving Clause Nothing in this Act shall apply to seamen or to apprentices to the sea service. . . . I02 BRITISH SOCIAL POLITICS Extract ly LABOUR AND THE PAYMENT OF MEMBERS OF PARLIAMENT {Mr. Arthur Lee and Mr. Ramsay Macdonald, Commons, August JO, igii) Motion moved by Mr. David Lloyd George, Chancellor of the Exchequer, That, in the opinion of this House, provision should be made for the payment of a salary at the rate of four hundred pounds a year to every Member of this House, excluding any Member who is for the time being in receipt of a salary as an officer of the House, or as a Minister, or as an officer of His Majesty's Household. Mr. Lee^: ... I claim, and that is my argument, that the representatives of the people are entirely in a different category from servants of the State ; they are not servants even of their constituencies. They are free representatives of their constitu- encies ; at any rate, they have been in the past and I hope they will so remain. It is further not essential they should give their whole time to the business of Parliament. It is well known many ■•of the most useful and influential Members of this House have not given their whole time. If a change of this kind is desired I maintain the people ought to be consulted with regard to it, be- cause at least it is they who have to pay. I feel strongly it is not fair, at any rate it is highly undesirable, to hold out this bait to men who have in their hands the power to confer this pecuniary benefit upon themselves. It is. a temptation which may warp their judgment. It is a temptation, not to poor men only, but even to well-to-do and to rich men as well, because, whatever a man's income may be, whether it is ;^ioo or ;^i 0,000 a year, his com- mitments and responsibilities are probably in proportion. And I 1 Parliamentary Debates, Commons, Fifth Series, vol. 29, col. 1366 sqq. TRADE UNIONISM 103 venture to say there is no man, even well-to-do or rich, to whom an additional ;^4oo would not be a real convenience. It certainly would be in my case. I say it is asking too much of human nature to bring a motion of this kind before the House and to expect a majority of Members will seriously resist the proposal when it means an injury to their financial interests. It is so very much easier to welcome an inflow of money than its outflow. Therefore I recognise this proposal is bound to have a fatal popularity within the walls of Parliament, but I also venture to think it will be justly and greatly unpopular outside. Above all, I object to it because I believe it will sound the death- knell of that system of voluntary service which has been the chief and unique glory of British public life. I have spoken strongly be- cause I feel more strongly on this particular subject than on almost any other in the whole range of politics. In every election address I have issued, and in the numberless speeches I have made to my constituents, I have expressed my repugnance to the proposal that Members of Parliament should be paid for their work as repre- sentatives of the constituencies, and the objections I felt to it when the proposal was only in an academic form have been deepened and confirmed by the effect which the near realisation in a concrete form of this proposal has already had upon the House of Commons. I have, in the eleven years I have been in this House, seen many regrettable incidents, but I cannot recall any more repellent or humiliating spectacle than the House of Commons, the very day after it has taken into its own hands by force supreme and exclu- sive control over the nation's finances,^ hungrily seizing without even a decent interval upon the first opportunity after the Bill is passed to help themselves out of the pockets of the taxpayers. The Government in this matter appears to be insatiable. Not con- tent in this week with dragging the Crown through the mire of party politics, not content with destroying the legislative authority of the other House of Parliament, they are now proposing to 1 Cf . infra, ch. ix. I04 BRITISH SOCIAL POLITICS destroy the moral authority of the House of Commons as well. It is because I love the House of Commons and am proud of it that I wish the votes of my hon. Friends on .this side to save it, if possible, from this wanton and unnecessary humiliation. . . . Mr. Ramsay Macdonald : ... It is a profound mistake for the hon. Gentleman to assume that you have not got payment of Members now. You have payment of Members now ; you have payment by the classes to whom the Members belong. I wish to refer to a significant expression which the hon. Gentleman used. He said : If this is done, it cannot be undone. The reason why it cannot be done is this : When we who sit on this side of the House come into office, we will not be able to move that this Resolution be no longer operative, be- cause they will tell us we are driving our opponents out of the House. But if the undoing of this Resolution would be driving their oppo- nents out of the House, is not the failure to pass it keeping your .opponents out of the House ? Mr. Lee : I said we should be accused of driving some hon. Members out of the House. I say that I think this principle will bring in a certain new style of Member. ' Mr. Ramsay Macdonald : But it surely cannot bring a worse type of Member than my hon. Friends. Let me say quite frankly that I doubt if there are two Members who would be here if they were not paid to be here, and therefore my remark is a perfectly proper one. Consequently, I repeat my argument that the persons who are going to come in are not going to be persons of low moral character, they are not going to be undesirable persons, but they are going to be the type of men who cannot get in here now, be- cause when you are in here you have to live on your wits by being a company promoter, a lawyer, a half-pay officer, the son of a rich father, or that rich father himself. Consequently the people who are going to be driven out are not people who are undesirable, but people who are representative, and that is the point. Until the door is sufficiently opened by my right hon. Friend's Resolution, TRADE UNIONISM 105 these people cannot come here unless they are Members of the Irish party, or Members of our own party. There is one point that I will deal with in a second. I must deal with it, because probably nobody else can deal with it in the same way. The hon. Member said something about the Osborne Judgment. There was no attempt at bargaining over that. He said at the beginning that the principle involved in the payment of Members must be justified or con- demned. That ground is a totally different one from that upon which the Osborne decision has got to be justified or condemned. I accept every word my hon. Friend said in that respect. The trade unionists were driven by the sheer necessity of the circum- stances to lay their heads and their funds together for the purpose of paying certain out-of-pocket expenses for the men. Theoret- ically, I have never justified that. I am not going to do it now. All I say is that if this House neglected to do its duty, then things had to be strained in order that the representative character of this House should be maintained. I welcomed certain things that hap- pened which compelled this House to face its own responsibilities, to turn its eyes away from trade unions for the fulfilling of the responsibilities which this House ought to do itself. We have said all along that we desire the reversal of the Osborne Judgment, not that trade unions may pay Members, but that they may be. able to do certain other things. We desire the pa3nTient of Members, because we maintain that this House, with its changed functions, widened field of operations, increased nearness to the lives of the common people must be representative of the common people, and that their representatives ought not to be asked to come here as the private and secret pensioners of political parties, having their election expenses paid by the party opposite, or the party on this side, and when they are sent out into the country to take part at bye-elections receiving fees in order to enable them to remain here — kept here on secret party funds, the subscribers to which cannot be published in the light of open day. I say that is the sort of thing that is going to degrade workingmen. That I06 BRITISH SOCIAL POLITICS is the sort of thing that is going to degrade not only the working- man, but the professional man, or the labourer. The man who comes in under these circumstances, belonging to either party, is the man who is going to degrade public life and lower the charac- ter of the House. If we are going to come here, we are going to be paid by the State for services done for the State in the open light of day, our constituencies knowing precisely what we get, how we get it, and examining our operations here in justification of the way we get it. It is because I believe that will raise the dignity of the House, rather than lower it, it is because I believe that when we are paid we shall feel as proud as we do now of be- ing Members of this House, sharing in its discussions, and taking part in its work, that I will give my heartiest support to the Reso- lution moved by my right hon. Friend. CHAPTER III CHILD WELFARE [Mr. Asquith, addressing the Commons on April i8, 1907, said : " There is nothing that calls so loudly or so imperiously as the possibilities of social reform. . . . First of all there is the child for whom heredity and parental care have perhaps done nothing or worse than nothing. And yet it is the raw material, upon the fashioning of which depends whether it shall add to the common stock of wealth and intelligence and goodness, or whether it shall be cast aside as a waste product in the social rubbish heap. . . . ' When Queen Victoria ascended the throne, hardly one act of Parliament really represented the protective interest which Mr. Asquith meant that the State should take in the welfare of the young, and members of Parliament had long showed themselves very chary about interfering with what many honest people thought to be exclusive rights and liberties of parents. Aside from partial factory and mines regulation, there was little State action, even in education, until the seventies. In the year 1869-1870, the total cost of education to the public in the form of Parliamentary grants — for of course there was then no rate-aid — was ;^72i,ooo. But various subsequent educational acts widened the sphere of State control until by 1906-1907 the almount spent on education from Parliamentary grants and local rates reached ;^2 5, 144,000. While the Unionists were still in office, an important Inter- departmental Commission on Physical Deterioration was appointed. 1 Mr. Asquith was urging social legislation in favour of the aged as well as of the child, Cf. infra, p. 136. IQ7 I08 BRITISH SOCIAL POLITICS The report of this Commission,^ published on July 28, 1904, con- tained some fifty-three recommendations, a large proportion of which were concerned with child life. Children in all schools and factories should periodically be weighed and measured ; the results, together with the weekly reports of medical officers to Boards of Guardians, should be forwarded to a new advisory council, which would thus collect valuable data; overcrowding should be dealt with in the worst districts by fixing a standard (of two persons per room for tenements of one, two or three rooms) not to be ex- ceeded after a certain date ; persons displaced might be transferred to labour colonies, and their children sent to public nurseries or boarded out ; factory and workshop inspection should be stricter and include medical inspection ; building by-laws and the provision of open spaces should receive further attention ; special attention should be paid to milk supply, and standards fixed to check the adulteration of all foods; provision should be made by the local authorities for dealing with underfed children — possibly by the school preparing food given by private benevolence, but no special system was specified ; hygiene and the effects of alcoholism should be well taught in schools, and cookery continuation classes were urged ; cleanliness should be pressed upon the children, notably as to teeth, eyes, and ears ; in country districts the school curriculum should be made suitable for country children, who should not go to school too young ; attention should be paid to children's games and boys' and girls' clubs, and juvenile smoking should be re- pressed. Generally the Report contemplated greatly increased State and municipal action in conjunction with private benevolence, and for the benefit in the main of the rising generation. Towards the fulfilment of this programme, the Liberal Govern- ment from their victory in 1906, together with their Labour allies, worked steadily, and in carrying out most of the important measures the Conservatives cooperated. On February 22, 1906, a bill was in- troduced in the House of Commons by Mr. W. T. Wilson, a Labour J Annual Register, 1904, p. 195. CHILD WELFARE 109 member, dealing with the provision of meals for necessitous chil- dren in elementary schools. Mr. Wilson moved second reading of the bill on March 2 (Extract iS). It was opposed by Mr. Harold Cox, Liberal member for Preston ^ {Extract ig), and by others, as lessening parental responsibility and tending to lower wages, but Mr. Augustine Birrell, President of the Board of Education, in a happy speech {Extract 26) approved of the measure in behalf of the Government. The bill was subsequently passed in an amended form in both Houses and received the royal assent on December 21. This statute, known as the Education (Provision of Meals) Act, igo6, is given below as Extract 21. This was only a beginning of the legislation affecting children. In 1907 the Education Act contained special provisions for play centres and for free medical inspection of children. To decrease the alarming infant mortality and secure proper medical care for young children, Lord Robert Cecil, a distinguished Conservative member of the House of Commons, introduced a bill on April 23 {Extract 22) , which was eventually enacted as the Notification of Births Act. In the same year the Probation of Offenders Act dealt with juvenile offenders along reformatory rather than punitive lines. The Children Act, which Mr. Herbert Samuel, Under-Secretary of State for the Home Department, introduced on February 10, 1908, and which passed third reading in the Commons on October 19 and in the Lords on November 30, and received the royal as- sent on December 21, dealt with practically every phase of infant and child life, protection of infants and little children, treatment of children in reformatories and industrial schools, the question of juvenile crime, children's courts and probation officers. A slight idea of the nature and scope of this Act may be gathered from Mr. Samuel's remarks on First Reading {Extract 2j) . The health and general welfare of children, as well as of adults, were in the minds of the framers and advocates of the Housing and Town Planning Act of 1909.^] 1 Mr. Cox frequently voted with the Unionist minority. 2 cf, infra, ch. vii. no BRITISH SOCIAL POLITICS Extract i8 PROVISION OF MEALS FOR SCHOOL CHILDREN {Mr. W. T. Wilson, Commons, March 2, igo6) Mr. Wilson ^ said he did not think anyone in the House would doubt that a very large number of children went to school without food, or underfed, and the object of the Bill was to provide that meals should be given to such children. Of course, differences of opinion might arise in the House as to who should be responsible for the feeding of the children. Some hon. Members might say that it was the duty of the parents to see that their children were, fed, but when they considered the amount of wages that some par- ents earned, they must be satisfied that it was an absolute impossi- bility for them properly to feed and clothe their families. There were hundreds of thousands of families in ,this country whose weekly income did not exceed i8s., and he thought the House would agree that if the children in these families averaged more than three, it was almost impossible for them to be fed as they ought to be. Taking i8s. as the average rate of wages of a very large number of unskilled workers in this country — and he was sorry to say that during the last three years many skUled workers had not earned more than i8s. a week^ — and taking the average family as consisting of three children, taking the rent at 4s. 6d. a week, and allowing three meals per head per day at i Jd. per head per meal, it would be seen that the whole of the wages were gone, and nothing was left for clothing, fire, and the hundred and one things required in a household. Therefore, children whose parents were in that position should at least be fed. It was not the fault of the children that they were there, and if the parents through force of circumstances were unable to feed them properly, the State should see that they were fed. 1 Parliamentaiy Debates, Fourth Series, vol. 152, col, 1390 sqq. - CHILD WELFARE III The State recognised that it was to its best interests that the children should be educated, and it was only right that the children should be in a fit condition to receive instruction. Better results would then accrue from education. The education authority was the proper authority to deal with the question. He went further and said that even in cases where the parents of children were earning sufficient to provide them with food, if the education au- thority thought it would be to the best interests of the State that those children should be fed, they should have the power to feed them and to make a charge upon the parents afterwards. In many of the industrial centres both fathers and mothers were working during the day, and if the children had the opportunity of having meals supplied by the authority, they would be quite willing to pay for such meals. Even if the parents were unable to pay, they should not be pauperised by accepting such assistance. He asked the House to look at the matter from a strictly business standpoint. Everyone must have noticed the very large number of what he might term human weeds among the children who attended the schools of the State. The present system which permitted children to attend school in an underfed condition was the means of, he was almost going to say, manufacturing undesirables ; but undoubtedly it was to a great extent responsible for physical deterioration. If that deterioration could be arrested by.providing children with food, they would have done something which would be beneficial to the nation in the future. No one would deny that if a child went to school with a fuU stomach, it was in a better condition to receive instruction, and would be more fitted to take its place in life. The fact that children attended school underfed was also respon- sible for mental deterioration. He was convinced that the presence of a large number of inmates of lunatic asylums and epileptic homes could be traced to the fact that in their early days they were underfed. No one would deny, too, that underfeeding had a tend- ency to create disease. He was sure that their being underfed was a direct incentive to crime on the part of children. 112 BRITISH SOCIAL POLITICS In the opinion of sonie who were opposed to the State feeding of children reliance ought to be placed upon charity. They had re- lied upon charity too long as it was. . . . Charity was not a reliable source from which to provide meals for children, and therefore he asked the Government to accept the Bill to provide underfed school children with at least one good meal a day. If this was done he felt sure the nation would appreciate it. From a business point of view the money would be well invested, because not only would the children be better equipped for fighting the battle of life, but it would be found in the near future that the expenditure on prisons, workhouses, and asylums was considerably reduced, and therefore the money invested would be returned with interest. He moved the Second Reading of the Bill, because he believed it would be to the best interests and the welfare of the nation, and he asked the House in the name of humanity and Christianity to adopt the Bill. Extract ig OPPOSITION TO PROVISION OF MEALS {Mr. Harold Cox, Commons, March 2, igo6) Mr. Cox ^ said he should like to move the following Amendment to the Provision of Meals Bill : That it is undesirable to proceed further with a measure which would diminish the responsibility of the parents for the maintenance of their children, and would tend to lower the wages of the poorer classes. His reason for objecting to this Bill was that it dealt only with a symptom instead of with the disease itself. People saw that a cer- tain number of children going to school were badly fed. They were horrified at the fact, and they proceeded at once to expostulate, but the remedy they suggested was merely to feed these particular children. But, surely, when a child was sent to a school improperly 1 Parliamentary Debates, Fourth Series, vol. 152, col. 14 13 sqq. CHILD WELFARE 113 fed it meant that there must be something wrong in the home of the child. Obviously, then, the first thing to do was to ascertain what was wrong with the homes — in other words, before they dealt with the problem of the school children they must make in- quiry at the homes as to what was the cause of the underfeeding of the children. This Bill provided no machinery for such an inquiry. Yet ex- perience proved conclusively that where inquiry did take place, then those symptoms which appeared to be so serious at first sight turned out to be comparatively unimportant in relation to other and graver diseases. He would take the case of Johanna Street School. The hon. Member for North Camberwell and other investigators about twelve months ago visited that school, and complained that a num- ber of children were underfed. That complaint was dealt with by the Board of Guardians, who instructed their superintending reliev- ing officer to inquire into the actual homes of the children and as- certain the causes of the underfeeding. What did he find ? In the first place, the parents in all the houses whence underfed children came were instructed to apply to the relieving officer if they wanted food. Only in one case was any application made. That alone seemed to dispose of the fact that it was impossible for the parents to feed their children. That was not all. They found in many cases that the incomes of the families ranged from 20s. up to as much as 72 s. a week. An Hon. Member : These facts were subsequently challenged. Mr. Cox said at any rate they had them on the authority of the Lambeth Boaird of Guardians. But what was more important still was that in many houses where parents were asked why children were sent to school without a proper meal, the answer was some- thing to this effect, " Oh, we heard that other children were getting meals for nothing and we thought ours might do the same." They would have to begin not with the child, but with the family. They had to ask what was wrong in the family. Two things might be wrong in the family. Either the family might 114 BRITISH SOCIAL POLITICS . be honest but poor through adverse circumstances, or it might be drunken and dishonest. In the .first event it was their duty to relieve the family as a whole, and not to pick out one child. In the second event, it might, in extreme cases of drunkenness or other serious vice, be necessary to remove the children from the family altogether. In the majority of cases, however, it would be sufficient to screw up the parents to a realisation of the duty that they owed to their children. The simplest way of accom- plishing that object, and certainly the least expensive, would be to placard the doors of the houses of parents who wilfully sent their children to school underfed with the simple announcement, " These people send their children to school without feeding them." An Hon. Member : What a statesmanlike suggestion that is ! Mr. Cox said he could quite understand hon. Gentlemen on the other side objecting to his proposal, for he gathered from some of their speeches this afternoon that their object was to relieve parents of all their responsibilities. . . . The effect of this Bill would be to create a body of workingmen who, instead of helping their fellows and standing alone, would be sponging upon their fellow workers. What would be the effect on the child ? [An Hon. Member : It would be better fed.] If they took the child away from the home, they would in the first place lower the standard of the home. [" No, no."] That might seem a striking statement to make, but it was borne out by the experience of people who spent their lives in working among the poorer classes. The duty of providing for a child was one of the greatest bonds in keeping up the standard of a home. A woman was ashamed to be drunk in the presence of her child. Take away the child and that motive for self-restraint was gone. He had been told of the case of a poor woman with an illegitimate child, who was working honourably to maintain it Some charitable people thought it was very hard upon her to have to keep a child out of her scanty wages, and so they relieved her of her burden and took the child away. What was the result? CHILD WELFARE IIS That poor woman, with no longer any stimulus to exertion or motive for maintaining a higher standard, dropped gradually down to the lowest depths of degradation. Mr. J. Ward on a point of order said there was no suggestion of taking the children away from the parents. Mr. Speaker : I think the hon. Member's observations were in order. I see no reason to interfere. Mr. Cox said he was sorry he was not making his argument clear to his hon. Friend, but he was pointing out that if they were to give meals, they must also give boots and clothing. Then they must begin to ask under what conditions the child lived, and what kind of rooms it slept in, was it washed before it was put to bed, and did it sleep in a decent cot at night. [" Hear, hear," from the Labour Benches, and cries of " Why not ? "] Mr. Crooks : We should do it ; we should not ask. Mr. Cox : Then the hon. Member's colleague had been a little slow in taking his point. When they had asked themselves these questions they were driven to say, "We must take this child away. We must house it somewhere else, where it can get better air, etc." They would house it in a beautiful building, with sani- tary walls, and provide neat little beds arranged in rows all exactly alike. They would feed it well at long tables with others and clothe it well, but there would be no holidays for that child. It would always live in this great barrack. [" Why ? "] If the home was unfit for it in school-time, it was unfit for it in holiday time, and it would be a crime to send it back to the home from which they had rescued it. It would always live in this barrack with never a holiday and never a sight of the ordinary human relation- ships that mankind enjoyed. An Hon. Member : Is that in the Bill ? Mr. Cox : It is a consequence of the Bill. They had got, he said, to think in all these social problems of where they were drifting. His hon. Friend the Member for Merthyr Tydfil [Mr. Keir Hardie] was far-sighted enough to see where he was going. Il6 BRITISH SOCIAL POLITICS but there were a great many Members on both sides of the House who did not see where they were going [" Oh, oh "], and where this Bill would lead to. When they had got these children fed and clothed, did they imagine they had made the children happy ? Was there not something else which every child wanted — something that could not be provided by any Act of Parlia- ment? Was there not love of home and parents? It was that love they were going to destroy, and when they had destroyed it, they would put nothing in its place. They could not. Did they think they would have solved the problem of poverty ? They would have only made more people willing to accept dependence upon others. It was not by such methods as these that they would raise the mass of the people to a better condition. In the long run they could only raise people by teaching them to raise themselves, but the effect of this Bill would be to encourage people to degrade themselves. Extract 20 GOVERNMENT ADVOCACY OF PROVISION OF MEALS {Mr. Augustine Sirrell, President of the Board of Education, Commons, March 2, igo6) Mr. Birrell ^ said they had had an interesting and profitable discussion, and many speeches had been made by new Members, who had shown an almost alarming capacity for taking an active part in the debates. It was a subject which touched all of them, this of hungry children in schools. Most Members of the House, he suspected, were fathers, all of them had been children, and some of them had been teachers, and in all these capacities they knew that to attempt to teach a hungry child, faint and weat, the elements of learning, either divine or human, was an act of 1 Parliamentary Debates, Fourth Series, vol. 152, col. 1440 sqq. CHILD WELFARE I17 cruelty. They also knew that to attempt anything of the kind at the expense of either the taxpayer or the ratepayer was a waste of public money. This was, therefore, in the first place an educational question. He protested in the name of the teachers against so odious a duty being imposed upon them as the attempt to teach hungry children. He knew quite well how generously teachers had ap- proached the task, how kindly they had attempted to discharge it, and what a heavy tax it too often was upon their slender resources to try and mitigate the evils and the hardships that came under their attention. There was the hungry child ; they must either feed it or turn it away ; and as the Minister for Edu- cation he could not be responsible for the latter alternative. * As everybody was agreed that the child could not be taught before it was fed, then fed it had to be. The next question was. By what agency was the feeding to be done ? It appeared to him that the proper agency, in the first instance, to see that this primary step was taken was the edu- cation authority itself. As to whether or not local education authorities should have the power, if so disposed, to try the experiment of providing food for a considerable number of the children who might avail themselves of it, endeavouring to be repaid the cost of the meals, he reminded the House that that course had been adopted for many years in Paris, in connection with the cantines scolaires, and had worked exceedingly well. There was one advantage of teaching poor children what a good dinner was, that it raised their own standard very much, and created in their youthful stomachs a divine dissatisfaction with their lot. He could conceive no greater service to posterity than to raise_ the standard of living in the children of the present day. Therefore he should be sorry to forbid by law a local authority trying the experiment of feeding children upon a larger scale than would be necessary if it were to be confined to neces- sitous children. In Paris 10,500,000 meals were given in 1904; Il8 BRITISH SOCIAL POLITICS of those it was difficult to ascertain what proportion were given gratuitously, but it was certain that a very large proportion were given in exchange for payment. He thought that what Paris could do London ought to be able to do, especially after the visit of the County Councillors to the French capital. There it was found possible to combine a good system of feeding the children, which should be gratuitous to those whose parents stood in need of it without in any way interfering with payment by those who could afford to pay. That was the only reason why he should be rather sorry were the local authority to be prohibited from attempting to do something of the same sort as was done in Paris. That being so, the question became one rather of detail. What means were to be employed to see that they were not imposed upon ? Of course, parental responsibility was a great ideal, but how it could really be destroyed either by free meals being given to very poor children or by meals being given to children for which they paid, he was at a loss to conceive. He was not one of those who loved the phrase " the children of the State." It was a phrase which grated upon his ear. The State could not have any children. The mace on the table might as well beguile its ample leisure by the hope of a child. Man was born of a woman, and not of the Local Government Board, and anything which in any way interfered with the family as the unit of our civilisation was greatly to be deplored. On what rate was the burden to fall ? Was it more convenient it should fall on the education rate or on the poor rate ? Whether the education rate or the Ppor Law rate was the better fund to bear the burden when they failed to recover the cost was a question which might fairly be considered by the Committee to which he hoped the Bill would be referred. He hoped the Com- mittee would take into consideration the whole question as to how local authorities might work the powers conferred by this Bill. Charity was not to be sneezed at, but it required to be steady CHILD Welfare 119 and well-organised, otherwise it was apt to be sporadic, fanciful, and fitful. He hoped, too, that local education authorities would fully consider whether they could not properly utilise voluntary agencies and organise and receive contributions from them in aid of the rate or any other relief they might think necessary to establish. He did not suppose for a moment that any popularly- elected body, with ratepayers behind it, would be anxious to in- crease the burden of the rates, or that they would desire to discourage the assistance of charitable persons in the community. He thought it was not much use saying that this question was part of a far greater question — everything was part of a greater question. Everything was part and parcel of education. From the teacher's point of view, boots were not so important as that the child should be fed. This was a practical problem which pre- sented itself every day in almost every school in the great towns, and we had to deal with the problem. He was quite content to leave posterity to deal with a great many other problems which might arise. Extract 21 EDUCATION (PROVISION OF MEALS) ACT, 1906 {6 Edw. 7, ch.^T) An Act to make provision for Meals for Children attending Public Elementary Schools in England and Wales. (21st December 1906) Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : 120 BRITISH SOCIAL POLITICS I. Special Power of Local Education Authority A local education authority under Part III of the Education Act, 1902, may take such steps as they think fit for the provision of meals for children in attendance at any public elementary school in their area, and for that purpose — {a) may associate with themselves any committee on which the authority are represented, who will undertake to provide food for those children (in this Act called a " school can- teen committee ") ; and ih) may aid that committee by furnishing such land, buildings, furniture, and apparatus, and such officers and servants as may be necessary for the organisation, preparation, and service of such meals ; but, save as herein-after provided, the authority shall not incur any expense in respect of the purchase of food to be supplied at such meals. 2. Recovery of the Cost of Meals (i) There shall be charged to the parent of every child in respect of every meal furnished to that child under this Act such an amount as may be determined by the local education authority, and, in the event of payment not being made by the parent, it shall be the duty of the authority, unless they are satisfied that the parent is unable by reason of circumstances other than his own default to pay the amount, to require the payment of that amount from that parent, and any such amount may be recovered summa- rily as a civil debt. (2) The local education authority shall pay over to the school canteen committee so nriuch of any money paid to them by, or re- covered from, any parent as may be determined by the authority to represent the cost of the food furnished by the committee to the child of that parent, less' a reasonable deduction in respect of the expenses of recovering the same. CHILD WELFARE 121 J. Power of Local Education Authority to defray the Cost Where the local education authority resolve that any of the chil- dren attending an elementary school within their area are unable by reason of lack of food to take full advantage of the education provided for them, and have ascertained that funds other than public funds are not available or are insufficient in amount to de- fray the cost of food furnished in meals under this Act, they may apply to the Board of Education, and that Board may authorise them to spend out of the rates such sum as will meet the cost of the provision of such food, provided that the total amount expended by a local education authority for the purposes of this section in any local financial year shall not exceed the amount which would be produced by a rate of one halfpenny in the pound over the area of the authority, or, where the authority is a county council (other than the London County Council), over the area of the parish or parishes which in the opinion of the council are served by the school. 4-. Provisions as to Disfranchisement . The provision of any meal under this Act to a child and the fail- ure on the part of the parent to pay any amount demanded under this Act in respect of a meal sh^ll not deprive the parent of any franchise, right, or privilege, or subject him to any disability. J". Application of Education Acts (i) The powers of a local education authority under this Act shall be deemed to be powers of that authority under the Educa- tion Acts, 1870 to 1903, and the provisions of those Acts as to the manner in which the expenses of a local education authority are to be charged and defrayed, and as to borrowing, and as to the man- ner in which the amount which would be produced by any rate in the pound is to be estimated, shall apply to expenses incurred and 122 BRITISH SOCIAL POLITICS money borrowed under this Act, and to the estimate of the produce of any rate in the pound for the purposes of this Act. (2) Any expression to which a special meaning is attached in the Education Acts, 1870 to 1903, shall have the same meaning in this Act, except that for the purposes of this Act the expression "child" shall, notwithstanding anything in section forty-eight of the Elementary Education Act, 1876,^ include any child in attend- ance at a public elementary school. 6. Provision as to Teachers No teacher seeking employment or employed in a public elemen- tary school shall be required as part of his duties to supervise or assist, or to abstain from supervising or assisting, in the provision of meals, or in the collection of the cost thereof. 7. Application to Scotland This Act shall not apply to Scotland. 8. Title This Act may be cited as the Education (Provision of Meals) Act, 1906. Extract 22 INTRODUCTION OF NOTIFICATIONS OF BIRTH BILL, 1907 (Lord Robert Cecil, Commons, April zj, igoy) Lqrd R. Cecil " in moving for leave to introduce a Bill to pro- vide for the early notification of births, said that he had taken the unusual course of asking leave under the ten minutes rule, because of the very great gravity of the evil with which the Bill, however 1 39 & 40 Vict., ch. 7g. 2 Parliamentary Debates, Fourth Series, vol. 172, col. 1582 sqq. CHILD WELFARE 1 23 imperfectly and however modestly, attempted to deal. At the pres- ent moment 120,000 infants under one year of age died in this country every year, and it was no exaggeration to say that of these 60,000 might be saved if proper measures were taken. Such a state of things required the very earnest consideration of the House, for it amounted to this, that out of every 1000 children born in this country 1 45 died without reaching the age of one year ; and there were particular localities in which as many as 250, 300, or even 400 out of every 1000 bom died at that early age. It was no exaggeration to say that half of them might be saved ; for the rate in some of our Colonies was no higher than seventy per 1000, and in some of our own counties it was not higher than eighty-four. The seriousness of the question was not diminished by the fact that while the general death-rate in this country had been much diminished as the result of sanitary measures, the infantile death rate remained practically stationary. That he attributed mainly to two causes — neglect by mothers of their own health before the birth of their children, and neglect of the children's health immedi- ately after they were born. He did not suggest for a moment that the neglect was due to wickedness or even to carelessness exactly, but it was in most cases due to ignorance, which was a far more potent cause of infantile mortality than the more commonly assigned causes of parental poverty and intemperance. Something could be done to remedy this state of affairs by the provision of skilled assistance to mothers in the early days of motherhood, and many health societies throughout the country had charged themselves with this duty. Remarkable results had been achieved in Huddersfield from the creditable efforts of the ex-mayor. But under the existing registration law six weeks might elapse before registration, and one-third of the children dying in the first year of life died in the first six weeks ; so that these chil- dren were dead before the societies to which he referred could know that they had been born. It was solely with a view to rem- edy this defect that he had been asked to introduce this Bill. It 124 BRITISH SOCIAL POLITICS provided that within forty-eight hours- of the birth of every child a notification was to be made in the simplest way, it being specially provided that it might be made by post card, and the duty of noti- fying a birth was thrown, in the first place, on the father of the child and, failing him, on any one who had been in attendance on the mother. The Bill further required that notification of children stillborn should be made as well as of those born alive. He urged the House to consider the seriousness of the evil which the Bill was designed, he would not say to cure, but in some de- gree to mitigate. This was a non-Party question, and he ventured to hope that the Bill would be regarded as absolutely non-conten- tious. It was supported by hon. Members in all quarters of the House, and he hoped its promoters would have the sympathetic support of the Government and that the measure might be passed into law before the close of the present session. Extract 2j INTRODUCTION OF CHILDREN BILL, 1908 {Mr. Herbert Samuel, Under-Secretary of State for the Home Department, Commons, February lo, igoS) Mr. Samuel ^ in asking leave to bring in a BiU " to consolidate and amend the law relating to the protection of children and young persons, reformatory and industrial schools, and juvenile offenders, and otherwise to amend the law with respect to children and young persons," said : This is the first reading of a Bill to which we can give no narrower title than that of " Children Bill." The present law for the protection of children and the treatment of juvenile offenders is in some confusion. It is spread over a large number of statutes, and it urgently needs consolidation. Experience has shown the need of a considerable number of amendments and 1 Parliamentary Debates, Fourth Series, vol. 183, col. 1432 sqq. CHILD WELFARE 125 extensions of the law. The Government have decided not to intro- duce a series of small Bills in successive years, but to ask Parliament to enact, in one large and comprehensive measure, a thorough codi- fication and amendment of the law relating to children. A Bill of this scope could not, in a crowded session like this, expect to pass into law unless it commanded, more or less, the favour of all sec- tions in the House, and we have, therefore, excluded from it all the subjects which might properly be described as controversial. Even the question of children in public-houses, with regard to which there is a general measure of assent, we have thought it wiser to defer to be dealt with in the Licensing Bill. The question of the employment of children, whether in factories or elsewhere, raises important industrial questions on which, unhappily, there is not complete agreement. The question of education naturally be- longs to the Education Acts, and there are other subjects which we might have liked to include but which we have been obliged to omit. But, even with these omissions, the Bill is a somewhat vo- luminous one. It contains 119 clauses, covers seventy pages, and consolidates twenty-two statutes and parts of many others, together with a number of new provisions. . . . The Bill extends to the whole of the United Kingdom. Through all its parts uniform definitions run. A child is a person under the age of fourteen years ; a young person is a person above the age of fourteen and under the age of sixteen. The first part of the Bill embodies the Infant Life Protection Act, 1897, which was passed to stop the evils of baby farming, and for the protection of the lives of infants put out to nurse. That Act has been found in practice ineffective in many respects. There are many holes through which evil-disposed persons may escape its control, but, by a series of detailed amendments we stop these holes and strengthen the control of the Act. ... The second part of the Bill re-enacts the Prevention of Cruelty to Children Act, 1894, with a large number of amendments mainly designed to strengthen the law and to facilitate the action of those 126 BRITISH SOCIAL POLITICS societies which are doing such admirable work in the three king- doms for the prevention of cruelty to children. I will mention only two of the chief provisions proposed in this part of the Bill. Every year some 1600 infants meet their deaths from overlying, a waste of infant life which should easily be preventible and which ought not to be allowed to continue. We propose, in such cases, since the offence is not one of wilful cruelty, but of negligence, to make the penalty a light one, except where drunkenness can be proved. An equal number of children are killed year by year from bums and scalds, owing to their being left in rooms with unguarded fires. We impose in such cases also a similar penalty, except where it can be shown that reasonable precautions were taken. The proposals of the third part of the Bill deal with an evil, growing in extent, most deleterious to child life, and for which public opinion almost universally demands a remedy. I refer to the evil of juvenile smoking. The Committee on Physical Deterio- ration recommended a legislative remedy, and a Committee of the House of Lords, appointed in 1906 specially to examine this question, after hearing much medical and other evidence, made a unanimous and a very emphatic recommendation in the same sense. Many countries throughout the world have already legislated on this subject. We propose to prohibit the sale of cigarettes and cigarette paper to children under the age of sixteen, to prohibit persons under the age of sixteen from smoking in streets and public places, and to make them liable for the first offence to no more than a reprimand, but for subsequent offences to a light fine. We also allow, and this will probably prove a more effective provision, the police and other authorised persons to confiscate the tobacco which is being used by those little boys who are found smoking in streets and public places. We have a provision also for dealing with such automatic machines for the sale of cigarettes as are found to be extensively used by juveniles. The fourth part of the Bill consolidates the nineteen statutes which now contain the law relating to reformatory and industrial CHItD WELFARE 12/ schools. The changes we propose are too many and too minute to deal with now, but I would like to mention that it has been sug- gested that the age for committal to a reformatory should be raised above the present figure of sixteen, and to explain that we are adopting that suggestion only because we consider that it is inad- visable to mix older offenders with smaller boys and girls, and be- cause my right hon. Friend the Home Secretary hopes to introduce a Bill establishing a new class of reformatories for these older offenders. There are in the Bill a number of miscellaneous clauses, of which I will only mention two. From time to time cases of cruelty and neglect are discovered in so-called homes for children which are fraudulent institutions, conducted by persons who live on the char- itable contributions which are intended for the destitute children whom they have collected. There is no right of entry under the present law to such institutions, and the Bill provides that, where a home is kept for destitute children and is supported by charitable contributions, there shall be a right of entry for persons authorised by the Secretary of State. Regard will be had in the selection of such persons to the religious denomination by which such homes are being maintained. The other clause is one designed to solve the difficult and long-standing problem of the vagrant child. There are some hundreds of children who are now continually taken about the country, deprived of any opportunity of schooling, educated only in vagabondage, and denied many of the most elementary benefits of civilised life. We propose a clause which, we hope, will stop that once and for all. We adapt the machinery of the Com- pulsory Education Acts, which are at present found to be inap- plicable to these cases, to meet the requirements of the vagrant child. The last part of the Bill, which has to do with juvenile offenders, is based upon three main principles. The first is that the child offender ought to be kept separate from the adult criminal, and should receive at the hands of the law a treatment differentiated 128 BRITISH SOCIAL POLITICS to suit his special needs — that the courts should be agencies for the rescue as well as the punishment of children. We require the establishment throughout the country of juvenile courts — that is to say, children's cases shall be heard in a court held in a sepa- rate room or at a separate time from the courts which are held for adult cases, and that the public who are not concerned in the cases shall be excluded from admission. In London we propose to appoint by administrative action a special children's magistrate to visit in turn a circuit of courts. Further, we require police authori- ties throughout the whole of the country to establish places of detention to which children shall be committed on arrest, if they are not bailed, and on remand or commitment for trial, instead of being committed to prison. A great many towns have already pro- vided places of detention, and we require that this practice should be made universal. We anticipate that a Treasury grant will be made for the maintenance of children, in places of detention, on remand. The second principle on which this Bill is based is that the parent of the child offender must be made to feel more responsible for the wrong-doing of his child. He cannot be allowed to neglect the up-bringing of his children, and having committed the grave offence of throwing on society a child criminal, wash his hands of the consequences and escape scot free. We require the attendance in court of the parent in all cases where the child is charged, where there is no valid reason to the contrary, and we considerably en- large the powers, already conferred upon the magistrates by the Youthful Offenders Act of 1901, to require the parent, where it is just to do so, to pay the fines inflicted for the offence which his child has committed. The third principle which we had in view in framing this part of the Bill is that the commitment of children in the common gaols, no matter what the offence may be that is committed, is an unsuit- able penalty to impose. The child is made to feel for the rest of his life that he is regarded as a criminal and belongs to the criminal CHILD WELFARE 1 29 classes, and at the same time that vague dread of the unknown penalties of imprisonment, which is one of the most powerful de- terrents of crime, becomes useless and nugatory. After consulta- tion with .many of the chief judicial and legal authorities of the country, the Government have come to the conclusion that the time has now arrived when Parliament can be asked to abolish the im- prisonment of children altogether, and we extend this proposal to the age of sixteen, with a few carefully defined and necessary ex- ceptions. Many methods will still be left in the hands of the courts for dealing with delinquent children, but where none of the ordinary methods are suitable, our Bill will permit the committal of the child for a short period, under Home Office rules and a proper system of classification, to the places of detention which have to be pro- vided for remand cases. Such committals we anticipate will be exceedingly few, and a similar Treasury grant will be in respect of them. . . . CHAPTER IV OLD AGE PENSIONS [Together with the problem of child welfare, that of the aged and infirm pressed for solution. Since 1834 the Government had dealt with the problem along three different lines. Up to 187 1 there was an indiscriminate use of general workhouses for all classes of the indigent aged, modified to a slight extent by supply- ing doles as outdoor relief. An even harsher method of dealing with these people was instituted in 187 1 : namely, that of applying a workhouse test, the assumption being that the deserving could maintain themselves out of their own savings, or be maintained by their relatives, aided by charitable gifjts, and that only the unde- serving would apply for admission to the workhouses. As a result of the investigations and reports of the Royal Commissioners of 1893-1895, a new policy was adopted, at least in theory, — either outdoor relief fully adequate to all the deserving aged, or good comfortable quarters in some institution. The actual opera- tion of each of these policies had been far from satisfactory ; and the labour interests began to urge partial solutions along more radical lines. Mr. Joseph Chamberlain succeeded in pledging the Unionist party to support the principle of old age pensions, but failed to control a majority sufficient to pass such a measure through Par- liament ; and the only contribution to the subject by the Balfour Government was the constitution of a Poor Law Commission to study and report upon the whole problem of the aged and infirm. Very soon after the assembling of the Parliament in 1906, a resolution was introduced by Labour members asking for the 130 OLD AGE PENSIONS I3I provision of old age pensions from public funds. The Chancellor of the Exchequer expressed the complete sympathy of the Liberal Government with the proposed reform, but intimated that he could not then provide the necessary funds. In the course of the debate Mr. John Burns said that in his judgment perhaps the best, sim- plest, and fairest scheme would be one under which every person would receive 5 s. a week at sixty-five years of age ; the Poor Law Commission would report before long, and then the Government would be in possession of sufficient information to justify their making a beginning, and it was their intention to take the matter up as soon as that should be possible. The resolution was carried unanimously. Agitation in favour of old age pensions continued throughout 1907. On May 10 of that year a bill was introduced by Mr. W. H. Lever, providing for a pension of 5s. a week payable, upon personal application, to persons sixty-five years of age and upwards, from funds supplied nine-tenths by the Exchequer and one-tenth by local taxation. A graduated system of income tax, beginning with a charge of 2d. in the pound on every man earning 20s. weekly and not necessarily stopping at is. in the pound in the case of the rich man, would furnish sufficient funds. An amendment to reject Mr. Lever's Bill was negatived 232 to 19, but the proposal never got by second reading in the Commons. On April 18, 1907, Mr. Asquith, in making the customary Budget statement as Chancellor of the Exchequer, pledged the Ministry to deal with old age pensions during the next session of Parliament (Extract 24). A year later Mr. Asquith succeeded Sir Henry Campbell-Bannerman as Prime Minister and First Lord of the Treasury, and Mr. David Lloyd George was transferred from the Presidency of the Board of Trade to the office of Chancellor of the Exchequer. Mr. Asquith, however, made the Budget statement on May 7, 1908, in the course of which he took occasion to revert to the social problem, especially to old age pensions {Extract 25). 132 BRITISH SOCIAL POLITICS The Government measure was presented to the Commons on May 28, 1908. Its second reading was moved by Mr. Lloyd George on June 1 5 {Extract 26), and opposed by Mr. Harold Cox (Extract 2'f) and Lord Robert Cecil (Extract 28), who endeavoured unsuc- cessfully to pass an amendment condemning expenditure of " tax- payers' money in giving subsidies to persons selected by arbitrary standards of age, income, and character.'' When the Committee stage of the Bill was begun in the House of Commons on June 23, many of the Conservatives took up an attitude of grave suspicion if not downright hostility, and several of them proposed amendments, which, had they been adopted, would have defeated the objects of the measure. Amendments moved by Lord Robert Cecil and Mr. Bowles, altering the wording of the first clause so as to stamp the measure as experimental, were rejected respectively by 293 to 55 and 341 to 103, there being some cross-voting. Another amendment, moved by Mr. Bowles, suspend- ing the pension in the absence of the pensioner from the United Kingdom, was ultimately rejected by 376 to 10 1, it being explained by Mr. Lloyd George that short absences would not disqualify, though permanent removal would involve forfeiture. An amend- ment moved by Viscount Castlereagh, embodying the principle of a sliding scale according to means, was opposed by the Labour members as insufficient, though they would accept a scale ranging from IDS. to 15s. per week. Lord Robert Cecil proposed another amendment, providing that the scheme should be contributory under regulations to be made by the Treasury. This was rejected by 346 to 86 after a speech by Mr. Buxton, Postmaster-General, repeating the Ministerial objections to the contributory principle (Extract 26). Then the Unionists resorted to moving amendments to the Bill which would largely increase its cost. Thus, an amendment moved by Mr. Mildmay directed the pension authority to disregard sums under ;^4o annually, received in consideration of previous pay- ment, from a friendly society or trade union; and Mr. Chaplin OLD AGE PENSIONS 1 33 met an objection against distinguishing between various forms of thrift by moving to extend the amendment so as to cover all other approved provision against old age, sickness, or infirmity. This was supported by several Opposition and Labour members, whereupon the Chancellor of the Exchequer said that the Oppo- sition thought they were putting the Government into a hole. Their policy had been to move wild, illogical, irrational amend- ments, regardless of the cost, in order to say to every class in turn, " We voted for you and those wicked radicals voted against you." Later, he said that Mr. Mildmay's amendment would add 100,000 pensioners and ;^i ,300,000 annually to the cost; Mr. Chaplin's ;£'2, 600,000. The amendment, in the form given it by Mr. Chaplin, was rejected by 243 to 113. The thinly-veiled hostility of the Unionists to the Government Bill was displayed in the Commons on the occasion of the third reading on July 9 when Mr. Arthur J. Balfour offered his sceptical apology {Extract 2g), to which the Labourites replied eloquently through Mr. William Crooks {Extract jo). On the final division, only 12 Unionists voted for the Bill, 11 voted against it, and 140 abstained. What the Lords would do with the Old Age Pensions Bill was for some time problematical. Introduced in their House on July 10, it came up for second reading ten days later. The Earl of Wemyss in a remarkable speech {Extract ji) at once moved an amendment declaring such legislation unwise pending the issue of the Report of the Poor Law Commission. All manner of financial and moral reasons were assigned against the Government measure by various speakers, among whom were the Earl of Cromer, Viscount St. Aldwyn, Lord Avebury, and the Earl of Halsbury. Lord Rosebery, while profoundly disquieted as to the effect of the Bill, urged the Lords {Extract J2) not to incur the risk of a dis- pute with the House of Commons by rejecting a measure that was largely fiscal. Two prominent Churchmen, the archbishop of Can- terbury, and the bishop of Ripon, defended the Bill {Extract jj). 134 BRITISH SOCIAL POLITICS Lord Lansdowne, the Tory leader, expressed grave opposition to the measure, but counselled its adoption as good party tactics. It must be borne in mind that it was in 1908 that the Lords rejected the important Licensing Bill which had passed the lower House with large majorities. The Old Age Pensions Bill passed third reading in the House of Lords on July 30, and after the House of Commons had rejected various Lords' amendments, the measure received the royal assent on August 1, 1908. It is given below as Extract 34. An important amendment was enacted in 19 11, clarifying and extending several provisions of the major Act. It is inserted as Extract jj".] Extract 2<:f. PROMISE OF OLD AGE PENSIONS {Mr. H. H. Asguith, Chancellor of the Exchequer, Commons, April 18, igof) Mr. Asquith ^ : . . . It is, I think, a mistake to treat the annual Budget as if it were a thing by itself, and not, as it is, or as it cer- tainly ought to be, an integral part and a necessary link in a con- nected and coherent chain of policy. In my opinion, and I think it is an opinion that will be shared by a great number of hon. Gende- men opposite, the couptry has reached a stage in which, whether we look merely at its fiscal or at its social exigencies, we cannot afford to drift along the stream and treat each year's finance as if it were self-contained. The Chancellor of the Exchequer, in other words, ought to budget, not for one year, but for several years. It is in that spirit that the proposals which I am going presently to submit to the Committee have been conceived, and it is from that point of view that I ask they shall be judged. 1 Parliamentary Debates, Fourth Series, vol. 172, col. 1175 sqq. OLD AGE PENSIONS 1 35 What, then, are the lines for financial progress which this Gov- ernment, and a majority in this House, are bound by their pledges and by their convictions to pursue ? First and foremost, we are under an immediate obligation, often insisted upon when we sat upon the other side in the last Parliament, and reiterated certainly by me over and over again at the general election after which I had assumed the office of the Chancellor of the Exchequer — an immediate obligation of reinstating and improving the national credit. ... A substantial and exceptional effort to effect a further reduction in the Debt is, for the moment, one of the paramount duties of the Government. But behind and beyond this there lies the whole still unconquered territory of social reform. Social reform may be regarded, accord- ing to the point of view from which you look at it, as a luxury or as a necessity, but in any case it is expensive. It has to be paid for. Someone must be prepared to meet the bill. Well, now, this is a House of Commons which was elected more clearly and definitely than any other House in our history in the hope and belief on the part of the electors that it would find the road and provide the means for social reform. No doubt social reform is a phrase vague in itself, which carries different meanings to different minds. But there are some things which it certainly means to all of us who sit upon this side of the House, and I fancy to a good many who sit opposite. I myself, for instance — if I may refer to myself — am not what is called a Socialist. I believe in the right of every man face to face with the State to make the best of himself, and, sub- ject to the limitation that he does not become a nuisance or a dan- ger to the community, to make less than the best of himself. This world is much too full of wrong-doing, and of injustice, and of un- merited suffering ; but, in my judgment, the way of escape is not to be found in any solution, or so-called solution, which, by slowly but surely drying up the reservoir which gives vitality to human personality and human purpose, will in the long run leave the uni- verse a more sterile place. I say this in no polemical spirit, not at 136 BRITISH SOCIAL POLITICS all, but simply by way of emphasising the fact that to all of us — people like myself, who may be regarded by. some of my hon. friends below the gangway as a lukewarm Moderate — there is nothing that calls so loudly or so imperiously as the possibilities of social reform. Just let me, in order to make plain what I am going to say, invite the House to look at two sets of figures in our modem community, whose appeal is irresistible. First of all there is the child ^ for whom heredity and parental care have perhaps done nothing or worse than nothing. And yet it is the raw material, upon the fashioning of which depends whether it shall add to the common stock of wealth and intelligence and goodness, or whether it shall be cast aside as a waste product in the social rubbish heap. The State has long recognised that it can- not pass by that appeal with folded arms. It has put the child to school, it keeps the child at school, and (much as it shocks some excellent people) after the legislation of last year, if the poor body of the child is benumbed with cold or pinched with hunger so that it can get no benefit from its lessons, it will even go so far as to help to provide it with bread. Does the House realise what the recognition of that means on the part of the State, what every one of us now agrees is a duty, though it was neglected and passed by generation after generation by humane and far-sighted statesmen ? Does anyone realise what the performance of that duty has cost this community ? Let me give two or three figures which I think very striking. In the year 1869-70, the last year of what I may call the old system, the total cost of education to the public in the form of Parliamentary grants — for of course there was no rate-aid at that time — was ;£'72i,ooo. What was it in the year 1906-7 ? Your Parliamentary grants, if you add the Exchequer contributions, as you ought to, were ;^i3,3S9,ooo ; sums raised by local rates were ;^ii,785,ooo ; a total of ;^2S, 144,000. That is what it has cost the State to recognise its duty to the children of the commu- nity. I do not say that every penny or every pound of that money 1 Cf. supra, p. 107, OLD AGE PENSIONS 1 37 is well or wisely spent. I rejoice to think that we have at the head of the Board of Education my right hon. Friend the President, a severe economist, who subjects the whole of this expenditure to a most searching review. But this I do say, that there is not a man who sits on either side of the House who is prepared substantially to recede from the performance of this enormous duty. Well, that is one thing. There is another thing, nearer the other end of the journey of life, which makes an equally strong, though hitherto an unavailing, appeal both to the interest and to the conscience of society — I mean the figure of the man or woman who, perhaps, spent out with a life of unrequited labour, finds himself confronted in old age, withoiit fault or demerit of his own, with the prospect of physical want and the sacrifice of self-respect. Sir, I never gave, nor, so far as I know, did any of my colleagues on this Bench give, any pledge at the elections on the subject of what is called old age pensions. We knew something of the magnitude of the problem, and we thought it wrong to raise expectations without the knowl- edge that they could be met. Nor do I now commit myself or any of my colleagues to any specific scheme, although both my right hon. Friend the Prime Minister and myself have laid down certain con- ditions to which, in our judgment, any practical proposal must conform. Whatever is done in this matter, as I have said before in this House, must be done by steps and stages, and cannot be achieved at a single blow. But this I do say, and I wish to say it with all the emphasis of which I am capable, speaking for the whole of my colleagues who sit upon this Bench, that in the sphere of finance we regard this as the most serious and the most urgent of all the demands for social reform ; and that it is our hope — I will go further and say it is our intention, before the close of this Par- liament, yes, before the close of the next session of this Parlia- ment, if we are allowed to have our way (it is a large " if ") — to lay the firm foundations of this reform. . . . 138 BRITISH SOCIAL POLITICS Extract 25 RENEWED PROMISE OF OLD AGE PENSIONS (Mr. H. H. Asguith, Prime Minister and First Lord of the Treasury, Commons, May 7, igoS) Mr. Asquith '■:... Last year, in introducing the Budget, I said that this Parliament and this Government had come here pledged to social reform, and I pointed to two figures in our mod- ern society that make an especially strong and, indeed, an irre- sistible appeal, not only to our sympathy, but to something more practical, a S3niipathy translated into a concrete and constructive policy of social and financial effort. One is the figure of a child. I reminded the House that in less than forty years — -since 1870 — you have added to your annual provision for the education of the children of this country out of taxes and rates an annual sum of over ;^2 4,000,000 sterling. There is not one of us who would go back upon that. The other figure is the figure of old age, still unprovided for except for casual and unorganised effort, or, by what is worse, invidious dependence upon Poor Law relief. I said then that we hoped and intended this year to lay firm the foundations of a wiser and a humaner policy. With that view, as the Committee may re- member, I set aside ;£'i, 500, 000, which was temporarily applied to the reduction of debt, and I anticipated that that other ^750,000 which, through the activity of the Inland Revenue, has been swept into the old Sinking Fund of last year, would also be available. I propose now to show how we intend to redeem the promises which I then made. I need not remind the Committee that this question in one shape or another has been before the country now for the best part of thirty years. The first schemes that were put forward proceeded 1 Parliamentary Debates, Fourth Series, vol, 1S8, col. 445 sqq. OLD AGE PENSIONS 1 39 on the footing either of compulsory or voluntary insurance, accom- panied and fortified by State aid. The Royal Commission on the Aged Poor in 1895 reported adversely to all the proposals which had up to that time been made. There followed a series of in- quiries into schemes for granting immediate pensions to the aged and deserving poor. There was Lord Rothschild's Committee, there was a Select Committee of this House presided over by the right hon. Gentleman the Member for Wimbledon in 1899, and there was Sir Edward Hamilton's Departmental Committee of 1900, and again a Select Committee of this House in 1903. Much valuable information was accumulated and classified in the course of these inquiries, with the result, I think, that all the material facts may now be said to have been ascertained. But up to this moment nothing has been done, nothing at all. In the meantime other countries have been making experiments. The German system, which is one of compulsory State-aided assur- ance, has been in existence since 1889. Under it pensions averag- ing a little over ;£"i6 13s. a year are paid to insured persons of the age of seventy and upwards. The State contribution amounts to less than 40 per cent of the whole, and it would seem that in 1907 not more than 126,000 persons out of a population of over 52 millions were in receipt of old age pensions. More instruction, I think; for our purposes is to be derived from the legislation initiated in Denmark in 1 891, in New Zealand in 1898, and subsequently in New South Wales and Victoria. These systems, though differing widely in their details, have several im- portant features in common. In the first place, they do not depend for their application upon either voluntary or compulsoiy contribu- tion on the part of the pensioner. In the next place, they are limited in all cases to persons whose income or property is below a prescribed figure ; and, thirdly, in all cases they impose some test or other, varying in stringency and in complexity, of character and desert in regard to such matters, for instance, as past criminality or pauperism. Although both in Denmark and in New Zealand I40. BRITISH SOCIAL POLITICS the expenditure upon the pensions has, in the course of time, exhibited a tendency to increase beyond the original estimate, yet the cost of administration has turned out to be relatively small, amounting in New Zealand in 1907 to not more than 1.67 per cent; and I think I may say that in none of these communities is there any dissatisfaction either with the principles or with the working of the law, and certainly no disposition to go back to the state of things which prevailed before old age pensions were set up. His Majesty's present Government came into power and went through the last general election entirely unpledged in regard to this matter, not that they were insensible to its importance or to its urgency, but they felt it right to enter into no binding engage- ment until they had had full time to survey the problem in all its aspects, and — what is still more important — to lay a solid finan- cial foundation for any future structure it might be possible to raise. It was accordingly not until we had seen our way to make some substantial provision for the reduction of the national liabili- ties that I found myself able to announce in the Budget of last year that this year it was our intention to make a beginning — and more than a beginning I never promised — in the creation of a sound and workable scheme. . . . Extract 26 SECOND READING OF OLD AGE PENSIONS BILL {Mr. David Lloyd George^ Chancellor of the Exchequer, Commons, June ij, igoS) Mr. Lloyd George ' : . . . The scheme is necessarily an in- complete one. We have never professed that it was complete and dealt with the whole problem ; we wished it to be treated as an in- complete one, and to be considered as such. It is purely the first step, and I may even say that it is necessarily an experiment. 1 Parliamentary Debates, Fourth Series, vol. 190, col. 564 sqq. OLD AGE PENSIONS 14I The second observation I should like to make is this, that those who have criticised most severely the disqualifications which we have introduced into the Bill are those who are opposed to the principle of the payment of old age pensions at the expense of the State at all. Therefore I should invite hon. Members to con- sider very cautiously those criticisms when they recollect the quarter from which in the main they have come. The first general criticism is that this is a non-contributory scheme. I am not sure that that is not the effect of the Amend- ments of the noble Lord the Member for Marylebone [Lord Robert Cecil] and my hon. Friend the Member for Preston [Mr. Harold Cox] — these two anarchist leaders.^ I demur altogether to the division of the schemes into contributory and non-contribu- tory. So long as you have taxes imposed upon commodities which are consumed practically by every family in the country there is no such thing as a non-contributory scheme. You tax t?a and coffee, sugar, beer, and tobacco, and you get a contribution from practically every family in the land one way or another. So, therefore, when a scheme is financed out of public funds it is as much a contribu- tory scheme as a scheme which is financed directly by means of contributions arranged on the German or any other basis. A work- man who has contributed health and strength, vigour and skill, to the creation of the wealth by which taxation is borne has made his contribution already to the fund which is to give him a pension when he is no longer fit to create that wealth. Therefore I object altogether to the general division of these schemes into contributory and non-contributory schemes. There is, however, a class of scheme which is known as a con- tributory one. There is the German scheme, in which the workmen pay into a fund. It is rather a remarkable fact that most social reformers who have taken up this question have at first favoured contributory schemes, but a closer examination has almost invaria- bly led them to abandon them on the ground that they are unequal 1 Cf. infra. Extracts ^^ and zS. 142 BRITISH SOCIAL POLITICS in their treatment of the working class, cumbersome, and very ex- pensive, and in a country liice ours hopelessly impracticable. . . , Let me give you now two or three considerations why, in my judg- ment, a contributory scheme is impossible in this country. In the first place, it would practically exclude women from its benefits. Out of the millions of members of friendly societies there is but a small proportion, comparatively, of women. Another considera- tion is that the vast majority are not earning anything and cannot pay their contributions. The second reason is that the majority of the workingmen are unable to deflect from their weekly earnings a sufficient sum of money to make adequate provision for old age in addition to that which they are now making for sickness, in- firmity, and unemployment. I do not know what the average weekly wage in this country is ; we have not had a wage census since 1886. I hope the Board of Trade will soon be able to pub- lish the result of the wages census initiated some months ago, but I do not suppose we shall have the Returns in tim6 for our debates on this Bill. The average weekly wage in 1886 was 24s. gd., and 57 per cent of the working classes in this country were earning 25 s. or less. It is quite clear, therefore, that out of such wages they cannot make provision for sickness, for all the accidents and expenses of life, and also set aside a sufficient sum to provide a competence for old age as well. Take the agricultural labourer with his 15s. or i6s. a week. How can he set aside 4d. a week for a period of forty years, in addition to what he has to set aside already for the purpose of sickness or infirmity ? . . . The provision which is made for the sick and unemployed is grossly inadequate in this country, and yet the working classes have done their best during fifty years to make provision without the aid of the State. But it is insufficient. The old man has to bear his own burden, while in the case of a young man who is broken down and who has a wife and family to maintain, the suf- fering is increased and multiplied to that extent. These problems of the sick, of the infirm, of the men who cannot find means of OLD AGE PENSIONS I43 earning a livelihood, though they seek it as if they were seeking for alms, who are out of work through no fault of their own, and who cannot even guess the reason why, are problems with which it is the business of the State to deal ; they are problems which the State has neglected too long. In asking the House to give a second reading to this Bill, we ask them to sanction not merely its principle, but also its finance, having regard to the fact that we are anxious to utilise the resources of the State to make provision for undeserved poverty and destitution in all its branches. Extract .?/ OPPOSITION TO OLD AGE PENSIONS BILL {Mr. Harold Cox, Commons, June ij, igo8) Mr. Cox ^ moved an Amendment declaring : While it is desirable that the State should organise aid for the unfor- tunate by establishing and assisting a general system of insurance against the principal risks of life, it is unjust to spend the taxpayers' money in giving subsidies to persons selected by arbitrary standards of age, income, and character. He said he was not opposed on general grounds to the organisa- tion of a system of old age pensions, but he was strongly opposed to the particular scheme which the Government had put forward, because he held that the scheme was unjust in principle, and as a consequence was necessarily unjust in almost every one of its details. That arose from the fact that if they started with a false principle, they were bound to set up arbitrary distinctions which must act harshly upon particular individuals and give a favour to one man while they refused the same favour to another man who had an equal title to it. Why should they start by saying that people over the age of seventy were entitled to a pension any 1 Parliamentary Debates, Fourth Series, vol. 190, col. 596 sqq. 144 BRITISH SOCIAL POLITICS more than by saying, for instance, that all people afflicted with blindness should receive a pension? He would take a more striking case -^ that of a woman who was left a widow with a young family. What did the Government do for her? All the Government did for her was to tax the food of her. children in order that they might have money to give pensions to old people who were possibly much better off than she was. That was the essence of the scheme. Taxes would be kept on the necessaries of life in order to provide pensions for old people. The whole idea of giving pensions instead of leaving people to draw relief from the Poor Law was that the Poor Law was humiliating. They had heard that stated in all the speeches in favour of the Bill. What were they going to do for the man over sixty and under seventy ? Was he to go on suffering humiliation, or was he to starve ? There was as much humiliation in receiving Poor Law relief at sixty as at seventy years of age. The Chan- cellor of the Exchequer in the somewhat extraordinary speech which he had delivered that afternoon seemed to be apologising in almost every sentence for his scheme. In fixing the age limit at seventy, the Government were flying in the face of experience. What had the trade unions done ? The Amalgamated Society of Engineers provided pensions which were drawable at the age of fifty-five in cases where on account of infirmity or old age a mem- ber was unable to obtain the ordinary wages of his trade. . . . The Prime Minister, speaking a night or two ago at the National Liberal Club in regard to the payment of 5 s. to people over seventy, said, " It will, without any offence to their self-respect or to their proper pride, without any feeling of humiliation, put at least half a million of old folk, the veterans of our industrial army, entirely beyond the reach of pecuniary anxiety and care." What kind of a world did the Prime Minister live in ? He won- dered whether his right hon. Friend had ever tried to live in London on 5 s. a week, and if he had found himself entirely beyond the reach of pecuniary anxiety and care. Why I he would OLD AGE PENSIONS 145 not get a single room for less than 3s., and then he would have 2S. left for food or clothing. There were a great many people who, even if they had the money, could not take care of them- selves. ... In particular there was evidence of the effect of drink on the old age pension question. So serious was that evil in Australia that it was recommended by the Royal Commission that it should be made a penal offence to give or serve drink to old age pensioners. An Hon. Member : For giving one glass of beer to an old man ? Mr. Cox said there was exactly the same difficulty in our own country. He had a letter from the master of a workhouse near London, where they had a good many Army pensioners. . . . He might mention that he had frequently called the attention of the Secretary for War to this scandal, but as yet nothing had been done. If old age pensions were paid as a right, the man might claim to be treated as other individuals in regard to the right to buy a glass of beer. . . . The question he asked hon. Members opposite was, " Do you propose to give honourable pensions to men who dishonour our common humanity, and provide these pensions by taxing men who honestly earn their living ? " He challenged them to go on a platform and say that that was what they meant. That was a dilemma from which there was no possibility of escape as long as they had a non-contributory system. They must either give honourable pensions to any number of blackguards, or have' an investigation of character which would be painful to all the honest people. The only escape from that dilemma was by contributory pensions. The money then belonged of right to the pensioner, and there was no need for an inquiry into character. . . . A phrase constantly used in this matter was that old age pen- sions were to be given as a right, and not as a charity, as a recompense for previous services to the State. Did hon. Members below the gangway agree with that ? [" Hear, hear."] They did ; then they would be willing to accept some test to prove that there 146 BRITISH SOCIAL POLITICS had been previous service to the State. Otherwise they v*rould be throwing dust in the eyes of the public. He hoped he might say without offence that they had already been misleading the public by confusing the difference between the pension given to Lord Cromer and old age pensions which they demanded for everybody. An Hon. Member : Why ? Mr. Cox said he was sorry his hon. Friend could not see the difference between giving a pension to a man like Lord Cromer, who had done great service to the State, and to a man with regard to whom they would not take the trouble to ascertain whether he had done anything at all. An Hon. Member : Lord Cromer had a big salary. Mr. Cox said that as regarded that it sometimes happened that when a trade union secretary, who had drawn what was for him a substantial salary and had served his society well, at the end of his time retired, he received a handsome present from his society. That was exactiy what the State had done to Lord Cromer. . . . [Mr. Cox then sketched the German contributory scheme and queried as to whence money was coming for a non-contributory scheme.] Personally he lived by what he earned, and he would be ashamed if he did not make a fair contribution to the cost of the govern- ment of the country. He was quite sure that was the opinion of most Englishmen. He observed with great pleasure that hon. Members below the gangway had consistently supported the pro- posal that the income tax should be extended downwards so that every man, however poor, might make some contribution in pro- portion to his means. But while they held that sound view they unfortunately also held a view that was very alluring, but which he thought was ultimately deceptive — the view that they could through the Budget redress the inequalities of fortune. It was very alluring. When one saw the hideous inequalities which existed at present, the horrible contrast between great riches and abject poverty, one was greatly tempted to say, " We will redress this OLD AGE PENSIONS I47 injustice by means of taxation." If they could do it he would be in favour of doing it, but he did not think it could be done, for the proposal involved subsidising the industries of the country which were not paying a sufficient wage at present, and giving money to people not in return for the work they did but because they were poor. That meant that they were going to treat poverty as a permanent institution, and the necessary consequence was that they would create a vast number of dependants. The man who earned his living was independent. He could face his master as a man because he gave his work in return for his wages. But if they were going to give a man something in return for nothing, they made him a dependant. He ceased to be an independent citizen and became a dependant on the will of some official or of some committee of elected persons consisting either of superior persons with charitable inclinations or of inferior persons with axes to grind. But whichever it was, he was a dependant, and no longer a free man as he was before. Therefore he held that the true ideal to set before them was- to raise wages. That was the problem of all problems, because on that depended everything. On that depended housing, the feeding of children, and old age. What he objected to in all these schemes of State charity was that instead of aiming at the abolition of poverty they tended to perpetuate poverty by treating it as a permanent institution. In the same way jf they were going to argue that because wages were low in certain industries, those wages must be supplemented at the expense of the taxpayer, it meant they were going to say certain industries were parasitic and must be subsidised by the taxpayer. What would be the result ? People would begin to say, " If you are going to have parasitic industries paid for by the taxpayer, why should we not pay for them in the simplest way, by putting a duty on foreign goods ? " The free-trade objection to a protectionist tariff was that it created parasitic industries, and the good industries of the country were taxed for the benefit of the bad industries. Thus by admitting the principle of a subsidy to 148 BRITISH SOCIAL POLITICS badly-paid industries they were giving away the free-trade case. That was a danger which he thought had not been sufficiently faced. Some weeks ago the Chancellor of the Exchequer, apropos of nothing in particular, had described him as a champion of lost causes. He was not quite sure that he knew what that meant. For the past eight or nine years he had devoted the greater part of his life to fighting for free trade. Was that a lost cause ? When he listened to the speeches of his right hon. Friend he was some- times tempted to fear that he thought so. Personally he did not share that opinion. He had too much confidence in the ultimate common-sense of his countrymen to believe that there could be anything more than an ephemeral success for the strange move- ment which had captured the imagination and temporarily im- prisoned the intelligence of hon. Gentlemen opposite. Even were it otherwise, even if he thought free trade were indeed a lost cause, he for one would not cease fighting for it. For he was not ashamed to confess that the principles of free trade were to him a living faith. In saying that he was not referring only to the application of those principles to the business of international buy- ing and selling, though that alone was no little matter. It was no little matter that the teeming population of these islands was free to draw its sustenance from every quarter of the globe. It was no little matter that our manufacturers and captains of industry were free to assemble here every type of raw material that the world produced and every kind of machine and mechanical device that other brains had invented or other hands had fashioned, and thus aided were to build up, here in these little islands, vast and flourishing industries. That alone was no little matter. But there was something even more than that. So far as the relations of -the citizens of a country to one another and to their Government were concerned, the essential principle of free trade, stated in its simplest terms, was fair play all around — the principle which required the State to give equal consideration to all its subjects and which forbade the State to give gratuitous favours either to . OLD AGE PENSIONS 149 particular industries or to particular individuals. That principle he held to be of priceless value. In all the complexities, in all the temptations, of political life, it would enable them to steer a straight course and maintain unblurred upon their banner the device " Equal justice between man and man." He begged to move. Extract 28 A CONSERVATIVE OPPONENT TO THE GOVERNMENT BILL [Lord Robert Cecil, Commons, June /j, igoS) Lord Robert Cecil,^ in seconding the amendment, said the Chancellor of the Exchequer had referred to him as an anarch- ist. He preferred to describe his form of political belief as a reasonable trust in personal freedom and personal liberty. But he imagined that it was not only in this country that the bureau- crat had always thought that he who differed from him was an anarchist. He presumed the Chancellor of the Exchequer was really, if one might attribute such a defect to so eminent a person, making a confusion between anarchism and individualism. They did not appear to be in every respect identical. In the main ques- tion of principle that they had to discuss, it was fair to say that those who differed from the Government differed because they were of a more individualistic tendency than was shown in the immediate proposals of the Government. He did not wish to at- tempt to define socialism and individualism, but there were two very distinct principles on which they might proceed in approaching this question of old age pensions. There was the principle that it was primarily the duty of everybody to provide for his own old age, and provide for himself generally. That was the principle that he himself held, and he quite admitted that they were entitled to add to that, that where for some reason or another the individual was unable to provide for himself, it was reasonable for the State 1 Parliamentary Debates, Fourth Series, vol. 190,00!. 613 sqq. 150 BRITISH SOCIAL POLITICS to come in and give assistance to that individual. That was the principle on which the contributory system rested. . . . They were now in a position to state shortly what the real pro- posal of the Government was. It was to make an enormous gift of money, originally stated to be between ;^6,ooo,ooo and ;£'7, 000,000, to a very large section of the working classes who were possessed of very large electoral power. In the last Parliament they constantly heard it said, he thought very unwisely, by hon. Members opposite that the Party to which he had the honour to belong was in the habit of giving doles to various classes. Why was not that said of this Bill ? Mr. John Ward : It is following your precedent. Lord R. Cecil said that the hon. Member would not find any precedent for a gift of ;£'6,ooo,ooo or ;^7,ooo,ooo to any particular class of the community. He did not say that it was necessarily wrong ; all he wished to do was to call the attention of the House to the fact that this was a definite gift of 6,000,000 or 7,000,000 golden sovereigns out of the money of the general taxpayers to a particular class who possessed very large electoral power. The only reason why this was not described as a dole by hon. Members oppo- site was that this particular class happened to have a very large voting power in the country. Let the House remember that this was only the beginning. He was using the ordinary thin end of the wedge argument, but he would remind hon. Members what had been said by Ministers in recommending this scheme. The Prime Minister had stated that it was avowedly and professedly a tem- porary measure and that there was no finality about it. The scheme began at ;^6,ooo,ooo and it had now risen to ;^7,5oo,ooo, and the Chancellor of the Exchequer had shown that it might automatically rise, unless something further was done, to ;^i 1,000,000. The Chancellor of the Exchequer had pledged himself to the proposition that it was not right for the State to require any con- tribution from those whom it was intended to assist. It did not need any violent stretch of the imagination to guess what would happen the next time the Government got in some little difficulty OLD AGE PENSIONS 151 in regard to one of its measures — it might be the Licensing Bill or the Education Bill. They knew what had happened at recent bye-elections and they could easily imagine what would happen in the future. The Government would be able to say that 5 s. a week for people over seventy was ridiculous and it ought to be extended to people over sixty-five years of age, and the pensions ought to be I OS. a week. Having stated that, perhaps the bye-elections would go a little bit better for the Government. He thought the right hon. Gentlemen might be trusted in this matter, but any ordinary Government which had this great opportunity for wholesale per- suasion of the electors at the expense of the taxpayer must go on extending gifts as long as the finances of the country permitted it. . . . He did not wish to be an alarmist, but he felt that with the vast responsibilities of this country they had in the last resort only the national character to depend on. They had no right to assume that during the next twenty-five years they would have so peaceful a course to steer. No one who looked even from outside at the present international situation could fail to see certain elements of difficulty and danger in the future. And if they had to enter upon a great life and death struggle, as might well happen, and they had weakened the fibre of their people by a system and by a policy of which this was only the beginning, then the statesmen in the House of Commons who had sanctioned that miserable backsliding from the true statesmanship of Empire would have much to answer for. He begged to second. Extract 2g SCEPTICISM ON OLD AGE PENSIONS (Mr. Arthur J. Balfour, Commons, July g, IQ08) Mr. Balfour -^ : . . . I think that neither the actual provisions of this Bill nor the mode in which the Government have allowed it to be discussed gives us the smallest security that one of the greatest ,1 Parliamentary Debates, Fourth Series, vol. 192, col. 175 sqq. 1 52 BRITISH SOCIAL POLITICS and most costly experiments in social legislation is going to be tried under circumstances that will give any hope of permanent success. There are three main questions raised by the scheme. The first is, Will this Bill work according to its avowed objects ? Is the machinery of the Bill, in other words, going to give pensions on the plan that the Government say is desirable ? The second is, How is it going to affect the broader and wider problems of social reform ? And the third is, How is it going to affect the national finances ? These are the three problems that every man in this House, no matter in which quarter he may sit, should really consider if he wants to estimate the value of the legislative experiment the Government are now trying. The first point is whether the Bill is really going to work out according to the theory of its framers ; and, if it does, what will be its results ? The theory of its framers is a very simple one. They say that, pending the acquisition of further national resources, they must limit their Bill to pensions for persons seventy years of age, and, to put it broadly, of good cljiaracter. How is this Bill going to attain these two objects ? How is the machinery going to limit the Bill to persons of seventy and to persons of good character ? And will the machinery work smoothly, justly, and to public advan- tage ? I cannot really believe that the Government have, thoroughly thought out the method in which their own machinery is going to work. Take the first of the two conditions, that of age. That is one of the subjects we have discussed. We have not had an oppor- tunity of discussing the age as between seventy and sixty-five, be- cause that was shut out by the closure, but we have discussed on more than one occasion the machinery by which the age of seventy is to be arrived at. I do not think that by any statement the Gov- ernment have shown a clear idea of the difficulties by which that investigation is surrounded or the means by which those difficulties are to be surmounted. In the first place, who are the investigators ? They are officers of the Inland Revenue, a single committee for each county and large borough, and ultimately the President of the OLD AGE PENSIONS 1 53 Local Government Board. For the life of me I cannot see that an investigation can be carried out by any of these three bodies. I made some remarks in Committee with regard to the Inland Rev- enue officers which I believe have given pain to those most esti- mable public officers. If I have said anything that gave them pain I most heartily withdraw it. They are a most valuable body of men and carry out duties of great responsibility with perfect uprightness and great efficiency. But I ask whether the most admirable per- formance of the duties of the Inland Revenue either gives a man the training or provides him with the machinery by which this kind of investigation is to be carried out. Take the case of an unskilled labourer in London. He reaches an age that he himself thinks is either seventy or very nearly so. He bplieves that he has worked hard all his life, and that if anybody deserves a pension he does. He applies to the Inland Revenue officer and says, " My name is O'Grady." Mr. John Wilson : Make it Smith, and then you are safe. Mr. Balfour. I chose an Irish name for a particular reason which will appear directly. He says, " My age is seventy, and I desire to be supplied with a pension. I come from Cork." The Inland Revenue officer says, " What proof have you that you are seventy ? " He has no proof. Why should he have a proof ? I do not believe I should know my own age if it were not that tactless friends are constantly reminding me of it. Most assuredly a dock labourer who left Cork thirty years ago may very well be excused if he has not proof of his age, since he was born in a country where there was no registration of births at the time when he was pre- sumably born. How is this unfortunate official going to investigate in the City of Cork whether Mr. O'Grady working at the docks is or is not seventy years of age .' The thing appears to be wholly im- possible, and there is no machinery for doing it. The county com- mittee to which he refers are no better off than himself, and if they refer to the head of the Local Government Board he is no better off. The machinery cannot be found and will not be supplied. . . . 154 BRITISH SOCIAL POLITICS If the difficulties with regard to age are overwhelming, what are we to say with regard to the investigation as to character ? None of us are without some misgivings as to the enormous power given to an Imperial officer and to a local committee to form a judgment on the way in which the poorer classes of the community have carried out their life's duty. It is not a pleasant thing to have to do, and if it is done honestly and conscientiously it will be a very painful duty thrown on those who may have to do it. Here, again, we really have very little means of obtaining assistance. Do not let us consider the country village where everyone's character is known. There may be an opportunity for favouritism or vindictive attacks on unpopular persons, but the facts will be known and may be fairly and properly judged upon. But how can the facts be known with regard to the great floating population of the huge industrial centres ? . . . Will its operation be confined to persons over seventy, and of virtuous character ? I do not believe for one moment that it will. We are very good-natured people, particularly so when we are dealing with other people's money ; and the duty of excluding anybody from the benefits of the Act will be a painful and also an expensive one. Every committee which declares a person in its district or county or borough to be ineligible for a pension has to do that which is very painful from the point of view of humanity, and very disagreeable from the point of view of the local purse. When humanity and economy are on one side, I think they are too strong for any legislative dykes which the Government may raise against them, and I do not believe that the dykes that the Government have raised will keep out the waters of expenditure for one moment. Hon. Gentlemen below the gangway greatly re- gretted that they could not discuss their Amendment for reducing the age from seventy to sixty-five. I do not think it will make very much difference. I believe that under this Bill everybody who desires a pension and can show a decent appearance of being seventy will probably be found eligible by a kindly Imperial officer and a charitable county committee, OLD AGE PENSIONS 155 That raises one or two points of very great importance. The first point touches on what I have described as the second great question raised by this Bill — namely, its future effect on social reform. If you are going to use, as I am sure you are going to use, this Bill as a mere method of giving pensions at the taxpayers' expense to persons in declining years, and who have not got a very black mark against their character, how will you prevent its becoming a mere part of the outdoor relief system of the country ? You can- not do it. It is quite true that you have got a different machinery for allocating the money, but to suppose that the ordinary citizen is going nicely to distinguish between what he gets through the Imperial officer and the committee and what he gets through the relieving officer and the board of guardians, and to regard one as discreditable and the other as creditable, is really trespassing upon our credulity. . . . The truth is, the Government must be perfectly well aware that they ought to have taken this question of old age pensions as part of the general problem of poverty. You cannot divorce the two. If only for the purpose of distinguishing pension from Poor Law relief you must consider the two together. . . . This really brings me to the last of the three points I wished to touch upon — namely, the relation of this measure to our national finances. I confess that I look on this whole question with con- siderable alarm. The hon. Member for Newcastle-under-L3rme • [Mr. Wedgwood] explained that after all no great burden would be cast on our national finances, because the money was now paid by the charitable and through the Poor Law, and there was not much difference whether the burden was thrown on the Exchequer by this Bill or whether it was left to be paid sporadically and uncer- tainly, partly by Poor Law machinery and partly by the private machinery of charity. I think that the hon. Member is profoundly mistaken. It makes the whole difference where the money comes from. The mere fact that there is money to be got somewhere does not make it easy for the Chancellor of the Exchequer to get it. , , , The Government here shows what the public are to get, IS6 BRITISH SOCIAL POLITICS but they have not yet been shown how they are to pay for it. But there is a divergence of opinion even among the members of the Government. The Prime Minister assured us more than once that the Government had considered the point, and that they clearly saw their way to provide the necessary funds by means of free- trade finance. This method of carrying it out is a secret which the Prime Minister has kept not only from the Opposition, but from his colleague the Chancellor of the Exchequer. I think that is carrying secrecy too far. I think that in the comity of the Cabinet the late Chancellor of the Exchequer should have told the present Chancellor of the Exchequer how, within the limits of free-trade finance, ;^6,5oo,ooo are to be found next year and ;£'7, 500,000 the year after. It is not going to be ;£'7, 500,000 either. If my in- terpretation of the situation is correct, you will get to ;^i 1,500,000 almost immediately, and how within the limits of free-trade finance are you to get ;^i 1,500,000 ? There is no great information either to be got from the present Chancellor of the Exchequer, ac- cording to what he has already told the City, and if he has kept the secret from the high financial authorities of the City, it is not likely that he will tell his critics in the House. I do not ask him, therefore, to tell us, if he does not know. But again I ask, Where, within the limits of free-trade finance, are ;^6,5oo,ooo, ;£'7, 500,000, or ;^i 1,500,000 to be obtained? . . . I regret the hasty course which the Government haye taken, but the responsibility must lie with them. The Government alone have the opportunity of estimating the resources at their disposal for Carrying it out. They, and they alone, have the machinery for making some comparative survey of all the needs of the State. On them lies the responsibility. The Bill does not satisfy the demands of those who claim the right to old age pensions, and on the other hand it so burdens and cripples the national resources that we may find it impossible to meet other obligations not less pressing, not less connected with the safety of the State and the well-being of the poorer members of the State. OLD AGE PENSIONS 157 Extract jo LABOUR DEFENCE OF OLD AGE PENSIONS {Mr. William Crooks, Commons, July g, igoS) Mr. Crooks ' ■ I apologise to the House for intervening in the debate at this late hour. What astonished me in the course of the discussion is the different grounds hon. Gentlemen above the gangway have taken. First they wanted a proper universal scheme ; then they wanted certain qualifications put in ; then the mover of the Amendment to-day deplored that there were so many quali- fications in order that a poor man might get a certificate of char- acter before he could secure a pension. Now they regret the failure of their efforts to put in still more qualifications. I have read somewhere that life is a comedy to a thinking man and a tragedy to a feeling man. That is all the difference in the world. We have had an exhibition of thinking without feeling. I have felt pretty keenly about the whole business — listening to the flippancy which one expects at some kind of Tory meeting. In a pamphlet which I wrote ten years ago I anticipated that whenever a scheme of old age pensions was considered in the House of Commons it would be called " a glorified outdoor relief." So is every kind of pension that is paid out of the taxpayers' pockets. We have been told by opponents of the Bill about inquisi- torial examinations of claimants for a pension. It is very good of these hon. Gentlemen, I admit it. Is it not the case that hon. and right hon. Gentlemen who receive pensions from His Majesty's Government are obliged to declare in writing their impecuniosity ? How dreadfully lowering and degrading it must be to a man whose private income would be wealth beyond the dreams of avarice to an ordinary poor man in this country! Yet, he has the nerve to write to somebody and to declare his impecuniosity before he gets 1 Parliamentary Debates, Fourth Series, vol. 192, col. 193 sqq. 158 BRITISH SOCIAL POLITICS his ;^i2oo a year! No man reads him a little homily on thrift. No man says a word about it. There is nothing degrading about pensions at all, except when they get down to 5s. a week; they are not awfully degrading, but the reward for services to the State — that is, if they are anything between ;^i2oo and ^4000 a year. They then add to the dignity and importance of His Majesty's subjects. . . . There is a Poor Law Commission sitting now, and that would be a reason for doing nothing, because when the late Govern- ment wished to do nothing, they appointed a Royal Commission. I have illustrated the fact, I think, before. It is the case of the man who once saw a lot of coloured cooked eggs on a barrow, and he said, " What are those eggs, guv'nor ? " " Oh, they are partridge eggs." "Do you think a hen would bring them off?" " Yes, I should think so." " Then how much for a sitting ? " "" is. 6d. and a share of your luck." About four weeks after he turned up again and gazed wistfully at the stall, and the man recognised him and said : " Well, what luck ? " " Oh, you never saw an)rt:hing like it in your life. The hen, she sat and sat, and I am blowed if she did not cook them." There has never been an Old Age Pen- sion Commission or a Poor Law Commission which did not well cook their reports before bringing them to this House. The regu- lations of the Board have amended Poor Law relief out of all knowledge. They told us to give outdoor relief generously, and in giving it to old and deserving people, we should not rake up the past. I was a guardian and I wished to do it generously. Some said, " They do not want old age pensions ; you want to make the workhouse more comfortable." Well, we did that, and what was the result ? I was put on trial and very nearly got time. . . . I once said, and I repeat, that no man should sit in this House without having served first for ten years as a Poor Law guardian. He would then know something about human nature. It is not perfect. There are a good many sides to it, but most people who apply for relief are very human, and I do not think they very OLD AGE PENSIONS 159 much object to these inquisitorial examinations as to their character. We were challenged by the hon. Member for Preston [Mr. Harold Cox], who said, " Would you go on any public platform and declare that you are in favour of giving a pension of 5 s. per week to a drunken, thriftless, worthless man or woman ? " My reply is very prompt to that. A man of seventy with nothing in the world to help him is going to cut a pretty shine on 5s. per week, whether his character be good or bad. What could he do with it ? It is not enough to keep him in decency, and he would be well punished for not taking care when he had the opportunity if he had to live on 5s. per week. Who are you, to be continually finding fault? Who amongst you has such a clear record as to be able to point to the iniquity and wickedness of an old man of seventy ? I said before, and I repeat, if a man is foolish enough to get old, and if he has not been artful enough to get rich, you have no right to punish him for it. It is no business of yours. It is sufficient for you to know he has grown old. After all, who are these old men and women ? Let me appeal to the noble Lord the Member for Marylebone [Lord Robert Cecil]. They are the veterans of industry, people of almost endless toil, who have fought for and won the industrial and commercial supremacy of Great Britain. Is their lot and end to be the Bas- tille of the everlasting slur of pauperism ? We claim these pensions as a right. Ruskin, I think, read you a little homily on the sub- ject — " Even a labourer serves his country with his spade and shovel as the statesman does with his pen, or the soldier with his sword." He has a right to some consideration from the State. Here in a country rich beyond description there are people poverty- stricken beyond description. There can be no earthly excuse for the condition of things which exists in this country to-day. If it be necessary to have a strong Army and Navy to protect the wealth of the nation, do not let us forget that it is the veterans of industry who have created that wealth ; and let us accept this as an instal- ment to bring decency and comfort to gur aged men and women, l6o BRITISH SOCIAL POLITICS Extract ji OPPOSITION TO THE BILL IN THE HOUSE OF LORDS [Earl of Wemyss, Lords, July 20, igoS) The Earl of Wemyss/ who had given notice of an Amendment — That pending the Report of the Royal Commission now inquiring into the principles and working of the existing Poor Law it would be unwise to enter upon the consideration of a Bill establishing the far-reaching prin- ciple of State Old Age Pensions — said : . . . Last Thursday the Times, in a leading article, recom- mended your Lordships to pass the second and even the third reading of the Bill, not on account of any merit it has, but for your own sake, and for the good of your Lordships' House. In the same article, however, there was a sentence which blew all this to smithereens, and I commend it to the notice of your I>ordships' House. The sentence ran — " But the real objection to the Bill is that it is fundamentally on wrong lines, and is, in fact, not a pen- sion but a Bill giving indefinite extension of outdoor relief." It is on that ground that I venture to ask your Lordships whether it is wise to go on with the Bill. I want your Lordships to consider, supposing this to be right, what indefinite extension of outdoor relief means. I should like to take your Lordships back seventy years. In 1834 the Poor Law, which had existed from the time of Elizabeth, had, by mismanagement and lax administration, produced such a state of things that it was given in evidence before the Poor Law Commission of that date that labourers said, " Damn work ! Blast work ! Why should I work when I can get i os. from the rates for doing nothing." The Commission, on which the Bishop of London and the Bishop of Carlisle sat, reported that all this was due to lax administration. Parliamentary Debates, Fourth Series, vol. 192, col. 1335 sqq. OLD AGE PENSIONS l6l and that stringency in administering the law was necessary. There may be people who say that the law has been too stringent and too harsh, but those two Bishops evidently did not think so. What has happened since then ? From that time better administration has prevailed, outdoor relief has been restricted, and the independence of the people has been restored. If, from sentimental motives. Parliament passes this Bill, I hold that you will establish a system of demoralisation amongst the working classes, that you will do away with thrift, that families will cease to regard it as an obliga- tion to maintain those of their members whose working days are passed, and that self-reliance will be diminished. I see in his place my noble friend Lord Rosebery. He, as Chancellor of the University of Glasgow, delivered the other day a most admirable speech, in the course of which he spoke strongly of the need of self-reliance. What he said is so much to the poirit that I will, with your Lordships' permission, read it. The noble Earl said : " The State invites us every day to lean upon it. I seem to hear the wheedling and alluring whisper, '-Sound you may be, we bid you be a cripple. Do you see ? Be blind. Do you hear ? Be deaf. Do you walk ? Be not so venturesome. Here is a crutch for one arm ; when you get accustomed to it, you will soon want another — the sooner the better.' The strongest man if encouraged may soon accustom himself to the methods of an invalid ; he may train himself to totter, or to be fed with a spoon. . . . Every day the area for initiative is being narrowed, every day the stand- ing ground for self-reliance is being undermined; every day the public infringes — with the best intentions, no doubt — on the indi- vidual ; the nation is being taken into custody by the State." And at the end the noble Earl said, " It was s.elf-reliance that built the Empire ; it is by self-reliance, and all that that implies, that it must be welded and continued." Those are wise words, which I humbly recommend to the attention of your Lordships. . . . I could, if I wished to detain yoiar Lordships, give you unlimited quotations against this Bill. All those who have given their lives l62 BRITISH SOCIAL POLITICS to the care of the poor and are interested in thrift and other socie- ties are all hostile to the Bill, as it at present stands. I will not quote those authorities, but will be satisfied by reading to your Lordships an extract from a circular issued by the Charity Organ- isation Society, of which many of your Lordships are members, and which has done excellent work during the last thirty years. That society has issued a circular against the Bill in which they assert that — " Neither the Bill, nor anything like the Bill, has ever been demanded by, or received the sanction of, the electors. To delay the passing of the Bill can do no serious injury to the coun- try and will enable the nation to consider calmly the policy of a measure which, for good or bad, produces a social revolution." That is an accurate description of the Bill, and I think it would be wise if your Lordships were to postpone consideration of it until all possible information is obtained. For what are you doing ? You will be tying a millstone round the neck of the country and involving it in an expenditure in the end of nearly ;^3o,ooo,ooo a year. On the very day last week when this Bill passed through the other House there was in France a Commission of the Senate sit- ting considering a Pension Bill, and that Commission, in spite of the wish of the French Government that the Bill should proceed and that they should report upon it, declined to do so until all the information that could possibly be obtained was before them. My Lords, we are told, Fas est ab hoste doceri, but I venture to suggest that your Lordships might also learn from a friend. I should like to see the entente cordiale of Shepherd's Bush carried to your Lord- ships' House ; and that you should act as wisely, as moderately, and as reasonably as the French Commission are doing. Let me further remind your Lordships of that splendid French maxim Fais ce que doit advienne que pourra, and urge your Lordships to act upon it. I have nothing more to add. I intend to stick to my guns and to divide your Lordships if I can get a teller, and I have secured one. What success we shall have in the division lobbies I do not know, but, at any rate, whatever the result may be, one OLD AGE PENSIONS 163 thing is certain — that all the common-sense and the sense of what is right and reasonable in dealing with such a question as this will be found with the minority. I beg to move the Amendment standing in my name.^ Extract ^2 DANGER OF DISPUTE WITH THE HOUSE OF COMMONS (Earl of Rosebery, Lords, July 20, igo8) The Earl of Rosebery ^ • . . . I believe this is the most important Bill by a long way that has ever been submitted to the House of Lords during the forty years that I have sat in it. I view its consequences as so great, so mystic, so incalculable, so largely affecting the whole scope and fabric of our Empire itself, that I rank it as a measure far more vitally important than even the great Reform Bills which have come before this House. I con- fess, to come at once to the Amendment of my noble friend, whom we heard with so much pleasure in such vigour at an age so greatly surpassing the ordinary span of man, that, if you take that Amend- ment in pure logic, it is extremely difficult to say anything against it. My noble friend says that you should wait for the Report of the Poor Law Commission before coming to a decision upon this Bill. His Majesty's Government have been a little unfortunate, owing to their enthusiasm for legislation, in more than once being unable to await pending inquiries before they proceeded to carry legislation into effect ; and I do not know that on any occasion they have been so unfortunate as they have been with regard to this Bill. . . . But when I come to the practical bearings of my noble friend's Amendment I feel much greater doubts, and I must tell him at once that I shall not be able to accompany him and his teller into the lobby which they have projected for themselves. I 1 The Amendment of Earl Wemyss was eventually rejected by a vote of 123 to 16. 2 Parliamentary Debates, Fourth Series, vol. 192, col. 1379 sqq. 1 64 BRITISH SOCIAL POLITICS cannot do so for very clear and obvious reasons. The first is that the Bill is an almost purely financial measure, coming up from the House of Commons with the almost unanimous support of that House after a division which, I think, only mustered ten against it in its final stage, and which had no division against it at all on its second reading. [Viscount St. Aldwyn here whispered to the noble Earl.] I am wrong, but at any rate an almost equally insignificant division on the second reading. A financial Bill coming up with this practical unanimity from the House of Commons it may be within your legal prerogative to reject, but I am quite sure it is equally impolitic for you to do so. More than this, it comes with the assent of both political parties.. No one can forget — we have been more than once reminded of it to-night — that the question was started by Mr. Chamberlain somewhere about 1894 or 1895, and therefore if you sit on the cross benches and you are not pledged to either party in this matter, you must feel, quite impartially, that this proposal comes as a principle equal to both parties. . . . The first responsibility of every country and every nation is national defence. I confess this prospect fills me with despair. I understand that the Government already acknowledge some lia- bility in respect of an increase in the Navy for next year ; and I strongly suspect that, in spite of the somewhat ambiguous pro- ceedings of which we have read, they do not expect any material reduction in the Army. Surely the moment is ill-chosen for under- taking this vague experiment, so prodigal of expenditure, and I would ask the Government — I say it in no spirit of hostility, but in a spirit of earnest and deep anxiety — to meet some of the points raised in this debate, and to assure us that, in furthering and not opposing this boon which they offer to the old of the. United Kingdom, we are not dealing a blow at the Empire which may be almost mortal, and that we are not embarrassing and encumbering our finances to a degree of which no man now living, however young he may be, will see the limit or the end. OLD AGE PENSIONS l6S Extract jj AN ANGLICAN BISHOP ON OLD AGE PENSIONS (Bishop of Ripon, Lords, July 20, iqoS) The Lord Bishop of Ripon ■'•... My Lords, there is some- thing in nations which is of more importance to them than mere financial prosperity. The accumulation of the power of wealth which enables nations to raise a considerable revenue through taxation, gives the stamp, as it were, of prosperity, but the best asset of a nation is a manly, vigorous, and numerous race, and the best asset of the race is that the character of its men and women shall never be impaired. A Frenchman once wrote a book con- cerning what he called the superiority of the Anglo-Saxon race, and in the course of that book he pointed out what he believed to be the one essential factor which contributed to that superiority. He said that in all the history of English life one spirit had pre- vailed, and that was the spirit of self-reliance. He turned to his countrymen and said, " The danger which we are in to-day is that we are not rearing our population to self-reliant habits." He drew the picture of the little farmer in Normandy who would stint him- self and live in an unclean and even unwholesome dwelling in order that he might leave a sufficient sum to his children. He pointed then to the Enghsh farmer who, he said, so far from crippling himself in order that his sons may be well, started in the world, takes the strong and independent line and says, " I made my way in the world and I expect my sons to do the same." " In other words," said the French writer, " the race across the Channel has educated its children in the habits of self-reliance, and to this habit is largely due the superiority and the strength of that race.'' Now I cannot help asking myself, and I feel sure that is the thought which has been passing through many minds to-night, 1 Parliamentary Debates, Fourth Series, vol. 192, col. 1389 sqq. l66 BRITISH SOCIAL POLITICS whether we are not in danger, not now, not to-day, but in the future, of dealing with this question of financial support in such a way that we undermine that spirit of self-reliance out of which the strength and the power of the British race has largely grown. That seems to me to be by far the most important question in- volved.. It is character which makes, as it were, for the generous strength of a race, and it is character alone which can give them the security for true and abiding riches. Therefore it is that I cannot help asking myself whether there may not be a danger of its being weakened in the future. I speak not of those of seventy years of age who are to receive the benefit of this measure. Their characters are formed, their conditions are settled. We are going forward to-night and sa3dng : " Let us help them, let us give to them something which will ease their later years, and if a few have not deserved, well, we will at any rate with large-heartedness forget those who were weak and deal largely and generously with this matter before us, for all these men or women of seventy naturally appeal to the pity and sympathy of our hearts." But when I look beyond and ask whether it is conceivable that we may begin so to hold out the thought that men may be able to receive from' the State that which in olden days they won by their own strong labours, self-denial, and thrift, then I am apprehensive lest we should, in attempting to do a good, do a great and grievous wrong, robbing ourselves and our children of that which is the best inheritance, the inheritance of a sturdy, strong, self-reliant manhood,- that will take upon itself the responsibilities of life and be equal, therefore, to the responsibilities of Empire. I think none of us can shut our eyes to the fact that there are among us people who are very ready to shirk responsibility, and I, for one, would feel that the whole system and condition of English life had lost its meaning and value if once we should act in such a fashion as to remove responsibility, and the sense of responsibility, from the people of this country. We are in this world for responsibility ; through responsibility we grow and rise to the height of character OLD AGE PENSIONS 167 which Divine Providence intended us to reach. Let us not, by any action of ours, weaken that which is the best thing we can preserve, the character of the population, for out of that, and out of that alone, will spring the strength and the stability of the nation. Extract J4 OLD AGE PENSIONS ACT, 1908 {8 Edw. 7, ch. 4.0) An Act to provide for Old Age Pensions. (ist August 1908) Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : I. Right to receive Old Age Pension (i) Every person in whose case the conditions laid down by this Act for the receipt of an old age pension (in this Act referred to as statutory conditions) are fulfilled, shall be entitled to receive such a pension under this Act so long as those conditions continue to be fulfilled, and so long as he is not disqualified under this Act for the receipt of the pension. (2) An old age pension under this Act shall be at the rate set forth in the schedule to this Act. (3) The sums required for the payment of old age pensions under this Act shall be paid out of moneys provided by Parliament. (4) The receipt of an old age pension under this Act shall not deprive the pensioner of any franchise, right, or privilege, or sub- ject him to any disability. l68 BRITISH SOCIAL POLITICS 2. Statutory Conditions for Receipt of Old Age Pension The statutory conditions for the receipt of an old age pension by any person are — (i) The person must have attained the age of seventy : (2) The person must satisfy the pension authorities that for at least twenty years up to the date of the receipt of any sum on account of a pension he has been a British sub- ject, [and has had his residence, as defined by regulations under this Act, in the United Kingdom] ^ : (3) The person must satisfy the pension authorities that his yearly means as calculated under this Act do not exceed thirty-one pounds ten shillings. J. Disqualification for Old Age Pension ''■ (i) A person shall be disqualified for receiving or continuing to receive an old age pension under this Act, notwithstanding the fulfilment of the statutory conditions — {a) While he is in receipt of any poor relief (other than relief excepted under this provision), and, until the thirty-first day of December nineteen hundred and ten unless Parlia- ment otherwise determines, if he has at any time since the first day of January nineteen hundred and eight re- ceived, or hereafter receives, any such relief: Provided that for the purposes of this provision — (i) any medical or surgical assistance (including food or comforts) supplied by or on the recommendation of a medical officer ; or (ii) any relief given to any person by means of the maintenance of any dependant of that person in any lunatic asylum, infirmary, or hospital, or the payment of any expenses of the burial of a dependant ; or 1 Repealed by the Old Age Pensions Act, igii. Cf. infra, p. 178. 2 Cf. amendments in the Old Age Pensions Act, 1911. Cf. infra, p. 179. OLD AGE PENSIONS 169 (iii) any relief (other than medical or surgical assist- ance, or relief herein-before specifically ex- empted) which by law is expressly declared not to be a disqualification for registration as a parliamentary elector, or a reason for depriv- ing any person of any franchise, right, or privilege ; shall not be considered as poor relief : (b) If, before he becomes entitled to a pension, he has habitually failed to work according to his ability, opportunity, and need, for the maintenance or benefit of himself and those legally dependent upon him : Provided that a person shall not be disqualified under this paragraph if he has continuously for ten years up to attaining the age of sixty, by means of payments to friendly, provident, or other societies, or trade unions, or other approved steps, made such provision against old age, sickness, infirmity, or want or loss of employment as may be recognised as proper provision for the purpose by regulations under this Act, and any such provision, when made by the husband in the case of a married couple living together, shall as respects any right of the wife to a pension, be treated as provision made by the wife as well as by the husband : (c) While he is detained in any asylum within the meaning of the Lunacy Act, 1890, or while he is being maintained in any place as a pauper or criminal lunatic : (ft) During the continuance of any period of disqualification arising or imposed in pursuance of this section in conse- quence of conviction for an offence. (2) Where a person has been before the passing of this Act, or is after the passing of this Act, convicted of any offence, and ordered to be imprisoned without the option of a fine or to suffer any greater punishment, he shall be disqualified for receiving or I/O BRITISH SOCIAL POLITICS continuing to receive an old age pension under this Act while he is detained in prison in consequence of the order, and for a further period of ten^ years after the date on which he is released from prison. (3) Where a person of sixty years of age or upwards having been convicted before any court is liable to have a detention order made against him under the Inebriates Act, 1898, and is not nec- essarily, by virtue of the provisions of this Act, disqualified for re- ceiving or continuing to receive an old age pension under this Act, the court may, if they think fit, order that the person convicted be so disqualified for such period, not exceeding ten years, as the court direct. 4.. Calculation of Means '' (3) If it appears that any person has directly or indirectly de- prived himself of any income or property in order to qualify him- self for the receipt of an old age pension, or for the receipt of an old age pension at a higher rate than that to which he would other- wise be entitled under this Act, that income or the yearly value of that property shall, for the purposes of this section, be taken to be part of the means of that person. 5. Mode of paying Pensions (i) An old age pension under this Act, subject to any directions of the Treasury in special cases, shall be paid weekly in advance in such manner and subject to such conditions as to identification or otherwise as the Treasury direct. (2) A pension shall commence to accrue on the first Friday after the claim for the pension has been allowed, or, in the case of a claim provisionally allowed, on the first Friday after the day on which the claimant becomes entitled to receive the pension. 1 Amended in 191 1 to read "two." 2 Subsections (i) and (2) of section 4 were repealed by the Act of 1911. For the substitutions, cf. infra, p. 177. OLD AGE PENSIONS 171 6. Old Age Pension to be Inalienable Every assignment of or charge on and every agreement to assign or charge an old age pension under this Act shall be void, and, on the bankruptcy of a person entitled to an old age pension, the pen- sion shall not pass to any trustee or other person acting on behalf of the creditors. 7. Determination of Claims and Questions (i) All claims for old age pensions under this Act and all ques- tions whether the statutory conditions are fulfilled in the case of any person claiming such a pension, or whether those conditions continue to be fulfilled in the case of a person in receipt of such a pension, or whether a person is disqualified for receiving or con- tinuing to receive a pension, shall be considered and determined ^ as follows : (a) Any such claim or question shall stand referred to the local pension committee, and the committee shall (except in the case of a question which has been originated by the pen- sion officer and on which the committee have already re- ceived his report), before considering the claim ojr question, refer it for report and inquiry to the pension officer : (j)) The pension officer shall inquire into and report upon any claim or question so referred to him, and the local pen- sion committee shall, on the receipt of the report of the pension officer and after obtaining from him or from any other source if necessary any further information as to the claim or question, consider the case and give their decision upon the claim or question : (J) The pension officer, and any person aggrieved, may appeal to the central pension authority against a decision of the local pension committee allowing or refusing a claim for 1 The character of such questions is defined in the Old Age Pensions Act, 1911, section 6. Cf. infra, p. 180. 1/2 BRITISH SOCIAL POLITICS pension or determining any question referred to them within the time and in the manner prescribed by regula- tions under this Act, and any claim or question in respect of which an appeal is so brought shall stand referred to the central pension authority, and shall be considered and determined by them : (d) If any person ^ is aggrieved by the refusal or neglect of a local pension committee to consider a claim for a pension, or to determine any question referred to them, that person may apply in the prescribed manner to the central pension authority, and that authority may, if they consider that the local pension committee have refused or neglected to consider and determine the claim or question within a reasonable time, themselves consider and determine the claim or question in the same manner as on an appeal from the decision of the local pension committee : (2) The decision of the local pension committee on any claim or question which is not referred to the central pension authority, and the decision of the central pension authority on any claim or question which is so referred to them, shall be final and conclusive. 8. Administrative Machinery (i) The local pension committee shall be a committee appointed for every borough and urban district, having a population according to the last pubhshed census for the time being of twenty thousand or over, and for every county (excluding the area of any such bor- ough or district) by the council of the borough, district, or county. The persons appointed to be members of a local pension com- mittee need not be members of the council by which they are appointed. (2) A local pension committee may appoint such and so many sub-committees, consisting either wholly or partly of the members of the committee as the committee think fit, and a local pension 1 Cf. Act of 191 1, section 6, subsection (6), infra, p. 182. OLD AGE PENSIONS 1 73 committee may delegate, either absolutely or under such conditions as they think fit, to any such sub-committee any powers and duties of the local committee under this Act. (3) The central pension authority shall be the Local Govern- ment Board, and the Board may act through such 'committee, per- sons, or person appointed by them as they think fit. (4) Pension officers shall be appointed by the Treasury, and the Treasury may appoint such number of those officers as they think fit to act for such areas as they direct. (5) Any reference in this Act to pension authorities shall be construed as a reference to the pension officer, the local pension committee, and the central pension authority, or to any one of them, as the case requires. p. Penalty for False Statements ^ (1) If for the purpose of obtaining or continuing an old age pension under this Act, either for himself or for any other person, or for the purpose of obtaining or continuing an old age pension under this Act for himself or for any other person at a higher rate than that appropriate to the case, any person knowingly makes any false statement or false representation, he shall be liable on summary conviction to imprisonment for a term not exceeding six months, with hard labour. (2) If it is found at any time that a person has been in receipt of an old age pension under this Act while the statutory conditions were not fulfilled in his case or while he was disqualified for receiv- ing the pension, he or, in the case of his death, his personal repre- sentative, shall be liable to repay to the Treasury any sums paid to him in respect of the pension while the statutory conditions were not fulfilled or while he was disqualified for receiving the pension, and the amount of those sums may be recovered as a debt due to the Crown. 1 Important amendments of this section in the Old Age Pensions Act, 191 1, sections 6 and 7. Cf. infra, pp. 180-183. 174 BRITISH SOCIAL POLITICS 10. Regulations and Expenses (i) The Treasury in conjunction with the Local Government Board and with the Postmaster-General (so far as relates to the Post Office) may make regulations for carrying this Act into effect, and in particular — {a) for prescribing the evidence to be required as to the fulfil- ment of statutory conditions [and for defining the mean- ing of residence for the purposes of this Act] -^ ; and (Ij) for prescribing the manner in which claims to pensions may be made, and the procedure to be followed on the consid- eration and determination of claims and questions to be considered and determined by pension officers and local pension committees or by the central pension authority, and the mode in which any question may be raised as to the continuance, in the case of a pensioner, of the fulfil- ment of the statutory conditions, and as to the disqualifi- cation of a pensioner ; and (c) as to the number, quorum, term of office, and proceed- ings generally of the local pension committee and the use by the committee, with or without pa)rment, of any offices of a local authority, and the provision to be made for the immediate payment of any expenses of the committee which are ultimately to be paid by the Treasury. (2) The regulations shall provide for enabling claimants for pensions to make their claims and obtain information as respects old age pensions under this Act through the Post Office, and for provisionally allowing claims to pensions before the date on which the claimant will become actually entitled to the pension, and for notice being given by registrars of births and deaths to the pen- sion officers or local pension committees of every death of a person over seventy registered by them, in such manner and subject to I Repealed by the Act of 1911. OLD AGE PENSIONS I7S such conditions as may be laid down by the regulations, and for making the procedure for considering and determining on any claim for a pension or question with respect to an old age pension under this Act as simple as possible. (3) Every regulation under this Act shall be laid before each House of Parliament forthwith, and, if an address is presented to His Majesty by either House of Parliament within the next subse- quent twenty-one days on which that House has sat next after any such regulation is laid before it, praying that the regulation may be annulled. His Majesty in Council may annul the regulation, and it shall thenceforth be void, but without prejudice to the validity of anything previously done thereunder. (4) Any expenses incurred by the Treasury in carrying this Act into effect, and the expenses of the Local Government Board and the local pension committees under this Act up to an amount ap- proved by the Treasury, shall be defrayed out of moneys provided by Parliament. I J. Application to Scotland, Ireland, and the Scilly Isles (i) In the application of this Act to Scotland, the expression " Local Government Board " means the Local Government Board for Scotland; the expression "borough" means royal or parlia- mentary burgh ; the expression " urban district " means police burgh ; the population limit fpr boroughs and urban districts shall not apply; and the expression "Lunacy Act, 1890," means the Lunacy (Scotland) Acts, 1857 to 1900. (2) In the application of this Act to Ireland, the expression " Local Government Board " means the Local Government Board for Ireland ; ten thousand shall be substituted for twenty thousand as the population limit for boroughs and urban districts ; and the expression " asylum within the meaning of the Lunacy Act, 1890," means a lunatic asylum within the meaning of the Local Govern- ment (Ireland) Act, 1898. 176 BRITISH SOCIAL POLITICS (3) In the application of this Act to the Isles of Scilly, those isles shall be deemed to be a county and the council of those isles the council of a county. 12. Commencement and Title (i) A person shall not be entitled to the receipt of an old age pen- sion under this Act until the first day of January nineteen hundred and nine and no such pension shall begin to accrue until that day. (2) This Act may be cited as the Old Age Pensions Act, 1908. Schedule Means of Pensioner Rate of Pension PER Week Where the yearly means of the pensioner as calcu- lated under this Act — Do not exceed £21 . ...... Exceed .£21, but do not exceed .£23 12s. 6d. . . . Exceed ^23 12s. 6d., but do not exceed £26 5s. . . Exceed £26 5s., but do not exceed £28 17s. 6d. Exceed £,2% 17s. 6d., but do not exceed ^£31 los. . Exceed j£3i los . d. o o o o o No pension Extract j^ OLD AGE PENSIONS ACT, 1911 (i &" 2 Geo. J-, ck. 16) An Act to amend the Old Age Pensions Act, igo8. (iSth August 191 1) Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows : OLD AGE PENSIONS 177 I. Calculation of Date of attaining Specified Age For the purposes of the Old Age Pensions Act, 1908 (in this Act referred to as " the principal Act"), a person shall be deemed, according to the law in Scotland as well as according to the law in England and Ireland, to have attained the age of seventy or sixty on the commencement of the day previous to the seventieth or six- tieth anniversary, as the case may be, of the day of his birth. 2. Calculation of Means (i) In calculating, for the purpose of the principal Act, the means of a person, account shall be taken of — {a) the yearly value of any property belonging to that person (not being property personally used or enjoyed by him) which is invested, or is otherwise put to profitable use by him, or which, though capable of investment or profitable use, is not so invested or put to profitable use by him, the yearly value of that property being taken to be one- twentieth part of the capital value thereof ; (h) the income which that person may reasonably expect to re- ceive during the succeeding year in cash, excluding any sums receivable on account of an old age pension under this Act, and excluding any sums arising from the invest- ment or profitable use of property (not being property personally used or enjoyed by him), that income, in the absence of other means for ascertaining the income, being taken to be the income actually received during the pre- ceding year ; (c) the yearly value of any advantage accruing to that person from the use or enjoyment of any property belonging to him which is personally used or enjoyed by him, except furniture and personal effects in a case where the total value of the furniture and effects does not exceed fifty pounds ; and 178 BRITISH SOCIAL POLITICS (d) the yearly value of any benefit or privilege enjoyed by that person : Provided that, where under paragraph (a) of the foregoing pro- visions the yearly value of any property is taken to be one-twentieth part of the capital value thereof, no account shall be taken under any other of those provisions' of any appropriation of that property for the purpose of current expenditure. (2) In calculating the means of a person being one of a married couple living together in the same house, the means shall be taken to be half the total means of the couple. (3) The foregoing provisions of this section shall be substituted for subsections (i) and (2) of section four of the principal Act. 3. Provisions as to Nationality and Residence Notwithstanding anything in the principal Act — (i) the condition as to nationality imposed by paragraph (2) of section two of the principal Act shall not be required to be fulfilled in the case of a woman who satisfies the pension authorities that she would, but for her marriage with an alien, have fulfilled the condition, and that, at the date of the receipt of any sum on account of a pen- sion, the alien is dead, or the marriage with the alien has been dissolved or annulled, or she has, for a period of not less, than two years up to the said date, been legally separated from, or deserted by, the alien : (2) it shall be a statutory condition for the receipt of an old age pension by any person, that the person must satisfy the pension authorities that for at least twelve years in the aggregate out of the twenty years up to the date of the receipt of any sum on account of a pension he has had his residence in the United Kingdom : Provided that for the purposes of computing the twelve years' residence in the United Kingdom under this provision — OLD AGE PENSIONS 1 79 (a) any periods spent abroad in any service under the Crown, the remuneration for which is paid out of moneys provided by Parliament, or as the wife or servant of a person in any such service so remunerated ; and {b) any periods spent in the Channel Islands or the Isle of Man by a person born in the United Kingdom; and (c) any periods spent abroad by any person during which that person has maintained or assisted in maintaining any dependant in the United Kingdom ; and (d) any periods of absence spent in service on board a vessel registered in the United Kingdom by a person who before his absence on that serv- ice was living in the United Kingdom ; and (e) any periods of temporary absence not exceeding three months in duration at any one time ; shall be counted as periods of residence in the United Kingdom. 4.. Amendments of Section j of Principal Act (i) Any rule of law and any enactment, the effect of which is to cause relief given to or in respect of a wife or relative to be treated as relief given to the person liable to maintain the wife or relative, shall not-have effect for the purposes of section three of the principal Act (which relates to disqualification). (2) Two years shall be substituted for ten years as the further period of disqualification under subsection (2) of section three of the principal Act, both as respects persons convicted before the passing of this Act, and, as respects persons convicted after the passing of this Act, in cases where the term for which a person has been ordered to be imprisoned without the option of a fine does not exceed six weeks. l8o BRITISH SOCIAL POLITICS (3) Any person in receipt of an old age pension who is convicted of any offence which is mentioned in or deemed to be mentioned or included in the First Schedule to the Inebriates Act, 1898, shall, if not subject to disqualification under the principal Act, be disqual- ified for receiving or continuing to receive an old age pension for a period of six months after the date of his conviction, unless the court before whom he is convicted direct to the contrary. J. Limitations with Respect to the Payment of Old Age Pensions A sum shall not be paid on account of an old age pension — • (a) to any person while absent from the United Kingdom ; or (l>) if payment of the sum is not obtained within three months after the date on which it has become payable. 6. Amendments with Respect to Questions as to Old Age Pensions (i) It is hereby declared that a question may be raised at any time — (a) whether at any time or during any period a person has been in receipt of an old age pension when the statutory con- ditions were not fulfilled, or when he was disqualified for receiving the pension ; and ip) whether a person has been at any time or during any period in receipt of a pension at a certain rate when his means exceeded the amount which justified the payment of a pension at that rate, and, if so, at what rate the pension, if any, should have been paid ; and (er been submitted to Parliament! I cannot believe the Government itself realises what that proposition involves. I do not wish to linger over the terms on which the land is to be acquired. They do not seem to me specially unfair. I do not myself see why, for such a purpose, the allowance for compulsory purchase should not be allowed, but I do not really care about that, and the tri- bunal is fair enough as far as compensation is concerned. The acquisition of any land might mean that any railway might be ac- quired under the words of this Clause. There is nothing to pre- vent the complete nationalisation of all the railways and all the land of the country under Clauses 1,2, and 4. I do not suppose for a moment, and I am not suggesting, that is what the Gov- ernment intends — of course not — but that is the framework of their Bill. That is what the Bill gives them power to do under these provisions. What are the safeguards that are suggested ? As far as I can see the only two are these: it is suggested that only ^500,000 per year for four years is to be allowed for these purposes. That is the suggested provision of Clause 2 , but when you look at Clause 2 it does not contain any such limit at all. The words of the Clause are : " . . . the Development Fund into which shall be paid {a) such moneys as may from time to time be provided by Parliament for the purposes of this part of this Act." That is quite general. Then in subsection (2) of Clause 2 there is the provision, " There shall be charged on and issued out of the Consolidated Fund in the year ending the thirty-first day of March, nineteen hundred and eleven, and in each of the next succeeding four years, the sum of five hundred thousand pounds." What it comes to is this, that there is an attempt to enact that at least ;^5 00,000 should be spent every year on these purposes, and there is no superior limit what- ever. Any sum which could be obtained from a docile majority of 31 8 BRITISH SOCIAL POLITICS the House of Commons might be allocated to these purposes, so that the suggested limit of ;£'5 00,000 is absolutely non-existent. Then there is the provision of an Advisory Committee, and we are seriously asked to regard that as some safeguard. This Advisory Committee is to be appointed by the particular Government that brought in the Bill, but there is nothing to indicate who they are to be. They may be, as the hon. and learned Member for Louth suggests, Lumley. At any rate, we have very good ground for knowing that the Government are not at all moved by the fact that Advisory Committees, or persons that they appoint to make inquiries and report, report in favour or against a particular thing. . . . That is the scheme of the Bill, and it appears to me it lays itself open to two very serious objections. I think it is likely to produce a great waste of public money, and I think it is almost certain to produce a very grave danger of political corruption. We have not the experience they have in foreign countries of the working of such schemes as this. I believe that a scheme of this kind is in operation in some form or another in almost all our Colonies and in several foreign countries. I see, for instance, that a Mr. Wise has published a work on Australia recently, in which he says that one of the most dangerous classes of politicians in that country are the " roads and bridges men," who are described in this way, " Their value to their constituents is apt to be expressed in terms of the public expenditure in their district." I do not want to go unnecessarily into that aspect of the ques- tion. Everyone who knows anything of political life in many of our Colonies knows that this power of executing public works in the various constituencies is one of the chief political instruments belonging to the Ministry of the day. I was told the other day, and it is common talk in Canada, that the wavering constituency always voted in the same way as the majority of the country appears to be likely to decide, so that they may obtain a share of loaves and fishes when the Government comes into power. A friend of mine described to me how he saw a large army of workmen engaged THE HOUSING AND LAND PROBLEM 319 in repairing a wall of a public building in one of our Colonies. He aslced how it was so many men appeared to be engaged in so trivial a work. He was rebuked for his simplicity, and told that a General Election was immediately in prospect. It is not only so in our Colonies. I am sure, and I do not wish to exaggerate, they have had a difficult problem to face in a new country, and no one wishes less than I do to exaggerate failings that may have occurred in connection with that very difficult problem. . . . With all those examples before us, I do ask the House and hon. Members very seriously to consider how this would work in our own country. Have we any right to suppose that it would work materially better here than in other countries ? Let us take it gen- erally. Is it not almost certain that one of the duties of every Member of Parliament who sat at any rate for a country constitu- ency would be to extort from the Government of the day as much as he could in order to develop the various districts which were represented ? In addition to the demand for the appointrnent of magistrates, would it not be one of the favourite employments not only of Radical, but of Tory Members of Parliament, to try and secure for the locality the largest share or slice of the Development Fund ? It is a very delicate matter to enlarge upon, but there are constituencies already in this country which benefit largely by ex- penditure from public sources, and it would be mere affectation to conceal the fact that those who represent them have perpetually pressed upon the Government the expenditure of public money in their localities in order to please their constituents. One can see that that would be the ordinary course of business under which we should live. Just conceive what might happen at a critical bye- election, when, perhaps, a Member of the Government was seek- ing reelection on promotion. I can well conceive the telegram that would come from the party managers demanding some great ex- penditure on a harbour in, say, a division of Yorkshire, in order to secure the return of the newly-appointed Chancellor of the Duchy. It is quite true that now somewhat similar demands take 320 BRITISH SOCIAL POLITICS place, but they generally seem to result in abortive projects of legislation. But seriously, does anybody doubt that at a bye-election a great deal of political pressure would be brought to bear upon the Government of the day to spend money out of this Vote ? That is not the only thing. I have no doubt myself that when a controversial measure was before the Parliament, and it was important to secure in its support the votes of a particular section of this House, the chiefs of that section would demand from the Government of the day some promise of the expenditure of pub- lic money out of the Development Fund to benefit the part of the Kingdom from which they came. I have not the slightest doubt of that, because it has already occurred. Everybody knows that considerable negotiations have been going on between the Govern- ment and the Irish party in order to obtain from that party sup- port for certain portions of the Finance Bill. The leader of that party, on July 4 last, made a speech at Arklow, reported in the Times' oi July 5, in which, judging from the tone of the speech, he was defending himself against certain critics in Ireland who thought he had been too complacent with the Government in ref- erence to the Finance Bill ; and he set out in considerable detail the terms of tl\e changes which the Government had agreed upon in the Finance Bill, and which about two months later they com- municated to the House' of Commons. In addition to that, this very striking paragraph occurs in the speech : Out of the Development Fund it was proposed to create he had reason to know that within the next twelve months money would assuredly be pro- vided for the drainage of the Barrow and the Bann and other rivers which were spreading desolation and ruin by their flooding. Money would also be available which could be used to facilitate the purchase and amalgama- tion of Irish railways under an Irish local authority. That has actually been done before the Bill has even been read a second time in the House of Commons. . . . I say that that is a conclusive example of the way in which this Development Fund may be — and if the present Chancellor of THE HOUSING AND LAND PROBLEM 32 1 the Exchequer remains in office will be — used, in order to secure political support. We have only to turn to the speech of the Presi- dent of the Board of Trade on Saturday last to see that this is all part of a gigantic scheme to bribe the electorate. . Mr. Lloyd George : Do I understand the Noble Lord really to suggest that there is any pledge by the Government to give money out of this Development Fund for the draining of the Barrow and the Bann, and the nationalisation of Irish railways ? If he or any- body else says so, it is not an accurate statement. Nothing of the kind has been done. » Mr. John O'Connor : Is the Noble Lord aware that the Leader of the Opposition in the year 1888 promised ^10,000 for these drainage works ? Mr. Speaker : That has no relevancy whatever to the matter under discussion. Lord R. Cecil : I certainly suggest that these words occur in the report in the Times of the speech of the hon. and learned Member for Waterford on July 4 at Arklow : " Out of the De- velopment Fund it was proposed to create he had reason to know that within the next months money would assuredly be provided for the draining of the Barrow and the Bann." Mr. Lloyd George : I know nothing whatever about the state- ment. It may, or may not, be an accurate report. 7\11 I can say, as Minister in charge of the Bill, is that no such promise has been made to anybody. Lord R. Cecil : Of course, I fully accept the statement of the right hon. Gentleman that, as far as he is concerned, no such state- ment has been made ; but I do not think he can be quite sure that no such statement has been made on behalf of the Government. There are other Members of the Government besides the right hon. Gentleman. Mr. Lloyd George : Really I think the Noble Lord is a littie unfair. Does he really suggest that any Member of the Govern- ment has given a pledge affecting the Treasury to the extent of — 322 BRITISH SOCIAL POLITICS I do not know what it would be; I should say it would be an enormous sum — [An Hon. Member : Millions] — without even intimating it to anybody representing the Treasury ? Lord R. Cecil : I really have not the slightest idea how this Government does its work. All I can say is that this statement was made publicly more than two months ago ; it was reported in the Times, and no contradiction whatever has been given. Mr. Lloyd George : At the first moment it is brought to my notice, which is this moment, I give it an emphatic contradiction. Lord R. ^ecil : It only shows how very unfortunate this legis- lation is, because apparently the hon. and learned Gentleman the Leader of the Irish party, who is a most accurate man, as I am sure every Member of this House knows, has apparently made that statement in the course of his speech. It set out with great accuracy this offer, which, he says, the Government have made. However, if the right hon. Gentleman says it is inaccurate, it really makes very little difference to the strength of my argument, because it shows the kind of thing which is expected by this Bill, and the kind of pressure that will be put upon Finance Ministers in the future, whether this particular Finance Minister or not. A Bill of this kind, constructed in this way, is the greatest engine of political corruption which has been attempted to be carried in this House since the days of Fox's India Bill. Hon. Gentlemen oppo- site make a great accusation against a policy which is favoured by several of my hon. and right hon. Friends that it will lead to great corruption of public life. [An Hon. Member : So it will.] Yes, but I say deliberately that the power of corruption under any scheme of Tariff Reform that has ever been suggested by a re- sponsible statesman is as nothing to the power for corruption in this ! This is not confined to municipalities or public authorities. Anybody in the world may receive a grant of public money out of this Development Fund in order, to press forward some local in- dustry. In what possible respect does this differ, except in the wording, from the ordinary system of bounties which prevails in THE HOUSING AND LAND PROBLEM 323 protected countries ? The thing is absolutely on " all fours." There is no distinction whatever. To my mind this Bill is thoroughly un- sound finance. I- believe, however carried out, it will result in a colossal waste of public money. I believe myself — and this is the worst part of it — that it will constitute a very serious danger to national political purity. It is advocated upon the ground of developing national pros- perity. I believe that to be a complete misapprehension of the foundation upon which national prosperity rests. I do not believe for a moment you can secure national prosperity in an old country like this by distributing public money in doles to this or that com- mercial interest. That is not what the prosperity of the country depends upon. The prosperity of the country depends upon national character. I can conceive no greater and more dangerous attack upon national character than holding out this bait of gigantic sums of money which may be granted to this or that industry in different parts of the country. A clause of this Bill provides that in considering how the money is to be distributed regard is to be had to the state of employment in the various districts. What does that amount to ? An hon. Member comes and demands from the Finance Minister a grant of public money. The reply is, " You ask for this money, but your scheme is really not worth the assist- ance of the State." " Oh, but," says the hon. Member, " there is a great deal of unemployment in my district, and you are bound to consider that in making this grant." [An Hon. Member: Why not ?] Does anyone doubt how that will end ? It means a grant of public money purely directed to the relief of individuals. It will destroy or seriously injure the character of the inhabitants of this country. Apart from its grotesque finance of taking out of one pocket by taxing what you are going to put into the other pocket by doles, it will destroy the very foundation upon which the prosperity of the country rests and its pride of place — at any rate, of its place of predominance — amongst the civilised Powers of the world. 324 BRITISH SOCIAL POLITICS Extract 5^ REPLY TO CONSERVATIVE OPPOSITION TO DEVELOP- MENT BILL {Mr. David Lloyd George, Chancellor of the Exchequer, Commons, September 6, igog) Mr. Lloyd George ^ : This has been a very interesting and a very significant debate. There is one characteristic of the debate which I think has considerable significance, and that is that the attack on the Bill has been confined exclusively to non-agricultural Members. Up to the present we have not had a single Member for an agricultural constituency sitting on the other side of the House attacking the proposals of the Government for the aid of agricul- ture. The Members who have spoken for agriculture represent town constituencies. The Noble Lord opposite [Lord R. Cecil] has spoken for the agricultural community of Marylebone. The Noble Lord [Viscount Morpeth] has spoken for the market gar- deners of Birmingham. The right hon. Gentleman the Member for Wimbledon [Mr. Chaplin] approves of the Bill — Mr. Chaplin : The objects of the first part of the Bill. Mr. Lloyd George : The right hon. Gentleman said that he approved of the object of the Bill so long as the Bill was not car- ried. The Bill is a first-rate one, but if the Government mean to carry it, it will have his whole-hearted opposition. Mr. Chaplin : I am sure the right hon. Gentleman does not wish to "misrepresent me. What I really said was that I approved in the main of the objects of the first part of the Bill, but that I disapprove altogether of the machinery by which those objects were to be carried into effect. I added that the Bill was of such importance that I did not think it could be properly examined at this period of the year during a Session like the present, and that 1 Parliamentary Debates, Commons, Fifth Series, vol. lo, col. g6i sqq. THE HOUSING AND LAND PROBLEM 325 if any attempt was made to force it through the House without due and proper examination, I should oppose its passage to the best of my ability. Mr. Lloyd George : The right hon. Gentleman will have every opportunity of examining the Bill and of criticising any details to which he may object. Mr. Chaplin : When ? Mr. Lloyd George : The Session is not over by any means. We will afford an opportunity. After the speech of the right hon. Gentleman on the second reading of the Budget I really expected something better from him, but I am grievously disappointed. The Noble Lord the Member for Marylebone [Lord R. Cecil] I expected opposition from. The hon. Baronet the Member for the City [Sir F. Banbury] I also expected opposition from. Sir F. Banbury : You will get it. Mr. Lloyd George : They do not agree with anything, not even with each other ; therefore, I did not expect any agreement from them. But the right hon. Gentleman [Mr. Chaplin] on the second reading of the Budget devoted nearly the whole of his speech to passionately pleading that he was the man who dis- covered this idea. He discovered the North Pole ; I only got there after him. He explained at great length how he started from, I think, Dublin with the Tariff Reform Commission on a voyage of discovery and had found it ; he claimed to be the real discoverer, to whom all the credit of the distinction belonged. He having taken that line, I naturally expected his assistance now that I have tried to develop the idea — his idea, his child. I thought that as a fond parent, at any rate, he would have assisted me in protecting his child against the assassins who sit behind him. In- stead of that, he threatens the most virulent opposition under certain conditions, and he does not seem at all anxious that the Bill should be carried. On the contrary, I do not think I should be doing him any injustice if I said that on the whole the right hon. Gentleman would be better pleased if the Bill did not go through 326 BRITISH SOCIAL POLITICS the House of Commons during the present Session of Parliament. I really expected better treatment from him at any rate. The Noble Lord [Lord R. Cecil] started his speech by attacking me for not having made a statement in opening the proceedings on the Bill. He said that it was another insult to the House of Commons. [Sir F. Banbury: Hear, hear.] I see that his com- rade ad hoc quite agrees with him. The Noble Lord is rather in the habit of lecturing Ministers in the House of Commons with- out adequate experience. His experience is confined to this single Parliament, but no one would imagine it, either from his gifts or from the rather superior tone which he adopts. Does he know what happened in the last Parliament ? The Education Bill of 1902 was moved by the lifting of the hat of the Minister. On the Licensing Bill of 1904, a highly controversial measure, no Minister spoke until much later in the evening than the hour at which I have risen to-night. In the present case I had already explained the object of the Bill in my Budget speech,^ at much too great length I admit — for about twenty minutes. I circulated a full statement on the first reading. I have simply followed the precedent of the Leader of the Opposition, who is certainly a more distinguished authority than the Noble Lord and who would not insult the House of Commons, in simply waiting for two or three hours until I knew the general line of criticism. The Noble Lord has laid down some very remarkable doctrines. He said that whenever rich motorists were taxed it was the work- ing class who paid. That is a very remarkable doctrine. Why not extend it ? Is it not the simplest plan to tax the rich people, if it is the other classes who pay ? The cost of collection would be so much reduced. You would simply send a demand note to these few thousand people and say : " Would you mind paying us ? Of course, it is not you who will pay ; you are simply the agents. You just sign the cheque. The money will all come back to you." It is so much simpler. The rich man with a motor car of 60 horse-power 1 Cf . infra, p. 361. THE HOUSING AND LAND PROBLEM 327 simply signs the cheque ; it is the poor pedestrian on the road, covered with dust, who pays. When the rich millionaire signs the cheque for £4.0 or ^50 it is the little market gardener along the roadside who pays. It is a very simple method of taxation. You just get these few people to sign the cheque — that is the best method of making the whole community pay. That is the doctrine laid down by the Noble Lord, and it may be worth con- sidering. I can quite conceive that some day or other he will be a member of a Socialist Ministry defending a Socialist Budget, de- fending the exclusive taxation of the rich, because it is not they who really pay, but somebody else. That is a very remarkable doctrine to come from him. [An Hon. Member : It did not come from him.J I have just quoted his words. As usual, the Noble Lord discovered Socialism here. All I can say is that some of the least Socialistic States in the world have indulged in experiments of this character. Denmark is certainly not a Socialistic State ; on the contrary, it is probably the most individualistic State in Europe. It is a community of peasant pro- prietors. Yet in Denmark they have already engaged in these experiments, for I forget how long exactly, but twenty or thirty years, and with very great success. Earl Winterton made a remark which was inaudible in the Press Gallery. Mr. Lloyd George : Yes, but they do not grow turnips in Copenhagen. Earl Winterton : The right hon. Gentleman, I think, is rather unfair to me in his answer to my interruption. He said : " Denmark is the most individualistic country in Europe." I say it is one of the most Socialistic. Mr. Lloyd George : The Noble Lord is absolutely wrong. It shows really that when the Noble Lord and his colleagues talk about Socialism they have not the most elementary knowledge of what it means. If he would only look at the dictionary before he interrupts, it would be better. Does he really mean to suggest that 328 BRITISH SOCIAL POLITICS peasant proprietorship is Socialism ? Four-fifths of the land of Denmark belongs to peasant proprietors. That is the very opposite of Socialism ! Some hon. Members talk without the slightest knowl- edge of the phrases they use — phrases which are used wildly in the streets, and, if I may say so, ignorantly. May I just say to the Noble Lord that in Denmark this has been a substitute for Protec- tion. The one community in Denmark that would not have pro- tection for its industry was the farming community. They did ask for this, and it has been a substitute for Protection. They asked for agricultural education, co-operation, the cheapening and the development of the facilities for transport, aid in cattle and horse breeding, and the Government aid in technical education. That is what they asked for. It has been a complete triumph throughout the w:hole of that country. Not only that, but the communities which demanded and relied upon Protection have not flourished. They have decayed. The farming community who preferred this method of Free Trade prospered year after year, until they have become the most prosperous little farming community in the world. Denmark to-day, a country without any great industries except agriculture — which is Free Trade — a country without any great mineral resources, and a country which not so very long ago was devastated by war, has become the second country in the world so far as wealth is concerned, owing entirely to its intelligent use of Free Trade assistance for agriculture. And this system — [Inter- ruption.] Now, really, hon. Members might give me an opportunity of just stating my case. They have been criticising very freely, and I do not object, but they must allow me to answer. This is the system which has been the making of Denmark. It has not merely made the country prosperous, but it has increased the people's intelligence and made them a stronger and a more self- reliant race. Look at the Report of the Scottish Commission which went to Denmark. The one thing they dwelt upon was the intelligence and self-reliance which have been promoted as a result of this system THE HOUSING AND LAND PROBLEM 329 which we have embodied in this Bill — this system which, accord- ing to the Noble Lord in the rather melodramatic peroration with which he concluded his speech, is going to destroy the national character of this countiy, and depose us from our pride of place amongst the civilised Powers of the world ! This is the language of wild, extravagant denunciation. Does it really become the No- ble Lord ? He has lost his sense of proportion altogether in exam- ining the Bill. But it is all entirely due to the fact that he is criti- cising without the slightest knowledge of what has been done in other countries. I am perfectly certain, if he had even spent an half-hour in reading reports, which he could have got from the Library, of responsible Commissioners that examined similar sys- tems in other parts of the world, he would never have given to this House the speech that he has given to it to-day. . . . Extract §^ LABOUR VIEW OF THE DEVELOPMENT BILL (Air. G. JV. Barnes, Comtnotis, Sepietnier 6, zgog) Mr. Barnes ^ : . . . I believe that this is the first real attempt that has been made to deal with unemployment on the lines of what might be called organic change. Hitherto, unemployment has been dealt with by the provision of relief works, and I am afraid that many of them have been. costly, uneconomic, and wasteful, while some of them may even be said to have been demoralising. This Bill, however, unlike previous efforts to deal with unemploy- ment, deals with it not only in its effect but its cause. It aims at preventing fluctuations and organising industrial activity in such a way as to prevent those fluctuations taking place. In other words, it does not only propose to deal with sores upon the sur- face, but it proposes to prevent new sores breaking out, and for 1 Parliamentary Debates, Commons, Fifth Series, vol. 10, col. 984. 330 BRITISH SOCIAL POLITICS my part I am glad of that, because I am sick and tired of dealing with unemployed workmen as if they were merely pariahs and outcasts, or dealing with them in a mollycoddling sort of way and giving them grants. I am glad that the time will come when we shall deal with the unemployed workmen with the view of absorb- ing them into the civilised community on terms of equality of citizenship. . . . Extract ^6 EXPLANATION OF THE DEVELOPMENT BILL {Earl Carrington, President of the Board of Agriculture and Fisheries, Lords, October 14, jgog) Earl Carrington ^ : My Lords, in rising to move the second reading of the Development and Road Improvement Funds Bill perhaps I may be permitted to say that this Bill marks another step forward in the land policy of the Government outlined by the late Sir H. Campbell-Bannerman at the Albert Hall in 1906. As regards agricultural landlords, we consider that the present method of levying income tax is not altogether fair to agricul- tural land, imposed as it was by a Chancellor of the Exchequer of the opposite side of politics to ourselves some sixty years ago, and in which there has been no alteration up to the present time ; but in a few days I hope that we may be able to submit to your Lord- ships some proposals for the relief of agricultural landlords, who really have some causes to complain, and also a scheme by which death duties, which are somewhat heavy, may be paid in land as well as in cash. We have done what we could for the farmers of England by the Land Tenure Bill. We have also tried to help by the Small Hold- ings Act the agricultural labourer and the landless man, although we have not been so fortunate in your Lordships' House with the 1 Parliamentary Debates, Liprds, Fifth Series, vol. 3, col, 1225 sqq. THE HOUSING AND LAND PROBLEM 331 Housing Bill, in piloting which, if I may be permitted to say so, my noble friend Lord Beauchamp has appeared to so much ad- vantage. Now the Government are proposing to try to follow the example of other nations by bringing in State assistance to the de- velopment of our great national industry by the Bill now before the House. Some time ago the Chancellor of the Exchequer con- sulted me in regard to the agricultural interest and what he said I may, perhaps, be permitted to repeat in the words that he himself used in the House of Commons. He said there is a certain amount of money — not very much — spent in a spasmodic way in the de- velopment of national industry,, on light railways, on harbours, and indirectly and to a meagre extent for the interest of agriculture, and he said he proposed to gather all these grants into one grant. On the second reading of the Budget my right hon. friend, ac- cording to Hansard, vol. 6, p. 340, used some words which I hope your Lordships will allow me to read, as they are very important. He said, " We are proposing a grant for the purpose of doing that class of work which is now very largely done by the great landowners themselves, and this will come to at least a quarter of a million a year, so that we are relieving the great landowners of at least a quarter of a million a year." This is received, I notice, with a certain amount of amusement by some noble Lords opposite, and perhaps it may seem an extraor- dinary proposal to come from a Chancellor of the Exchequer who is credited with somewhat Radical ideas. He is supposed by some people to go too far and by others not to go far enough. I may remind the House that it has been publicly thrown in my right hon. friend's teeth that he is a solicitor and a Welshman. I venture, my Lords, to think that perhaps these two facts go some long way to explain the practical sympathy which my right hon. friend has al- ways shown towards the agricultural interest. As a solicitor he has had the opportunity of becoming acquainted with the real difficulties with which agriculturists large and small have to contend, and bom and bred among the hard-working farmers of North Wales, he 332 BRITISH SOCIAL POLITICS knows from personal experience the passionate attachment to the soil of those among whom he has lived and the courage and in- dustry which not only Welsh farmers but all farmers display in playing their part in the social and industrial life of the country. Let me now come at once to the Development BUI. It is not a very long Bill and it is not a very complicated one, whilst there is no previous legislation bound up with it. It is composed of twenty clauses and is divided into two parts. The first six clauses relate to development, and the other clauses relate to road improvement. Let me, as briefly as I can, run through our proposals in Part I. The first clause enables the Treasury to make advances by grants or loans to a Government department or through a Government de- partment to public authorities, universities,, colleges, associations, or companies not trading for profit. The objects of the Bill are to aid and encourage agriculture, which is put first, and then the pro- motion of forestry, reclamation and drainage of land, improvement of rural transport — leaving roads to be dealt with in the second part of the Bill — the construction and improvement of inland navigation and harbours, and the development and improvement of fisheries. It will be seen from the second clause that all grants and advances will be made out of a Development Fund which will be fed in three ways — first, by such money as may be voted by Parliament; secondly, by ^500,000 charged on the Consolidated Fund for five years ; and, thirdly, by the interest on and repay- ment of advanced and miscellaneous receipts. This, my Lords, will be paid into the Development Fund instead of being paid back automatically into the Treasury as is generally the case. As regards the Development Fund, I think most of your Lord- ships will agree that the proposal opens a very wide question and that it might become a source of great danger and almost a national danger. If there is one thing which people in public life on both sides of politics insist on, it is the cautious administration of public money. The standard of public life in this country is very high, and it would be a grievous thing if any Bill was brought in on THE HOUSING AND LAND PROBLEM 333 either side of politics which would affect it. That was at once pointed out by two Members of the House of Commons, one on each side, — Mr. Rufus Isaacs on the Liberal side and Lord Robert Cecil on the Conservative side, — and they plainly showed the dan- ger of putting ;^5 00,000 into the absolute control and hands of the Government of the day, whatever that Government might be, as it might end in a scramble for spoils and might be an invitation to almost everybody to press for some share of the grant. I think those of your Lordships — and here are a great many — who have had the pleasure of visiting Australia will remember that the great difficulty in the old days there was — I do not know if it is so now — that Members of Parliament were known as roads and bridges Members, and their seats entirely depended on the public works which they could induce the Ministry of the day to commence and continue in their constituencies. Speaking in the name of the Government, I ought to express our gratitude to Lord Robert Cecil for the statesmanlike way in which he showed this possible danger and for the machinery which he put forward to avoid it. That machinery was at once adopted by the Chancellor of the Exchequer, and is now part and parcel of the Bill. To prevent any possible danger of political pressure we propose that the Treasury should appoint five Commissioners, who must be men of independent mind, great capacity, high standing, and high character. They will be appointed by the Treasury for ten years, and two of them will be paid salaries which in the aggregate will not amount to more than ;^3ooo a year — and which will be paid out of the Development Fund. We hope that that money will be sufficient to insure the Government getting the very best and highest class of men for the positions. Three are to form a quorum. With the consent of the Treasury, of course, they can appoint their officers and servants and give certain salaries that they may think fit. The Treasury will refer every application that may be made by a Government department to these Commissioners ; but if the applicants are any other body, as mentioned in Clause i of the Bill, 334 BRITISH SOCIAL POLITICS the Treasury will at once send the application to the Government department which is concerned to report, and then the Government department will refer the scheme to the Development Commis- sioners. Then, of course, whether the scheme is carried through or not will depend on whether it meets with the sanction or refusal of the Treasury. The Commissioners — and I hope your Lordships will consider this right — will consider and report at once to the Treasury on every application. They may hold inquiries and appoint advisory committees who may report to them, and they can authorise ap- plicants to obtain land compulsorily, and a single arbitrator will decide the compensation and costs to be paid. I need hardly say that no ten per cent will be given for compulsory purchase of land so that there should be no difficulty or grumbling about who the arbitrator should be. The arbitrator will be appointed in England by the Lord Chief Justice, in Scotland by the Lord President of the Court of Session, and in Ireland by the Lord Chief Justice of Ireland. There is an exemption in regard to compulsory acquisi- tion of land in favour of parks, gardens, home farms, and places of historic interest. . . . Extract 57 DEVELOPMENT AND ROAD IMPROVEMENT FUNDS ACT, 1909 (p Edw. 7, ch. 4f, in pari) An Act to promote the Economic Development of the United Kingdom and the Improvement of Roads therein. (3rd December 1909) Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows: ; THE HOUSING AND LAND PROBLEM 335 Part I Development I. Payments (i) The Treasury may, upon the recommendation of the Development Commissioners appointed under this Act, make ad- vances to a Government department, or through a Government department to a public authority, university, college, school, or institution, or an association of persons or company not trading for profit, either by way of grant or by way of loan, or partly in one way and partly in the other, and upon such terms and subject to such conditions as they may think fit, for any of the following purposes : {a) Aiding and developing agriculture and rural industries by promoting scientific research, instruction and experiments in the science, methods and practice of agriculture (in- cluding the provision of farm-institutes), the organisation of co-operation, instruction in marketing produce, and the extension of the provision of small holdings ; and by the adoption of any other means which appear calculated to develop agriculture and rural industries ; {b) Forestry (including (i) the conducting of inquiries, experi- ments, and research for the purpose of promoting forestry and the teaching of methods of afforestation ; (2) the purchase and planting of land found after inquiry to be suitable for afforestation) ; (c) The reclamation and drainage of land ; (//) The general improvement of rural transport (including the making of light railways but not including the construc- tion or improvement of roads) ; (e) The construction and improvement of harbours ; (/) The construction and improvement of inland navigations ; {g) The development and improvement of fisheries ; 33.6 BRITISH SOCIAL POLITICS and for any other purpose calculated to promote the economic development of the United Kingdom. (2) All applications for advances under this Part of this Act shall be made to the Treasury in accordance with regulations made by the Treasury. (3) No advance shall be made for any purpose which might be carried out under the provisions of the Small Holdings and Allot- ments Act, 1908,^ upon any terms or conditions different from those contained in that statute except for some special reason which shall be stated in the annual report of the Development Commissioners. 2. Establishment of Development Fund (i) All advances, whether by way of grant or by way of loan, made under this Part of this Act shall be made out of a fund, called the development fund; into which shall be paid — (a) Such moneys as may from time to time be provided by Parliament for the purposes of this Part of this Act; {!)) The sums issued out of the Consolidated Fund under this section ; and ((t) Any sums received by the Treasury by way of interest on or repayment of any advance made by way of loan under this Part of this Act, and any profits or proceeds derived from the expenditure of any advance which by the terms on which the advance was made are to be paid to the Treasury. (2) There shall be charged on and issued out of the Consoli- dated Fund, or the growing produce thereof, in the year ending the thirty-first day of March nineteen hundred and eleven, and in each of the next succeeding four years, the sum of five hundred thousand pounds. (3) The Treasury may accept any gifts made to them for all or any of the purposes for which advances may be made under this 1 8 Edw. 7, ch. 36. THE HOUSING AND LAND PROBLEM 337 Part of this Act and, subject to the terms of gift, apply them for the purposes of this Part of this Act in accordance with regulations made by the Treasury. (4) The Treasury shall cause an account to be prepared and transmitted to the Comptroller and Auditor-General for examina- tion, on or before the thirtieth day of September in every year, showing the receipts into and issues out of the development fund in the financial year ended on the thirty-first day of March pre- ceding, and the Comptroller and Auditor-General shall certify and report upon the same, and such account and report shall be laid before Parliament by the Treasury on or before the thirty-first day of January in the following year if Parliament be then sitting, and, if not sitting, then within one week after Parliament shall be next assembled. (5) Payments out of and into the development fund, and all other matters relating to the fund and the moneys standing to the credit of the fund, shall be made and regulated in such manner as the Treasury may by minute to be laid before Parliament direct. (6) The Treasury may from time to time invest any moneys standing to the credit of the development fund in any securities in which trustees are by law authorised to invest trust funds. J. Development Commissioners (1) For the purposes of this Part of this Act it shall be lawful for His Majesty by warrant under the sign manual to appoint five ' Commissioners, to be styled the Development Commissioners, of whom one to be appointed by His Majesty shall be chairman. (2) Subject to the provisions of this section, the term of office of a Commissioner shall be ten years. One Commissioner shall retire every second year,^ but a retiring Commissioner may be re- appointed. The order in which the Commissioners first appointed are to retire shall be determined by His Majesty. On a casual 1 Eight, by amendment of 1910. 10 Edw. 7, ch. 7. 2 After the first two years, one Commissioner shall retire every year. Ibid. 338 BRITISH SOCIAL POLITICS vacancy occurring by reason of the death, resignation, or inca- pacity of a Commissioner, or otherwise, the person appointed by His Majesty to fill the vacancy shall continue in office until the Commissioner in whose place he was appointed would have retired, and shall then retire. (3) There shall be paid to not more than two of the Commis- sioners such salaries, not exceeding in the aggregate three thousand pounds in each year, as the Treasury may direct. (4) The Commissioners may act by three ^ of their number and notwithstanding a vacancy in their number, and, subject to the approval of the Treasury, may regulate their own procedure. (5) The Commissioners may, with the consent of the Treasury, appoint and employ such officers and servants for the purposes of this Part of this Act as they think necessary, and may remove any officer or servant so appointed and employed, and there shall be paid to such officers and servants such salaries or remuneration as the Commissioners, with the consent of the Treasury, may determine. (6) The salaries of the Commissioners and the salaries or remuneration of their officers and servants, and any expenses incurred by the Commissioners in the execution of their duties under this Part of this Act, to such amount as may be sanctioned by the Treasury, shall be defrayed out of the development fund. 4. Powers and Duties of Commissioners (i) Every application for an advance under this Part of this Act, whether by way of grant or by way of loan, by any body qualified to receive an advance under this Part of this Act, shall, if the applicant is a Government department, be referred by the Treasury to the Development Commissioners, and, if the appli- cant is any other body or persons, shall be sent by the Treas- ury to the Government department concerned, to be by them referred together with their report thereon to the Development Commissioners. 1 Four. 10 Edw. 7, ch. 7. THE HOUSING AND LAND PROBLEM 339 (2) The Commissioners shall consider and report to the Treas- ury on every application so referred to them, and may for that purpose, if necessary, hold inquiries either by themselves, or by any of their officers, or any other person appointed for the purpose. (3) The Commissioners may also appoint advisory committees, and may submit to any such advisory committee for their advice any application referred to them. (4) The Commissioners may also frame schemes with respect to any of the matters for which advances may be made under this Part of this Act with a view to their adoption by a Government depart- ment or other body or persons to whom an advance may be made. (5) Before making any recommendation for an advance for the purpose of the improvement of rural transport, the Commissioners shall consult with the Road Board. (6) The Commissioners shall make to the Treasury an annual report of their proceedings, and such report shall be laid annually before Parliament by the Treasury. J". Power to acquire Land (1) Where an advance is made under this Part of this Act for any purpose which involves the acquisition of land, the depart- ment, body, or persons to whom the advance is made, may acquire and hold land for the purpose, and, where they are unable to acquire by agreement on reasonable terms any land which they consider necessary, they may apply to the Development Commis- sioners for an order empowering them to acquire the land com- pulsorily in accordance with the provisions of the Schedule to this Act, and the Commissioners shall have power to make such order. (2) No land shall be authorised by an order under this section to be acquired compulsorily which, at the date of the order, forms part of any park, garden, or pleasure ground, or forms part of the home farm attached to and usually occupied with a mansion house, or is otherwise required for the amenity or convenience of any dwelling-house, or which at that date is the property of any local 340 BRITISH SOCIAL POLITICS authority, or has been acquired by any corporation or company for the purposes of a railway, doclc, canal, water, or other public undertaking, or is the site of an ancient monument or other object of archaeological interest. (3) The Commissioners, in making an order for the compulsory purchase of land, shall have regard to the extent of land held or occupied in the locality by any owner or tenant and to the con- venience of other property belonging to or occupied by the same owner or tenant, and shall, so far as practicable, avoid taking an undue or inconvenient quantity of land from any one owner or tenant, and for that purpose where part only of a holding is taken shall take into consideration the size and character of the existing agricultural buildings not proposed to be taken which are used in connexion with the holding and the quantity and nature of the land available for occupation therewith, and shall also so far as practicable avoid displacing any considerable number of agricultural labourers or others employed on or about the land. 6. Definition For the purposes of this Part of this Act the expression " agri- culture and rural industries " includes agriculture, horticulture, dairying, the breeding of horses, cattle, and other live stock and poultry, the cultivation of bees, home and cottage industries, the cultivation and preparation of flax, the cultivation and manufac- ture of tobacco, and any industries immediately connected with and subservient to any of the said matters. Part II Road Improvement 7. Constitution of Road Board (1) For the purposes of improving the facilities for road traffic in the United Kingdom and of the administration of the road im- provement grant provided under any Act passed in the present THE HOUSING AND LAND PROBLEM 341 or any future session of Parliament, there shall be constituted in accordance with regulations made by the Treasury a board, to be called the Road Board, consisting of such number of persons appointed by the Treasury as the Treasury may determine. (2) The Road Board shall be a body corporate with a common seal, with power to hold land without licence in mortmain. (3) The Road Board may pay the chairman or vice-chairman of the Board such salary as the Board, with the consent of the Treasury, may determine. (4) The Road Board may appoint such officers and servants for the purposes of their powers and duties under this Part of this Act as the Board may, with the sanction of the Treasury, deter- mine, and there shall be paid to such officers and servants out of the road improvement grant such salaries or remuneration as the Treasury may determine. 8. Powers of Road Board (1) The Road Board shall have power, with the approval of the Treasury — (a) to make advances to county councils and other highway authorities in respect of the construction of new roads or the improvement of existing roads ; (p) to construct and maintain any new roads ; which appear to the Board to be required for facilitating road traffic. (2) Where advances have been made to highway authorities in respect of the construction of new roads, the Road Board may, where they think it desirable, also contribute towards the cost of maintenance of such new roads. (3) The sums expended by the Road Board out of income on the construction of new roads or the acquisition of land, or in respect of any loan raised for any such purpose, shall not in any year exceed one-third of the estimated receipts of the Road Board for that year. 342 BRITISH SOCIAL POLITICS (4) An advance to a highway authority may be either by way of grant or by way of loan, or partly in one way and partly in the other, and shall be upon such terms and subject to such conditions as the Board think fit. (5) For the purposes of this Part of this Act the expression " improvement of roads " includes the widening of any road, the cutting off the comers of any road where land is required to be purchased for that purpose, the levelling of roads, the treatment of a road for mitigating the nuisance of dust, and the doing of any other work in respect of roads beyond ordinary repairs essential to placing a road in a proper state of repair ; and the expression " roads " includes bridges, viaducts, and subways. g. Roads constructed by Road Board- (i) Every road constructed by the Road Board under the pro- visions of this Part of this Act shall be a public highway, and the enactments relating to highways and bridges shall apply to such roads accordingly, except that every such road shall be maintain- able by and at the cost of the Road Board, and, for the purpose of the maintenance, repair, improvement, and enlargement of or dealing with any such road, the Board shall have the same powers (except the power of levying a rate) and be subject to the same duties as a county council have and are subject to as respects main roads, and may further exercise any powers vested in a county council for the purposes of the maintenance and repair of bridges, and the Road Board shall have the same powers as a county council for the preventing and removing of obstructions : Provided that — {a) Communications between a road or path and a road con- structed by the Road Board shall be made in manner to be approved by the Road Board ; and {V) The Road Board and any highway authority in whose district any part of any such road is situate may con- tract for the undertaking by such authority of the THE HOUSING AND LAND PROBLEM 343 maintenance and repair of the part of such road in their district; and, for the purposes of such under- taking, the highway authority shall have the same powers and be subject to the same duties and liabili- ties as if the road were a road vested in the highway authority. (2) Before the Treasury approve of the construction of a new road by the Road Board, they shall consult with the Local Gov- ernment Board and shall satisfy themselves that notice of the intention to construct the road has been sent by the Road Board to every highway authority in the area of which any part of the proposed road will be situate, and shall consider any objections to the proposed road which they may receive from any such authority. 10, Construction of New Roads by Highway Authorities (i) Where the Road Board make an advance to a highway authority in respect of the construction of a new road, the Board may authorise the authority to construct the road, and where so authorised the highway authority shall have power to construct the road and to do all such acts as may be necessary for the pur- pose, and any expenses of the authority, so far as not defrayed out of the advance, shall be defrayed as expenses incurred by the authority in exercise of their powers as highway authority, and the enactments relating to such expenses, including the provisions as to borrowing, shall apply accordingly. (2) Where the highway authority to whom the advance is made are a county council, the new road, when constructed, shall be a main road and in any other case shall be a highway repairable by the inhabitants at large : Provided that the maintenance of any such road within the administrative county of London shall devolve upon the local authority responsible for the maintenance of streets and roads in whose district the same is situate. 344 BRITISH SOCIAL POLITICS II. Acquisition of Land (i) Where the Treasury have approved a proposal by the Road Board to construct a new road under this Part of this Act the Board may acquire land for the purpose, and may, in addition, acquire land on either side of the proposed road within two hun- dred and twenty yards from the middle of the proposed road. (2) The Road Board may acquire, erect, and furnish such offices and other buildings as they may require, and may acquire land for the purpose. (3) Where a highway authority are authorised to construct a new road under this Part of this Act, or an advance is made to such an authority in respect of the improvement of an existing road, the authority may acquire land for the purpose of ■ such construction or improvement. (4) For the purpose of the purchase of land by agreement under this Part of this Act by the Road Board or a highway authority the Lands Clauses Acts shall be incorporated with this Part of this Act, except the provisions of those Acts with respect to the purchase and taking of land otherwise than by agreement, and section one hundred and seventy-eight of the Public Health Act, 1875, shall apply as if the Road Board and the highway authority were referred to therein. (5) Where the Road Board or any highway authority are unable to acquire by agreement on reasonable terms any land which they consider necessary, they may apply to the Development Commis- sioners for an order empowering them to acquire the land com- pulsorily in accordance with the provisions of the Schedule to this Act, and the Commissioners shall have power to make such an order : Provided that the provisions of Part I of this Act, pro- hibiting the compulsory acquisition of the classes of land men- tioned in subsection (3) ^ of section five of this Act shall apply to the acquisition by the Road Board of land on either side of a road proposed to be constructed by the Board. 1 Subsection (2) is meant. The mistake was corrected by 10 Edw. 7, ch. 7. THE HOUSING AND LAND PROBLEM 345 (6) The Road Board shall have full power, with the approval of the Treasury, to sell, lease, and manage any land acquired by them under this Part of this Act and not required for the new road, and any receipts derived from any such land, so far as they are applied for the purposes of the construction of new roads, shall not be treated as part of the expenditure of the Road Board on new roads for the purpose of the provisions of this Act limiting the amount of expenditure of the Road Board on new roads. 12. Expenses and Receipts of Road Board (i) All expenses of the Road Board under this Part of this Act, including the salary of the chairman or vice-chairman and the salaries and the remuneration of officers and servants, to such amount as may be sanctioned by the Treasury, shall be defrayed out of the road improvement grant. (2) The Treasury shall cause an account to be prepared and transmitted to the Comptroller and Auditor-General for exami- nation, showing the receipts into and issues out of the road im- provement grant in the financial year ending the thirty-first day of March preceding, and the Comptroller and Auditor-General shall certify and report upon the same, and such account and report shall be laid before Parliament by the Treasury. (3) Any sums received by the Road Board under this Part of this Act shall, subject to regulations made by the Treasury, be carried to the account to which the road improvement grant is required to be carried under the Act under which the grant is provided, and shall be treated as part of that grant. J J. Power to borrow (i) The Road Board may, with the approval of and subject to regulations made by the Treasury, borrow on the security of the road improvement grant for the purpose of meeting any expendi- ture which appears to the Treasury to be of such a nature that 346 BRITISH SOCIAL POLITICS it ought to be spread over a term of years, so however that the total amount required for the payment of interest on and the re- payment of money so borrowed shall not exceed in any year the sum of two hundred thousand pounds. (2) If and so far as the road improvement grant is insufficient to meet the amount required for the payment of interest on and the repayment of principal in any year, that amount shall be charged on and payable out of the Consolidated Fund or the growing produce thereof, but any sums so paid out of the Con- solidated Fund shall be made good out of the road improvement grant. 14. Annual Report to Parliament The Road Board shall make to the Treasury an annual report of their proceedings, and such report shall be laid annually before Parliament by the Treasury. [Clauses 15-20, and an accompanying Schedule, deal with ad- ministrative details, definitions, and certain exceptions having force in London, Scotland, and Ireland.] CHAPTER VIII THE LLOYD GEORGE BUDGET [To make proper provision for old age pensions and general elementary education and labour exchanges and town planning and rural development, to say nothing of the new machinery set up by the whole series of social measures enacted since 1505, placed an additional strain upon a treasury already burdened with what seemed to most Englishmen an absolutely necessary, albeit a huge, expenditure for naval construction and maintenance. The Liberal Government, frequently accused of anti-imperialistic leanings and of a " Little England " policy, could not see its way clear to lessen- ing military expenditure, and yet had pronounced in favour of a far-reaching system of national insurance ^ as soon as the requisite funds should be forthcoming. But whence would the requisite funds come ? The tariff reformers among the Unionists, who had been ably led by Mr. Joseph Cham- berlain, had supported an increased militarism and an extended colonialism and had advocated social reform, and had promised to pay for these things by means of the large revenues that would be derived from a high protective tariff. The failure of Mr. Chamber- lain's followers was due in large part to their inability to convince their fellow-Conservatives that a revolution in fiscal affairs would be desirable. And now the Liberal Government were committed to a policy of social transformation even more definitely than Mr. Chamberlain, while at the same time they were far more unitedly and certainly opposed to a protective tariff than Mr. Chamberlain's Conservative opponents had been. The Liberal Government could J Cf. supra, pp. 45 sqq., 199 sgq., and infra, ch. x, 348 BRITISH SOCIAL POLITICS not add to the financial burdens of the state at the price of aban- doning their traditional free-trade principles. Yet they would add to those financial burdens. It was at this point, that Mr. Lloyd George, as Chancellor of the Exchequer, came forward with proposals for a radical application of direct taxation — graduated income tax, super-tax, tax on the unearned increment, and tax on undeveloped property — and for a readjustment of the indirect taxes, such as licensing duties, with a view to equalising the financial burdens among the various classes in the community. The land taxes, intended at once as an attack upon the nobles' monopoly of land and as a means of placing addi- tional funds at the disposal of the government for purposes of social amelioration, would be metaphorically the stone for the killing of two birds at once. It would be the Liberal, Radical, and Labour way out of the dilemma of increasing expenditures and maintain- ing Great Britain's position as a free-trade country. The enemies of Mr. Lloyd George suggested that it was likewise Socialistic. On April 29, 1909,- Mr. Lloyd George delivered his momentous Budget Speech, which, on account of its clear presentment of the principles underlying the new proposals, its concise statement of the major details, and the obvious connection between its finances and subsequent projects for social legislation, is given below, in part, as Extract 58. It took the Press and the public some time to comprehend the details of the new Budget, but it was eulogised by Liberals as " democratic " and as a triumph of free-trade finance, while it was at once attacked by Unionist organs as Socialistic, as " an elec- tioneering prospectus," as taxing the rich for the benefit of the poor, and as tending to diminish and drive away capital and there- fore to create more unemployment than it was likely to relieve. Several special classes assailed it: the financial interests in Lon- don 'were decidedly adverse; the views of the real estate market were very unfavourable ; the landlords were decidedly opposed ; the tobacco trade and the motor industry resented their new burdens ; THE LLOYD GEORGE BUDGET 349 the brewers and distillers were loud in their condemnation ; Irish feeling was hostile to the licensing provisions of the Budget. The general principles of the Budget were debated in the House of Commons, May 3-5 ; but in view of the vast length of the later discussions, it would be unnecessary, were it practicable, to give a full abstract of the proceedings. Some idea of the progress of the debate and of the arguments advanced fro and con may be gathered from the "Annual Register." ^ Mr. Arthur J. Balfour led the Opposition attack with a speech which passed over many features of the Ministerial proposals ; its main points were an objection to the abolition of the old Sinking Fund, a criticism of the property taxes as likely to encourage evasion and the sending of capital abroad, and of the taxation of undeveloped land as likely to injure market gardening, an argument that unearned increment arose with other forms of property besides land, and an emphatic denunciation of the proposed taxation of the liquor trade as vindictive. The Budget proposals, he declared, had given a severe shock to confidence and credit. He was answered by the Postmaster-General, and then Mr. John Redmond, the Irish leader, declared that the Budget was admirable and courageous from the British point of view, but, looking at it from an exclu- sively Irish standpoint, the whisky tax would more than counter- balance the advantage to Ireland of old age pensions, and the tax on tobacco was cruel. What had Ireland to do with Dreadnoughts ? He condemned, amongst other items, the increased stamp duties on land transfers ; but would gladly see issue taken with the Lords on the proposed social reforms which the Nationalists approved. Mr. G. N. Barnes, with some reserves as to details, welcomed the Budget on behalf of the Labour party, and subsequently Mr. Winston Churchill defended the Government programme, declaring inciden- tally that the Opposition were debarred from criticism by their con- stant questions tending to indefinite expenditure on national defence and their attempts to expand the old age pension scheme. The 1 Annual Register, 1909, pp. loi sqq. 3SO BRITISH SOCIAL POLITICS Budget was a vindication of free-trade finance. He was followed by Mr. Pretyman, wlio was answered by the Attorney-General; and, after other speeches, the Chancellor of the Exchequer made an effective and temperate defence of his plans. Mr. Balfour, he said, had left three-fourths of the Budget uncriticised ; Ireland was asked in this Budget for considerably less than her normal con- tribution to taxation, and should remember her share in old age pensions. The Development Grant would benefit landlords by giv- ing light railways, and next year there might be a relief of local rates. German Conservatives and Protectionists favoured a tax on unearned increment, which had existed for years as a local tax in German towns, and the Housing of the Working Classes Com- mission had recommended a tax on undeveloped land near towns. He assured the House that the Government was anxious to do what was right and fair. Mr. Chaplin assailed the Budget as the first step in the Socialist war against property ; Mr. Philip Snowden, an avowed Socialist, declared that he desired to make the rich poorer in order to make the poor richer ; the Budget was the beginning of democratic government ; to take only 20 per cent was " compounding a felony." Mr. Asquith remarked that both parties had taken common ground on old age pensions and the navy scheme. The indirect taxes imposed compared favourably with the taxes on coal, sugar, and tea, and he defended the income tax proposals, noting especially that not a word had been said against the super-tax. The tax on unearned increment, due to social causes, dealt with a normal and progressive increase, would only be paid when the value was realised, and might relieve congestion in such places as Glasgow, where 120,000 people were living in one- room tenements. In regard to estate duties, they would listen with an open mind to criticism of the scale. As to the liquor duties, the brewers would make good any losses at the consumers' expense. Whither was capital to fiy ? Wherever it went it would be con- fronted by a Finance Minister not less necessitous than the Chan- cellor of the Exchequer. The Opposition had shown restiveness THE LLOYD GEORGE BUDGET 351 when asked for their alternative plan, but they might fairly be asked to give some general indication of it. In 1903 there was an alternative adumbrated — taxes on meat, corn, and dairy prod- uce. The Morning Post had just suggested a " better way " — import duties on all foreign articles except rav^ materials. If that was the Opposition proposal, the Government would be happy to meet them. Meantime, they recommended the Budget for accept- ance as providing adequately for prospective as well as present needs, without deviation from free trade. Mr. Austen Chamber- lain replied that silence as to details did not imply approval, that the Budget was cutting down the resources for war. The taxation was not for revenue only, and was not apportioned according to ability to pay. The liquor taxes were clapped on a declining trade. The death duties would eat into the capital available for the develop- ment of the country. He severely criticised the super-tax in its relation to other taxes ; the increased stamp duties on land trans- fers ; the proposal to tax reversions — which were part of the con- sideration for the lease ; the tax on unearned increment — since it was difficult to distinguish between " earned " and " unearned " ; the tax on undeveloped land, as promoting speculative building and destroying recreation grounds ; and in conclusion, wondered why the Government kept up the farce of quarrelling with their Socialist allies. Mr. Masterman wound up for the Government, remarking on the absurdity of identifying Socialism with the views of Mr. Henry George. The debate was closured by 308 to 201. On May 15, 1909, a letter to the Prime Minister was published, signed by leading London financial firms or their representatives, including Messrs. Rothschilds, Barings, Antony Gibbs & Sons, J. S. Morgan & Co., Huth & Co., C. J. Hambro & Sons, Brown, Shipley & Co., Fruehling & Goschen, Lord Avebury, Sir Felix Schuster, Sir Thomas Sutherland, and others. While declaring that they were prepared to bear their full share of increased taxa- tiorj, which they recognised as necessary, they expressed alarm at the increasing disproportion of the burden placed on a small class. 352 BRITISH SOCIAL POLITICS They held that the increase of the death duties (which, they stated, were usually paid out of capital) and of the income tax, coupled with the super-tax, would injure commerce and industry ; that the prosperity of all classes had been greatly due to the indisputable safety for capital forded by Great Britain, and that the taxes in question would discourage private enterprise and thrift, thus event- ually diminishing employment and reducing wages. All these arguments and many more were advanced against the Finance Bill, embodying the provisions of the Budget, during the four days' debate which preceded its second reading in the Com- mons on June 1 1 . An amendment, moved by Mr. Austen Cham- berlain, involving its rejection, was negatived by 366 to 209. Sixty-two Nationalists voted in the minority. Outside Parliament the storm against the Bill had meanwhile been gathering strength. The Earl of Rosebery publicly described^ the Budget as a social and political revolution to be effected with- out the participation of the people ; the country, he added, must begin to see that there were vast flaws in the Constitution. The Times added a charge — often repeated afterwards — that the Budget, coupled with the Town Planning Bill,^ was subjecting Great Britain to bureaucratic rule. But the most influential protest was made by a crowded meeting of business men, held at the Cannon Street Hotel on June 23. It was described by Lord Ave- bury as not political, but financial and economic. On the same day a " Budget League " was formed by the Liberal members of the House of Commons to conduct a vigorous cam- paign in its favour in the constituencies, at a meeting held at the House of Commons. Mr. Haldane presided, Mr. Winston Churchill spoke, and it was made clear that no pressure would be put on any Liberal opponents of parts of the Budget. At the same time, it was clearly pointed out that the House of Lords would probably veto the Finance Bill, and that the question of the Budget would there- fore be inextricably bound up with the question of the Lords' veto. 1 The London Times, June 22, 1909. 2 Cf. supra, ch. vii. THE LLOYD GEORGE BUDGET 353 As one member expressed it, the inevitably approaching election would raise the question of the Lords, the land, and liquor. By midsummer, the true import of the Government's proposals was quite thoroughly understood ; and agitation was prevalent throughout the country. On July 25, a great Budget demonstra- tion took place in Hyde Park, London ; a procession marched thither from the Embankment, and speeches were delivered from twelve platforms. That of the Labour party attracted the largest crowd, and the resolution passed at the other eleven was passed here in a more strongly worded version. Opinions differed as to the significance of the proceedings ; the Conservative Times said that they were " skilfully engineered " ; the Liberal Westminster Gazette that an unusually large proportion of the audience was acutely interested ; according to , some estimates, the numbers reached 250,000. Much had been said of the injury done to build- ing by the Budget ; yet the building trades' federation was spe- cially conspicuous in the Park. Mr. Lloyd George's chief defence of his Budget before a pop- ular audience was made at the Edinburgh Castle, Limehouse, on July 30, before an audience of 4000. The financial interests, he said, had demanded further expenditure on the navy ; but while the workmen in Derbyshire, Cleveland and Dumfries had shown themselves willing to pay, there was a howl from Belgravia. The rich said they objected mainly to paying for old age pensions ; why then had they promised them ? It now appeared they had meant workmen to pay for their own pensions. The Budget was raising money to provide against poverty, unemployment, and sickness ; for widows and orphans, and for the development of our own land. The land taxes, especially, were being attacked with ferocity. But land near the London docks, formerly rented at £2 or ^3 an acre, had sold at ;^6ooo or ;^8ooo an acre. A piece of land at Golder's Green, near Hampstead, had risen in value from ;^i6o to ;^2ioo through the making of the tube railway. The Duke of Northum- berland had asked ;^9oo an acre for a piece of land wanted for 354 BRITISH SOCIAL POLITICS a school and rented at 30s. an acre. A bit of land in Scotland wanted for a torpedo range — and affording "' an opportunity for patriotism " — was rated at ;^i i 2 s. a year and sold to the nation for £11,22^,. After denouncing as "insolence" a comparison made in the debates of the landlord's increment with that of a doctor in a growing town, he gave the case of Mr. Gorringe, whose lease (in Buckingham Palace Road) had been renewed by the Duke of Westminster, the terms being the increase of the ground rent to £\ooa a year, a fine (" a fine, mind you ") of ;£'so,ooo, and the building of huge and costly premises according to plans submitted to the Duke. Such a case " is not business, it is blackmail." He denounced at some length the owners of mining royalties who would not " spare a copper " for the miners' pensions, and declared that landowning was a stewardship ; if landlords ceased to discharge their traditional duties, the conditions of landholding must be reconsid- ered. The landlords said they were anxious for the small holders, but they had condemned their exemption. As one of the children of the people, he had made up his mind in framing the Budget that no cupboard should be bared, no lot should be harder to bear. This speech was reprinted and widely circulated ; but its refer- ence to the " Gorringe case " was severely criticised, and what was referred to as its demagogic tone gave widespread offence. Sir Edward Carson declared in the Times that it marked " the be- ginning of the end of the rights of property"; the Times said that Mr. Lloyd George and Mr. Churchill were trying to form a new party. Mr. Lloyd George's, closing phrases provoked the rejoinder that many " cupboards would be bared " by the reduction of em- ployment on the part of the great landowners, and the Duke of Portland and others laid stress on this point. This, however, served only to bring the landlords into greater disfavour. Lord Lansdowne, the leader of the Conservatives in the Upper House, denounced the Budget in a public speech on August 9 as a hotch-potch of proposals involving a taxation of capital un- precedented in England, and compared- Mr. Lloyd George to the THE LLOYD GEORGE BUDGET 35 5 " robber-gull " which lives by stealing fish from other gulls, and intimated that the House of Lords would refer the Finance Bill to the people. Mr. Winston Churchill, on the other hand, speaking at a Budget League demonstration at Leicester on September 4, made fun of the Dukes' opposition to the Budget and laid stress on the urgency of social reform. On the one side was the gap between rich and poor, the divorce of the people from the land, the lack of discipline and training for the young, boy labour, physical degeneration, the " jumble of an obsolete poor law," the liquor traffic, unemployment, the absence of a minimum standard of life among the workers, and the increase of vulgar, joyless luxury; on the other, the "moral, spiritual, civic, scientific forces " which the Budget would reinforce. The tax-gatherer would now ask, not, what have you got, but how did you get it ? ^ The differentiation in treatment of wealth implied a constant relation between acquired wealth and service previously rendered. Where no service had been done, but rather disservice, the State should make a difference in taxation. He welcomed the struggle as likely to " smash " the Lords' veto. Quite as illuminating as the popular speeches of Mr. Lloyd George, Lord Lansdowne, and Mr. Churchill, was the speech of Lord Rosebery " to business men of Glasgow opposed to many of the principles of the Budget" on September 10. Before de- livering it, he resigned the Presidency of the Liberal League ; and thenceforth was considered definitely to have broken with the Lib- eral party. In his opening sentences Lord Rosebery referred to his independent position and then dwelt on the immediate economic dangers set up by the Budget, which he described as " a revolution without a popular mandate." He concentrated his attack on the land taxes and death duties, arguing that the former might be ex- panded and their principles extended to other form^ of property, but he admitted that he should like to see the State settle "" a new 1 This phrase, Uke Mr. Lloyd George's " baring cupboards," was often quoted during the subsequent electoral campaign by opponents of the Budget. ' 356 BRITISH SOCIAL POLITICS yeomanry " on the land arid give towns power to cope with the re- striction of their growth due to the high price of land. He dwelt on the landlord's prospective burdens, which fell not only on dukes, " a poor but honest class," but on friendly societies and workmen's insurance companies. The death duties now took " great chunks of capital " ; " scores of millions " were lying idle in banks owing to apprehensions of the Ministerial policy ; the Budget was inquisi- torial, tyrannical, and Socialistic. He laid great stress on the exten- sion of taxation on gifts inter vivos, asked what had become of retrenchment, and thought " many heedless persons " would prefer the alternative of tariff reform. He himself declined to offer an alternative, but suggested retrenchment on the Civil Service and on expenditure on Ireland. He hoped the House of Lords would not decide on its action till the Budget was in a final shape ; he thought that Ministers wished it thrown out, because they dared the Lords to do so. But its great danger was Socialism ; any form of Protection was an evil, but Socialism was "the end of all" — the negation of faith, of family, of property, of monarchy, of the Empire. He himself must go a different road — that of public econ- omy, of strengthening character, of preserving confidence — the road by which the English had built up their strength and dominion. Meanwhile, Committee and Report Stages of the Finance Bill had been successfully passed in the House of Commons ; and on November 2, the debate on third reading was opened by another attempt of Mr. Austen Chamberlain to secure its rejection. A large number of interesting and important speeches were delivered on this occasion, the one by Mr. Philip Snowden being given below in Extract jg as a clear exposition on the part of an avowed Socialist of the relations between Socialism and the Budget. At length, on November 5, Mr. Chamberlain's amendment was rejected by 379 votes to 1 49, and the Bill was passed up to the House of Lords. In the House of Lords, the fateful debate began on Novem- ber 23 before a great crowd, including the King of Portugal. The Earl of Crewe, in behalf of the Government, moved the second THE LLOYD GEORGE BUDGET 357 reading without a speech. The Marquess of Lansdowne replied with a resolution, " that this House is not justified in giving its con- sent to this Bill until it has been submitted to the judgment of the country." Throughout the ensuing debate, the opponents of the Finance Bill, who constituted a large majority of the House, divided their attention between attacks upon the financial proposals and apologies for their forthcoming veto of a money bill and its reference to the people, whilst the minority — supporters of the Government — undertook to defend the principles of the Budget and to insinuate that such a veto on the part of the Lords would react eventually against the independence of their own House. From a large number of interesting speeches, delivered at this critical time, several extracts have been selected to illustrate various points of view. The Bishop of Bristol expressed an ecclesiastic's opposition to the Bill {Extract 60) ; Lord Sheffield expressed a Liberal lord's opinion of ecclesiastical opposition {Extract 61). How bitter was the feeling of many Conservatives against Mr. Churchill, and more particularly against Mr. Lloyd George, ap- peared in the speech of Lord Willoughby de Broke {Extract 62). Lord Revelstoke spoke against the Bill as the representative of the financial traditions of the Barings {Extract 63). The Bishop of Birmingham, in remarkable contrast with the Bishop of Bristol, defended the Budget proposals as urgently required for social needs {Extract 64). Lord Ribblesdale, though supporting the Bill, could not refrain from attacking Mr. Lloyd George {Extract df). An ex- treme view of the havoc that might be done to the English Consti- tution by the adoption of the Budget was offered by the Duke of Marlborough {Extract 66). The Earl of Rosebery, always a delight- ful speaker, bewailed the lamentable Budget, but urged the Lords not to precipitate a constitutional conflict with the Commons, and de- clared that he could not vote either way {Extract 6f). The attitude of the Liberal Government toward the Conservative majority in the House of Lords was well stated by Lord Morley of Blackburn on November 29 {Extract 68), and by the Earl of Crewe, in closing 358 BRITISH SOCIAL POLITICS debate the following day {Extract 6g). The Bill was defeated by 350 votes to 75, little excitement being manifested. Three bishops and the Archbishop of York supported the Bill; the Bishop of Lincoln voted against it. The country took the rejection very quietly. But the Ministry was not slow in replying. The day after the rejection of the Bud- get by the Lords, the Commons reassembled, and Mr. Asquith, who was enthusiastically received by the Liberals and the Labour- ites, gave notice that he would move on the morrow a resolution " That the action of the House of Lords in refusing to pass into law the financial provision made by the House for the Service of the year is a breach of the Constitution and a usurpation of the rights of the Commons." The next day, in a House crowded in every part, Mr. Asquith declared that " the House would be un- worthy of its past and of those traditions of which it is the cus- todian and trustee " if it allowed any time to pass without showing that it would not brook this usurpation. In forcible language he dwelt upon the financial disorder created, and laid the whole re- sponsibility on the Peers. He ridiculed the suggestion of a new Budget which the Lords could approve and announced that there would be a dissolution as early as possible, that the new House would assemble at such a time as would make it possible to pro- vide " both retrospectively and prospectively " for the needs of the financial year ; and, should the Government be returned, its first duty would be to reimpose all the taxes and duties of the Finance Bill and to validate all past collections. Meanwhile the duties at the rates sanctioned might be deposited with the proper officials. He then dealt with the constitutional question, insisting that the Constitution was a matter of precedent and declaring that "the power of the purse " which had been used against the usurpation of the Crown would now be used against that of the Lords. He ridiculed the contention that the Bill was not a Finance Bill and declared that the right of the Lords to refer the Commons to the people was " the hoUowest political cant." The real question was THE LLOYD GEORGE BUDGET 359 whether, when the Liberals were in power, the House of Lords should be omnipotent. The Ministry had not provoked the chal- lenge, but welcomed it; they believed that the iirst prindples of representative government were at stake, and would ask the House and the electorate to declare that the organ and voice of the free people of the country was to be found in the elected representatives of the people. Mr. Balfour, replying for the Conservatives, ridiculed the reso- lution as an abstract motion, regretted its misrepresentation of constitutional history, and declared that such action by the Lords must be rare. He defended their right, enlarged on the need of a Second Chamber with substantial powers, and maintained that the Lords had not exceeded their functions. They had done their duty, and done it fearlessly. Mr. A. Henderson, the Labour leader, gave the resolution hearty support on behalf of his party ; and, after other remarks, the reso- lution was carried 349 to 134. The division was taken earlier than members had expected, or the Liberal majority would have been nearer 250. Parliament was prorogued on December 3, 1909, and subse- quently dissolved. And the country was called upon to determine indirectly what should be the fate of the Budget, of the House of Lords, and perhaps of social reform. The National Liberal Federation denounced the Lords' action, and demanded the veto as its necessary sequel ; the Parliamentary Committee of the Trade Union Congress denounced the House of Lords as a menace to political freedom, declared for the Unem- ployed Workmen Bill,- old age pensions at sixty, and the removal of the pauper disqualification, poor law reform on the lines of the Minority Report,^ free education from the primary school to the university. State payment of members and returning officers' ex- penses, the holding of general elections on one day, amendment of the Corrupt Practices Act, adult suffrage, redistribution of seats, 1 Cf. supra, p. 190. 360 BRITISH SOCIAL POLITICS the abolition of plural voting and university representation, and the establishment of an eight hours' day. It urged Trade Union- ists and other wage earners to work for the maintenance of the supremacy of the Commons and the abolition of the House of Lords. The Independent Labour Party, while agreeing in these aims, maintained its detachment from Liberalism. There was little real development in the political situation be- tween the close of the session in December, 1909, and the decision of the electors in the last fortnight of January, igio. The contro- versy centred around the future of the House of Lords, the merits of the Budget, Tariff Reform, and social betterment. Mr. Lloyd George on January i stated that " the root trouble of our social system was the precariousness of living," and foreshadowed in- surance against unemployment. Two. days later, Mr. Asquith de- fended at length what his Government had done on the " outlying territory " of the unemployment problem by old age pensions and labour exchanges, and recommended the Budget as affording a com- plete and effectual alternative to Tariff Reform. The Unionists, on their side, exalted the Empire, the Navy, and Tariff Reform, condemned the Budget and the attacks on the House of Lords, and declared that any loss of power by the Lords might lead to Irish Home Rule. The final results of the elections of January, 1 9 1 o, were : Liber- als, 274; Unionists, 272 (of whom 43 were Liberal Unionists); Labour party, 41 ; Nationalists, 7 1 ; Independent Nationalists, 11. Thus the Liberals could have a majority only by the aid of the Irish Nationalist as well as of the Labour party. The Nationalists, in the main, were hostile to the Budget, but finally agreed to support it in the hope that the Government would fulfil their pledge of abolishing the Lords' veto and so remove the great obstacle to Home Rule. On February 21, the new Parliament was formally opened. After some time spent in discussing the Veto Resolutions,^ consid- eration of the Finance Bill of 1909 was renewed on April 18. The 1 Cf. infra, ch. ix. THE LLOYD GEORGE BUDGET 361 measure was practically unaltered, save a few concessions to Ire- land. The debate naturally traversed very familiar ground, so that its review is hardly necessary. It passed a second reading on April 25 and third reading two days later. The Lords accepted the verdict of the countty as gracefully as possible, and the much-discussed Lloyd George Budget received the royal assent on April 29, 19 10. A few illustrative provisions of this Finance (1909-10) Act, 1 9 1 o, constitute Extract 70. It should be borne in mind, however, that these provisions are qualified by a vast number of exceptions and ex- planations too 'long and too involved to incorporate in this volume.] Extract ^8 THE BUDGET SPEECH OF 1909 {Mr. David Lloyd George, Chancellor of the Exchequer, Commons, April 2g, igog) Mr. Lloyd George ^ • . . . I come to the consideration of the social problems which are urgently pressing for solution — problems affecting the lives of the people. The solution of all these questions involves finance. What the Government have to ask themselves is this : Can the whole subject of further social reform be postponed until the increasing demands made upon the National Exchequer by the growth of armaments has ceased ? Not merely can it be postponed, but ought it to be postponed t Is there the slightest hope that if we deferred consideration of the matter, we are likely within a generation to find any more favourable moment for at- tending to it ? And we have to ask ourselves this further question : If we put off dealing with these social sores, are the evils which arise from them not likely to grow and to fester, until finally the loss which the country sustains will be infinitely greater than 1 Parliamentary Debates, Commons, Fifth Series, vol. 4, col. 472 sqq. 362 BRITISH SOCIAL POLITICS anything it would have to bear in paying the cost of an imme- diate remedy. There are hundreds of thousands of men, women, and children in this country now enduring hardships for which the sternest judge would not hold them responsible ; hardships entirely due to circumstances over which they have not the slightest com- mand ; the fluctuations and changes of trade — even of fashions ; ill-health and the premature breakdown or death of the bread- winner. Owing to events of this kind, all of them beyond human control — at least beyond the control of the victims — thousands, and I am not sure I should be wrong if I said millions, are precipi- tated into a condition of acute distress and poverty. How many people there are of this kind in this wealthy land the figures of old age pensions' have thrown a very unpleasant light upon. Is it fair, is it just, is it humane, is it honourable, is it safe to subject such a multitude of our poor fellow-countrymen and countrywomen to continued endurance of these miseries until nations have learnt enough wisdom not to squander their resources on these huge machines for the destruction of human life ? I have no doubt as to the answer which will be given to that question by a nation as rich in humanity as it is in store. Last year, whilst we were discussing the Old Age Pensions Bill, all parties in this House recognised fully and freely that once we had started on these lines the case for extension was irresistible. The Leader of the Opposition, in what I venture to regard as probably the most notable speeches he has delivered in this Parliament — I refer to his speech on the third reading of the Old Age Pensions Bill and the speech he delivered the other day on the question of unem- ployment — recognised quite boldly that whichever party was in power provision would have to be made in some shape or other for those who are out of work through no fault of their own and those who are incapacitated for work owing to physical causes for which they are not responsible. And there was at least one exten- sion of the Old Age Pensions Act which received the unanimous assent of the House and which the Government were pressed to THE LLOYD GEORGE BUDGET 363 give not merely a Parliamentary but a Statutory pledge to execute. I refer to the proposal to extend the pension to the meritorious pauper. . . . But still, all those who have given any thought and study to this question must realise that the inclusion of the septuagenarian pauper is but a very small part of the problem which awaits solu- tion — a problem of human suffering which does not become any easier of solution by postponement. On the contrary, the longer we defer the task of grappling with it the more tangled and the more desperate it becomes. We are pledged, definitely pledged, by speeches from the Prime Minister given both in the House and outside, to supplementing our old age pensions proposals. . . . What are the dominating causes of poverty amongst the indus- trial classes ? For the moment I do not refer to the poverty which is brought about by a man's own fault. I am only alluding to causes over which he has no control. Old age, premature break- down in health and strength, the death of the breadwinner, and unemployment due either to the decay of industries and season- able demands, or the fluctuations or depressions in trade. The distress caused by any or either of these causes is much more deserving of immediate attention than the case of a healthy and vigorous man of 65 years of age, who is able to pursue his daily vocation, and to earn without undue strain an income which is quite considerable enough to provide him and his wife with a comfortable subsistence. When Bismarck was strengthening the foundations of the new German Empire one of the very first tasks he undertook was the organisation of a scheme which insured the German workmen and their families against the worst evils which ensue from these com- mon accidents of life. And a superb scheme it is. It has saved an incalculable amount of human misery to hundreds of thousands and possibly millions of people who never deserved it. Wherever I went in Germany, north or south, and whomever I met, whether it was an employer or a workman, a Conservative 364 BRITISH SOCIAL POLITICS or a Liberal, a Socialist or a Trade Union leader — men of all ranks, sections and creeds of one accord joined in lauding the bene- fits which have been conferred upon Germany by this beneficent policy. Several wanted extensions, but there was not one who wanted to go back. The employers admitted that at first they did not quite like the new burdens it cast upon them, but they now fully realised the advantages which even they derived from the ex- penditure, for it had raised the standard of the workman through- out Germany. By removing that element of anxiety and worry from their lives it had improved their efficiency. Benefits which in the aggregate amounted to forty millions a year were being dis- tributed under this plan. When I was there the Government were contemplating an enlargement of its operation which would extend its benefits to clerks and to the widows and orphans of the indus- trial population. They anticipated that when complete the total cost of the scheme would be fifty-three millions a year. . . . In this country we have already provided for the aged over seventy. We. have made pretty complete provision for accidents. All we have now left to do in order to put ourselves on a level with Germany — I hope our competition with Germany will not be in armaments alone — is to make some further provision for the sick, for the invalided, for widows and orphans. In a well- thought-out scheme, involving contributions from the classes di- rectiy concerned, the proportion borne by the State need not, in my judgment, be a very heavy one, and is well within the compass of our financial capacity without undue strain upon the resources of the country. The Government are also pledged to deal on a comprehensive scale with the problem of unemployment. The pledges given by the Prime Minister on behalf of the Government are specific and repeated. I do not wish to encourage any false hopes^ Nothing that a Government can do, at any rate with the present organisa- tion of society, can prevent the fluctuations and the changes in trade and industry which produce unemployment. A trade decays, THE ELOYD GEORGE BUDGET 365 and the men who are engaged in it are thrown out of work. We have had an illustration within the last few days, to which Lord Rosebery has so opportunely called our attention, in the privation suffered by the horse cabdriver, owing to the substitution of me- chanical for horse traction. That is only one case out of many constantly happening in every country. Then there are the fluctu- ations of business which at one moment fill a workshop with orders which even overtime cannot cope with, and at another moment leave the same workshops with rusting machinery for lack of some- thing to do. Trade has its currents, and its tides, and its storms, and its calms, like the sea, which seem to be almost just as little under human control, or, at any rate, just as little under the con- trol of the victims of these changes, and to say that you can estab- lish by any system an absolute equilibrium in the trade and concerns of the country is to make a promise which no man of intelligence would ever undertake to honour. You might as well promise to flatten out the Atlantic Ocean. But still, it is poor seamanship that puts out to sea without recognising its restlessness, and the changefulness of the weather, and the perils and suffering thus produced. These perils of trade depression come at regular inter- vals, and every time they arrive they bring with them an enormous amount of distress. It is the business of statesmanship to recog- nise that fact and to address itself with courage and resolution to provide against it. . . . Insurance against Unemployment Any insurance scheme . . . must necessarily require contribu- tions from those engaged in the insured trades both as employers and employed ; but we recognise the necessity of meeting these contributions by a State grant and guarantee. We cannot, of course, attempt to pass the necessary Bill to establish unemploy- ment insurance during the present Session. But the postponement will not involve any real delay, for the establishment of labour ex- changes is a necessary preliminary to the work of insurance, and 366 BRITISH SOCIAL POLITICS this will occupy time which may also be advantageously employed in consulting the various interests upon the details of the scheme and in co-ordinating its financial provisions with the machinery of invalidity and other forms of insurance. Development Scheme So much for the provision which we hope to be able to make for those who, under the changing conditions which are inevitable in trade and commerce, are temporarily thrown out of employment. We do not put this forward as a complete or an adequate remedy for all the evils of unemployment, and we do not contend that when this insurance scheme has been set up and financed the State has thereby done all in its power to help towards solving the problem. After all, it is infinitely better, in the interests both of the community and of the unemployed themselves, that the latter should be engaged on remunerative work, than that they should be drawing an allowance from the most skilfully-contrived system of insurance. This country is small — I suppose it is the smallest great country in the world — but we have by no means exhausted its possibilities for healthy and productive emploj^nent. It is no part of the function of a Government to create work ; but it is an essential part of its business to see that the people are equipped to make the best of their own country, are permitted to make the best of their own country, and, if necessary, are helped to make the best of their own country. [Cheers.] ... A State can and ought to take a longer view and a wider view of its investments than individuals. The resettlement of deserted and impoverished parts of its own territories may not bring to its coffers a direct re- turn which would reimburse it fully for its expenditure ; but the indirect enrichment of its resources more than compensates it for any apparent and immediate loss. The individual can rarely afford to wait, a State can ; the individual must judge of the success of his enterprise by the testimony given for it by his bank book ; a State keeps many ledgers, not all in ink, and when we wish to THE LLOYD GEORGE BUDGET 367 judge of the advantage derived by a country from a costly experi- ment we must examine all those books before we venture to pro- nounce judgment. . . . Afforestation This brings me straight to the question of afforestation. There is a very general agreement that some steps should be taken in the' direction, I will not say of afforesting, but of reafforesting the waste lands of this country. Here, again, we are far behind every other civilised country in the world. I have figures here on this point which are very interesting. In Germany, for instance, out of a total area of 133,000,000 acres, 34,000,000, or nearly 26 per cent, are wooded; in France, out of 130,000,000 acres, 17 per cent ; even in a small and densely-populated country such as Belgium 1,260,000 acres are wooded, or 17 per cent, out of a total area of 7,280,000 acres. Again, in the Netherlands and Denmark, out of total areas of 8,000,000 and 9,500,000 acres respectively, over 600,000 acres, or between 7 and 8 per cent, are wooded. In the United Kingdom, on the other hand, out of 77,000,000 acres, only 3,000,000, or 4 per cent, are under wood. ' Sir Herbert Maxwell, who has made a study of this question for a good many years, and whose moderation of statement is beyond challenge, estimates that, in 1906, ";^8,ooo,ooo were paid annually in salaries for the administration, formation and preservation of German Forests, representing the maintenance of about 200,000 families or about 1,000,000 souls," and that, "in working up the raw material yielded by the forests, wages were earned annually to the amount of ;^3o,ooo,ooo sterling, maintaining about 600,000 families, or 3,000,000 souls." Anyone who will take the trouble to search out the Census Returns will find out that the number of people directly employed in forest work in this country is only 16,000. And yet the soil and the climate of this countiy are just as well adapted for the growth of marketable trees as that of the States of Germany. . . . 368 BRITISH SOCIAL POLITICS Encouragement of Agriculture . . . We are not getting out of the land anything like what it is capable of endowing us with. Of the enormous quantity of agricul- tural and dairy produce and fruit, and of the timber which is im- ported into this country, a considerable portion could be raised on our own lands. There hon. Members opposite and ourselves will agree. The only difference is as to the remedy. , In our opinion, the remedy which they suggest would make food costlier and more inaccessible for the people ; the remedies which we propose, on the other hand, would make food more abundant, better, and cheaper. What is it we propose .'' — and, let the Committee observe, I am only dealing with that part of the problem which affects finance. National Development Grant I will tell the House therefore, briefly, what I propose doing in regard to this and all kindred matters I have dwelt upon. There is a certain amount of money ^^ not very much — spent in this country in a spasmodic kind of way on what I call the work of national development — in light railways, in harbours, in indirect but very meagre assistance to agriculture. I propose to gather all these grants together into one Development Grant, and to put in this year an additional sum of ;^2 00,000. Legislation will have to be introduced, and I will then explain the methods of administra- tion and the objects in greater detail, but the grant will be utilised in the promoting of schemes which have for their purpose the development of the resources of the country. It will include such objects as the institution of schools of forestry, the purchase and preparation of land for afforestation, the setting up of a number of experimental forests on a large scale, expenditure upon scientific research in the interests of agriculture, experimental farms, the im- provement of stock — as to which there have been a great many demands from people engaged in agriculture, the equipment of THE LLOYD GEORGE BUDGET 369 agencies for disseminating agricultural instruction, the encourage- ment and promotion of co-operation, the improvement of rural transport so as to make markets more accessible, the facilitation of all well-considered schemes and measures for attracting labour back to the land by small holdings or reclamation of wastes. Every acre of land brought into cultivation, every acre of cultivated land brought into a higher state of cultivation, means more labour of a healthy and productive character. It means more abundant food — cheaper and better food for the people. . . . Principles of Taxation Now what are the principles upon which I intend to proceed in getting . . . taxes ? The first principal on which I base my finan- cial proposals is this — that taxation which I suggest should be im- posed, while yielding in the present year not more than sufficient to meet this year's requirements, should be of such a character that it will produce enough revenue in the second year to cover the whole of our estimated liabilities for that year. And, more- over, that it will be of such an expansive character as to grow with the growing demand of the social programme which I have sketched without involving the necessity for imposing fresh taxa- tion in addition to what I am asking Parliament to sanction at the present time. The second principle on which I base my proposals is that the taxes should be of such a character as not to inflict any injury on that trade or commerce which constitutes the sources of our wealth. My third principle is this, that all classes of the community in this financial emergency ought to be called upon to contribute. I have never been able to accept the theory which I have seen advanced that you ought to draw a hard-and-fast line at definite incomes and say that no person under a certain figure should be expected to contribute a penny towards the burden of the good government of the country. In my judgment all should be called 370 BRITISH SOCIAL POLITICS upon to bear their share. No voluntary association, religious or philanthropic or provident, has ever been run on the principle of exempting any section of its membership from subscription. They all contribute, even ' to the widow's mite. It is considered not merely the duty, but the privilege and pride of all to share in the common burden, and the sacrifice is as widely distributed as is the responsibility and the profit. At the same time, when you come to consider whether the bulk of the taxation is to be raised by direct or indirect means, I must point out at this stage — I shall have a little more to say on this subject later on — that the indus- trial classes, in my judgment, upon a close examination of their contributions to local and Imperial finance, are paying more in proportion to their incomes than those who are better off. Their proportion to local finances especially is heavier, because, although nominally the rates are not paid by them, as everyone knows, they are really. For that reason the burden at the present moment of new taxation bears much more heavily in proportion to their income on that class than it does upon the wealthier and better-to-do classes. New Taxation — Motor Cars I now come — and I trust that the Committee will not think that I have delayed too long — to the most interesting and the most difficult part of my task, the explanation of the various pro- posals for fresh taxation which I have to lay before them. I think it will be to the convenience of the Committee if I deal first with motor cars. . . . I propose to substitute ... a new and increased scale, with graduations, which will come into force next January for the whole of the United Kingdom, and I have decided to base the scale on the power of the cars and not on the weight. The horse-power will be determined in accordance with regulations made by the Treasury, and in the case of petrol cars with reference to the bore of the cylinders. . . . THE LLOYD GEORGE BUDGET 371 It will be seen that the tax rises rapidly when we get to cars over 40 horse-power — a provision with which I think the Com- mittee will not quarrel. Doctors' cars I propose to charge at one- half these rates. Motor cycles I would charge at the uniform rate of ;^I. . . . One of the chief reasons for imposing additional taxation on motor cars is the fact that the increase in their numbers necessi- tates a reorganisation of our main-road system, and it will be obvious that, were I to confine taxation to a mere re-adjustment of the scale of licence duties, the burden would be imposed with absolutely no relation to the extent that the^fcar might use the roads. Some cars are out four or five hours a day all the year round, others are used but rarely, and I believe that, were I to obtain anything like adequate contribution from motor cars entirely by direct taxation, I might hinder to some extent the development of the motor industry by discouraging persons from keeping a motor, or an additional motor, should they only want it for occa- sional use. I, therefore, propose to put a tax of 3d. per gallon on aU petrol used for motor vehicles. . . . Direct Taxation Now I come to my direct taxation. It must be obvious that in meeting a large deficit of this kind I should be exceedingly unwise if I were to trust to speculative or fancy taxes. I therefore pro- pose, first of all, to raise more money out of the income tax and estate duties. Income tax in this country only begins when the margin of necessity has been crossed and the domain of comfort and even of gentility has been reached. A man who enjoys an income of over £■>, a week need not stint himself or his family of reasonable food or of clothes and shelter. There may be an excep- tion in the case of a man with a family, whose gentility is part of his stock in trade or the uniform of his craft. Then, I agree, often things go hard. 372 BRITISH SOCIAL POLITICS Then when you come to estate duties, what a man bequeaths, after all, represents what is left after he has provided for all his own wants in life. Beyond a certain figure it also represents all that is essential to keep his family in the necessaries of life. The figure which the experience of seventy years has sanctified as being that which divides sufficiency from gentility is ^150 to ;^i6o a year. A capital sum that would, if invested in safe securities, provide anything over that sum ought to be placed in a different category from any sum which is below that figure. There is one observation which is common to income tax and the death duties, more especially with the higher scales. What is it that has enabled the fortunate possessors of these incomes and these fortunes to amass the wealth they enjoy or bequeath ? The security insured for property by the agency of the State, the guar- anteed immunity from the risks and destruction of war, insured by our /natural advantages and our defensive forces. This is an essential elerhent even now in the credit of the country ; and, in the past, it means that we were accumulating great wealth in this land, when the industrial enterprises of less fortunately situated countries were not merely at a standstill, but their resources were being ravaged and destroyed by the havoc of war. What, more, is accountable for this growth of wealth ? The spread of intelli- gence amongst .the masses of the people, the improvements in sanitation and in the general condition of the people. These have all contributed towards the efficiency of the people, even as wealth- producing machines. Take, for instance, such legislation as the Education Acts and the Public Health Acts ; they have cost much money, but they have made infinitely more. That is true of all legislation which improves the conditions of life of the people. An educated, well-fed, well-clothed, well-housed people invariably leads to the growth of a numerous well-to-do class. If property were to grudge a substantial contribution towards proposals which insure the security which is one of the essential conditions of its existence, or towards keeping from poverty and privation the old people THE LLOYD GEORGE BUDGET 373 whose lives of industry and toil have either created that wealth or made it productive, then property would be not only shabby but short-sighted. Income Tax . . . Notwithstanding the relief given by the Finance Act of 1907, the burden of the income tax upon earnings is still disproportion- ately heavy. While, therefore, I propose to raise the general rate at which the tax is calculated, I propose that the rates upon earned income in the case of persons whose total income does not exceed ;^3ooo should remain as at present, namely, gd. in the pound up to ;^2ooo, and is. in the pound between ;^2ooo and ^3000. In respect of all other incomes now liable to the is. rate I propose to raise the rate from is. to is. 2d. Abatement on Children In the case of incomes not exceeding ;£^soo, the pressure of the tax, notwithstanding the abatements at present allowed, is sorely felt by taxpayers who have growing families to support, and al- though a comparatively trifling additional burthen will be imposed upon them by the increased rate, since the aggregate income of this class is to the extent of at least four-fifths exclusively earned income, I think that even upon the present basis they have a strong claim to further relief. . . . And I propose that for all incomes under ;£^s°°> ^ addition to the existing abatements, there shall be allowed from the income in respect of which the tax is paid a special abatement of ;^io for every child under the age of 16 years. . . . Income (super) tax The imposition of a super-tax, however, upon large incomes on the lines suggested by the Select Committee of 1906 is a practi- cable proposition, and it is upon this basis that I intend to proceed. 374 BRITISH SOCIAL POLITICS Such a super-tax might take the form of ... a uniform tax not upon the total income, but upon the amount only by which the income exceeded a certain fixed amount which would naturally, but need not necessarily, be the amount of the minimum income which attracts the tax. We might begin, say, at ;£'3ooo, and levy the new tax upon all income in excess of ;^3ooo, or at ^5000, and levy the tax upon income in excess of ;^5ooo. In the former case some 25,000 assessments would be required, in the latter only 10,000' — from the point of view of administration a very strong argument in favour of the adoption of the higher figure, at any rate in the first instance. . . . Therefore I propose to limit the tax to incomes exceeding ;f5ooo, and to levy it upon the amount by which such incomes exceed ;£^3ooo, and at the rate of 6d. in the pound upon the amount of such excess. An income of ;^5ooi will thus pay in super-tax 6d. in the pound on ;^2ooi. . . . Assessments to the new tax will be based upon the Returns of total income from all sources, which will be required from persons assessable. The machinery will be, in the main, independent of the machinery of the existing income tax, but the assessments will be made by the special Commissioners appointed under the Income Tax Acts, and assessable income will be determined according to the rules laid down in the income tax schedules. . . . My last proposal relating to the income tax is the restriction of the exemptions and abatements to persons resident in the United Kingdom. . . . Death Duties The proposals I have to make with regard to the death duties are of a very simple character. The great reconstruction of these duties in 1894, which will always be associated with the name of Sir William Harcourt, has given us a scheme of taxation which is at once logical and self-consistent as a system, and a revenue- producing machine of very high efficiency. Apart, therefore, from one or two minor changes in the law, which experience has shown THE LLOYD GEORGE BUDGET 375 to be desirable, I intend to confine my attention to adjusting the rates with a view to increasing the yield without altering the basis on which the duties are levied. . . . Stamp Duties Under the head of stamp duties I propose to increase the duty upon conveyances on sale from los. to 20s. per cent, an exemption from the increased rate being made in favour of conveyances of stock or marketable securities which, by reason of the greater fre- quency with which they change hands, in comparison with other kinds of property, bear a disproportionate burthen under the present uniform scale. The greater part of the additional revenue under this head will be derived from transfers of real property. . . . Licences [A new, and, on the whole, higher, scale of licencing duties advocated.] Taxation of Land . . . The first conviction that is borne in upon the Chancellor of the Exchequer who examines land as a subject for taxation is this : that in order to do justice he must draw a broad distinction between land whose value is purely agricultural in its character and composition, and land which has a special value attached to it, owing either to the fact of its covering marketable mineral deposits or be- cause of its proximity to any concentration of people. Agricultural land has not, during the past twenty or thirty years, appreciated in value in this country. In some parts it has probably gone down. I know parts of the country where the value has gone up. But there has been an enormous increase in the value of urban land and of mineral property. And a still more important and relevant consideration in examining the respective merits of these two or three classes of claimants to taxation is this : the growth in the yalue, more especially of urban sites, is due to no expenditure of 376 BRITISH SOCIAL POLITICS capital or thought on the part of the ground owner, but entirely owing to the energy and the enterprise of the community. . . . Still worse, the urban landowner is freed in practice from the ordinary social obligations which are acknowledged by every agricultural landowner towards those whose labour makes their wealth. . . . The rural landowner has the obligation to provide buildings and keep them in repair. The urban landowner, as a rule, has neither of these two obligations. There is that essential difference between the two. The urban landlord and the mineral royalty owner are invariably rack-renters. They extort the highest and the heaviest ground rent or royalty they can obtain on the sternest commercial principles. They are never restrained by that sense of personal relationship with their tenants which exercises such a beneficent and moderating influence upon the very same landlord in his dealings with his agricultural tenants. And the dis- tinction is not confined merely to the rent. Take the conditions of the tenancy. I am not here to defend many of the terms which are included in many an agricultural agreement for tenancy. I think many of them are oppressive, irritating, and stupid. But compared with the conditions imposed upon either a colliery owner or upon a town lessee they are the very climax of generosity. Take this case — and it is not by any means irrelevant to the proposals which I shall have to submit to the Committee later on. What agricultural landlord in this country would ever think of letting his farm for a term of years on condition, first of all, that the tenant should pay the most extortionate rent that he could possibly secure in the market, three, or four, or even five times the real value of the soil ; that the tenant should then be compelled to build a house of a certain size and at a certain cost, and in a certain way, and that at the end of the term he, or rather his representatives, should hand that house over in good tenantable repair free from encum- brances to the representatives of the ground owner who has not spent a penny upon constructing it, and who has received during the whole term of lease the highest rent which he could possibly THE LLOYD GEORGE BUDGET 377 screw in respect of the site ? Why, there is not a landlord in Great Britain who would ever dream of imposing such outrageous con- ditions upon his tenant. And yet these are the conditions which are imposed .every day in respect of urban sites ; imposed upon tradesmen who have no choice in the matter ; imposed upon pro- fessional men and business men who have got to live somewhere within reasonable distance of their offices ; imposed even on work- men building a house for themselves, paying for it by monthly instalments out of their wages for thirty years purely in order to be within reasonable distance of the factory or mine or workshop at which they are earning a living. . . . My present proposals are proposals both for taxation and for valuation. Although very moderate in character, they will produce an appreciable revenue in the present year and more in future years. The proposals are three in number. Unearned Increment First, it is proposed to levy a tax on the increment of value accruing to land from the enterprise of the community or the landowner's neighbours. . . . The valuations upon the difference between which the tax will be chargeable will be valuations of the land itself — apart from buildings and other improvements — and of this difference, the strictly unearned increment, we propose to take one-fifth, or 20 per cent, for the State. . . . Duty on Undeveloped Land The second proposal relating to land is the imposition of a tax on the capital value of all land which is not used to the best advantage. The owner of valuable land which is required or likely in the near future to be required for building purposes, who con- tents himself with an income therefrom wholly incommensurate with the capital value of the land in the hope of recouping himself ultimately in the shape of an increased price, is in a similar position to the investor in securities who re-invests the greater part of his 378 BRITISH SOCIAL POLITICS dividends ; but while the latter is required to pay income tax both upon the portion of the dividends enjoyed and also upon the portion re-invested, the former escapes taxation upon his accumulating capi- tal altogether, and this, although the latter by his self-denial is increas- ing the wealth of the community, while the former, by withholding from the market land which is required for housing or industry, is creating a speculative inflation of values which is socially mischievous. We propose to redress this anomaly by charging an annual duty of Jd. in the pound on the capital value of undeveloped land. The same principle applies to ungotten minerals, which we propose similarly to tax at ^d. in the pound, calculated upon the price which the mining rights might be expected to realise if sold in open market at the date of valuation. The tax on undeveloped land will be charged upon unbuilt-on land only, and ... all land having a purely agricultural value will be exempt. Further exemptions will be made in favour of gardens and pleasure grounds not exceeding an acre in extent, and parks, gardens, and open spaces which are open to the public as of right, or to which reasonable access is granted to the public, where that access is recognised by the Commissioners of Inland Revenue as contributing to the amenity of the locality. Where undeveloped land forms part of a settled estate, provision will be made to enable a limited owner who has not the full enjoyment of the land to charge the duty upon the corpus of the property. The valuation upon which the tax will be charged will be the value of land as a cleared site. . . . Reversion Duty My third proposal under the head of land is a lo per cent reversion duty upon any benefit accruing to a lessor from the determination of a lease, the value of the benefit to be taken to be the amount (if any) by which the total value of the land at the time the lease falls in exceeds the value of the consideration for the grant of the lease, due regard being had, however, for the case of the reversioner whose interest is less than a freehold, . . , THE LLOYD GEORGE BUDGET 379 Valuation of Real Property These proposals necessarily involve a complete reconstruction of the method of valuing property. The existing taxes upon real property are levied upon the annual value of such property as a whole without distinguishing between the value which resides in the land itself and that which has been added to it by the enterprise of the owner in erecting buildings or effecting other improvements. . . . Indirect Taxation I am not going at this late hour to enter into any discussion of the principles which ought to guide a Finance Minister in the imposition of indirect taxation. But one thing I am sure will be accepted by every Member of this House, and that is that we ought at any rate to avoid taxes on the necessaries of life. I re- ferred some time ago, in the course of a discussion in this House, to the old age pension officers' reports. There was one thing in those reports which S'truck me very forcibly, and that was that they all reported that the poorer the people they had to deal with, the more was their food confined to bread and tea, and of the price of that tea, which of course was of .the poores't quality, half goes to the tax gatherer. That is always the worst of indirect taxa- tion on the people. The poorer they are the more heavily the tax falls upon them. Tea and sugar are necessaries of life, and I think that the rich man who would wish to spare his own pocket at the expense of the bare pockets of the poor is a very shabby rich man indeed, and therefore I am sure that I carry with me the assent of even the classes upon whom I am putting very heavy burdens, that when we come to indirect taxes, at any rate those two essen- tials of life ought to be exempt. There are three other possible sources — beer, spirits, and to- bacco. . . . [No increase on beer, but an estimated amount of ;^i,6oo,ooo to be raised by increased taxes on spirits.] . . , 38o BRITISH SOCIAL POLITICS Increase of Tobacco Duty I have still nearly two millions more to find, and for this I must turn to tobacco — from a fiscal point of view, a much healthier source of revenue. The present rate of duty on unmanufactured tobacco containing lo per cent or more of moisture is 3 s. a pound, with equivalent additions to the rates for cigars, cigarettes, and manufactured tobacco. . . . Conclusion I have to thank the House for the very great indulgence which they -have extended to me and for the patience with which they have listened to me. My task has been an extraordinarily difficult one. It has been as disagreeable a task as could well have been allotted to any Minister of the Crown. But there is one element of- supreme satisfaction in it. That is to be found in contemplating the objects for which these new imposts have been created. The money thus raised is to be expended first of all in insuring the inviolability of our shores. It has also been raised in order not merely to relieve but to prevent unmerited distress within those shores. It is essential- that we should make every necessary pro- vision for the defence of our country. But surely it is equally imperative that we should make it a country even better worth de- fending for all and by all. And it is the fact that this expenditure is for both those purposes that alone could justify the Government. I am told that no Chancellor of the Exchequer has ever been called on to impose such heavy taxes in a time of peace. This, Mr. Em- mott, is a War Budget. It is for raising money to wage implacable warfare against poverty and squalidness. I cannot help hoping and believing that before this generation has passed away we shall have advanced a great step towards that good time when poverty and wretchedness and human degradation which always follow in its camp will be as remote to the people of this country as the wolves which once infested its forests, THE LLOYD GEORGE BUDGET 38^ Extract 5^ A SOCIALIST'S VIEW OF THE BUDGET (Mr. Philip Snowden, Commons, November 2, fQog) Mr. Snowden ^ : . . . I have followed, as far as I have been able, the speeches and arguments advanced in the country in oppo- sition to these proposals, and, so far as I can judge, there have been not many objections but only one objection to this Bill, and that one has been that the Bill is Socialism, or, in the words of Lord Rosebery, it " is the end of all things — religion, property, and family life." . . . Now, I shall confine my remarks to dealing with the objection that this Budget Bill is Socialism. I may begin by attempting to define what we, who profess to be Socialists, mean by Socialism. The Attorney-General was right in saying that So- cialism means State action, but that is not exactly the definition of Socialism which was given by the right hon. Gentleman the Leader of the Opposition at Birmingham about twelve months ago. If I may be permitted I will read the right hon. Gentleman's words, because they admirably serve my purpose. The Leader of the Opposition — speaking, I believe, at the opening of that curious anachronism, a Tory labour club, about twelve months ago, a club which I believe has since found its way into the Bankruptcy Court — gave this as his definition of Socialism : It seems to me there is no difficulty or ambiguity about the subject at all. Socialism has one meaning, and one meaning only. Socialism means, and can mean nothing else, that the community or the State is to take all the means of production into its own hands, that private enterprise and private property are to come to an end, and all that private enterprise and private property carry with them. That is Socialism, and nothing else is Socialism. Social reform — and I ask here the attention of the House to the distinction which the right hon. Gentleman attempted to draw between Socialism 1 Parliamentary Debates, Commons, Fifth Series, vol. 12, col 1681 sqq. 382 BRITISH SOCIAL POLITICS and Social Reform — I shall, later on, endeavour to show that there is really no distinction where the right hon. Gentleman at- tempts to establish it. The right hon. Gentleman goes on to draw a distinction between Socialism and Social Reform, and he says : Social reform is when the State, based upon private enterprise, recog- nising that the best productive results can only be obtained by respect of private property and encouraging private enterprise, asks them to con- tribute towards great national, social, and public objects. That is social reform. I accepted the statement made by the Attorney-General that Socialism is State action. But it is something more than that. It is State ownership of the means of producing and distributing wealth. There may be State action which is not connected with the ownership, control, and management of industry. We as Social- ists recognise that. We recognise, too, the existence of conditions which everybody deplores, and we recognise further that the cause of those conditions is to be found in the monopoly of the means of production and distribution — at any rate in the monopoly of land and capital. Our purpose is to substitute for private owner- ship of land and capital public ownership and control of both. But that is not a thing which can be accomplished at once. We realise that. Meanwhile we are anxious to do something towards bringing it about. The right hon. Gentleman defines Socialism as the State ownership of the means of producing and distributing wealth. May I say I do not accept that ? The definition by Socialists of Socialism is not the State ownership of land and capital. That is only a con- dition of Socialism or a means of Socialism. Socialism means that all socially created wealth shall be owned by the community, and that its distribution shall be directed by the community for the good of the community. The national ownership of land and capital is a necessary condition to attaining a state of things like that. We recognise that we cannot reach our goal under the present system and at once, and we are anxious, therefore, in the meantime, to divert as much as we can, and as rapidly as we can, socially created THE LLOYD GEORGE BUDGET 383 wealth for the purpose of dealing with industrial and social evils which are the result of the private ownership of land and capital. Therefore, although the taxation of socially created wealth may not be Socialism in itself, it is a step towards Socialism, and therefore, in so far as this Budget taxes socially created wealth for social pur- poses, it is Socialistic. But it is not Socialism. Now I come to the point whether there is anything" new or novel in the proposals of this Budget. The Attorney-General, no doubt, described certain proposals as being novel, but I have not been able to discover any novelty whatever in any one of the proposals of the Finance Bill. To my mind there is nothing new in it. It is too late in the day to begin to talk about the beginning of So- cialism ; as a matter of fact we are well on the road to Socialism, and all the legislation of the nineteenth century has been nothing more or less than an effort on the part of this House to deal with the evils resulting from the private ownership lof land and capital. Throughout the whole of the nineteenth century we have been moving in our legislation towards Socialism — first of all by con- stantly increasing legal restrictions in the free and individual use of land and capital. Our public health legislation is an illustration of that. If you require further illustration there is the Factory legislation. There is no difference whatever in the economic effect upon private, monopoly of the Workmen's Compensation Act and the factory legislation and public health legislation, and the direct taxation upon the profits on monopoly which has been acted upon by all parties in the State. The second way in which we are moving towards Socialism has been the gradual supplementing of private voluntary charities by public organisations for dealing with the poorest parts of our popu- lation. That is accepted by the party opposite and, indeed, by every party in the House, and the Old Age Pensions Act is an illustration of that. Then we have been trying to raise the condition of the . poorest part of the population by such measures as the Education Act. What makes a measure of that kind all the more Socialistic 384 BRITISH SOCIAL POLITICS is that to a very great extent it is provided for by taxation on socially created wealth. The third way in which we have moved towards Socialism is on the lines of the proposals of this Bill by constantly increasing the taxation on rent, interest, and profits for the purpose of dealing with the results of the private ownership of land. Your Income Tax is an illustration of that. The fourth way, and the most Socialistic of all, is the gradual supplanting of private enterprise and private institutions by pub- lic initiative and public organisations. You have that illustrated in our magnificent and highly successful municipal and State undertakings. Now, one of the four ways in which we have been moving towards Socialism is by increasing taxation upon rent, interest, and profits, which are recognised even by the right hon. Gentleman himself as being Sopialistically created. Is there anything novel in any one of these things ? What are Land Taxes ? Land taxation simply proposes to tax socially created wealth for social purposes. That is nothing new. It is one of the difficulties of attempting to apply a principle partially. If you attempt so to apply a principle, you are certain to create an apparent injustice. I have a certain amount of sympathy with those who urge that it is not fair to dis- criminate between social increment on land and social increment in other forms. That is an objection which cannot be urged against Socialism. It can be urged only against hon. Gentlemen opposite who do draw a distinct line about land and capital. We do not make any such distinction, and it must be recognised that we are not in a position to put our ideas in a Finance Bill. We have to take what we can get, but if we had the power of saying in what way the revenue of the country is to be raised, I am quite certain no Socialist Chancellor of the Exchequer would distinguish between social increment of land and social increment in regard to the taxes which would ordinarily fall upon the community. THE LLOYD GEORGE BUDGET 385 We support the land taxation proposals, not because we think they do everything or go far enough — we support them because they are as much as we can get at present, but when a Chancellor of the Exchequer comes forward to propose and apply taxation of unearned increment to any other form of property, he will find that we shall be quite as hearty in our support as we are in the sup- port which we have given to the Land Taxes in the Budget. In regard to the Income Tax proposals, I remember the right hon. Gentleman himself in Committee when we began to discuss the Income Tax part of the Bill expressed his relief that at, last we were coming to legitimate finance. What is Income Tax .' It is the taxation of socially created wealth, and the fact that the Gov- ernment are imposing in this Finance BiU a Super-tax is nothing new. It is only a further graduation of the Income Tax. The graduation below ;£'7oo was, of course, adopted in order very roughly to make a man contribute more because of his greater capacity, and the Super-tax is nothing more than an extension of this principle. . . . There is nothing new or novel in the proposals of this Bill. The Income Tax is not novel, the Land Taxes are not novel, the Estate Duties are certainly not novel. It is Socialistic in part, but it is not Socialistic in other parts. I have already referred to the Tobacco Duty. That is not Socialistic because the Tobacco Tax is indirect taxation, it is not taxation on social wealth, and it is taking from a very needy class of the community a great deal more than they can afford to pay. We do not expect to have, of course, a measure which is con- sistently Socialistic from men who are not Socialists. For a long time to come we expect that the legislation which will be intro- duced even by a Goverrmient anxious to promote reform will be of an inconsistent character. It will be Socialistic partly and anti- Socialistic in its other parts. This Budget is neither complete So- cialism nor is it revolution. Why, it is such a slight movement of 386 BRITISH SOCIAL POLITICS the wheel as to be hardly perceptible, and I will tell hon. Mem- bers above the gangway what it is : It is a preventive of revolu- tion. What the right hon. Gentleman calls social reform is only a preventive of revolution. Do hon. Members above the gangway think that such a state of things as exists in this country to-day can be indefinitely prolonged ? We have had forty years of ele- mentary education. The masses of the people have been taught to read. Reading has made them think, has made them feel more acutely. They are not going to be content forever to be hewers of wood and drawers of water. The unemployed are not going to continue to walk the streets of our great cities and see their de- spair and poverty mocked by the evidences before their eyes of ostentatious wealth. Something is going to be done by this Par- liament to remove these great inequalities of poverty and wealth, ignorance and culture, want and luxury, and we welcome this Bill because it is a very moderate beginning to deal with questions like that. We welcome the proposals to which I have referred, because they begin to apply, in a small way, proposals which we on these benches have been asserting for many years. We shall support the third reading of this Bill. I have only one word more to say. I want to refer to the alter- native which was put forward by the right hon. Gentleman who moved the rejection of the Bill. I said at the beginning of my remarks that we who are Socialists are opposed to Tariff Reform. We are sometimes told by hon. Members that we are inconsistent in being Trade Unionists for the protection of our trades and in opposing a duty on articles coming from foreign countries. There is nothing inconsistent in that. I will tell why we are opposed to Protection in the way of import duties. So long as you have a monopoly of land and of capital any import duty can only have one result, and that result is to increase the rent of the landlord or to increase the property of the capitalist. It cannot possibly bene- fit the workman. Where you have competition in emplo3mient there is always a tendency for wages to be forced down, and competition THE LLOYD GEORGE BUDGET 387 will prevent the wages rising, and noi|pystem of reform, as long as you have a monopoly of land and capital, can, under such a system, be depended upon to benefit the working classes. An hon. Member talked of taxing the foreigner. There have been in the last two or three months elections in Germany ; those elections have been fought almost exclusively upon the question of taxation. The Socialists to a man in Germany are opposed to taxation on imports. They are Free Traders, and they are op- posed to Protection because of their painful experience of it. May I put this question, and possibly some Member who follows me may deal with it ? If it is possible to raise a revenue by taxing the foreigner, why did not Germany during this year adopt the practice of taxing the foreigner ? It required to raise something like ^26,000,000 of taxation, and every penny of it has been raised by internal taxation. No, if I cared to give candid advice and useful information to hon. Members above the gangway in view of the propaganda work which it will be necessary to do during an election campaign, I .would say to them, " Do not talk to the workingmen of this country nonsense like that. You are depreciating their intelligence, you are insulting them, you are not playing the game of politics to your own advantage." I know the working people of this country, I belong to them, I have lived with them, and I know their capacity of thinking. I know their capacity of reason, and why I have faith in them is because of it. I think if you appeal to that intelligence it will respond. For these reasons we are going to support the third reading of this Bill, which will leave this House in two or three days backed up by an over- whelming vote. What will happen in another place I do not know, but if the worst comes to the worst, and if it be necessary that we should go to the country on this question, I can assure the Gov- ernment that those who sit on these benches and the party which we represent outside will not be amongst the least of the earnest and enthusiastic supporters of that part of the Bill which I com- mend to the House. 388 BRITISH SOCIAL POLITICS Extract 60 ECCLESIASTICAL OPPOSITION TO THE BUDGET (Bishop of Bristol, Lords, November 23, igog) The Lord Bishop of Bristol "^ : . . . I have been told that a Bishop should not take part in this debate, because the question is one of mere party strife. If it were, I should certainly not think of taking any part in it. But it is very much more than that. We are told that the fortunes of this House, and the fortunes of the nation and of the people depend upon the issue. If that be so, there is no body of men in this House more called upon to take part in a debate of this kind — if the fortunes of the House depend upon the issue of this debate — than the occupants of the Episcopal Benches. For we are the only representatives of the ancient constitutional method of entry into this House, namely, that of careful selection on the part of the Sovereign and of all the people to a certain office involving a seat in the House of Lords. Careful selection by the King goes on still, and by all the people, because the appointed representative of all the people is the Prime Minister. We, there- fore, are the only body which keep up the ancient practice. Further than that, we represent a very much older tenure than that of the oldest physical hereditary Peer in this House. The earliest tenure that I can trace of physical heredity is 754 years old, and admirably that Earldom is filled to-day. But there are three persons actually sitting on these Benches now whose tenure is 550 years older than that, and there are no fewer than ten other members on these Benches whose tenure is from 450 to 550 years older than the old- est of the physical hereditary Peers, we having a spiritual heredity. I maintain, therefore, that if there is any question of the honour of this House, from these Benches at least some words should come in support of this House. ... 1 Parliamentary Debates, Lords, Fifth Series, vol. 4, col. 767-768. THE LLOYD GEORGE BUDGET 389 . . . All of your Lordships know a great deal about the condition of the poorest classes in society, from what you call the lowest to what may be called the highest in the social scale. As a matter of fact it is not the business of any one of your Lordships, except those of us here on these [Episcopal] Benches, to know, and to know inti- mately, not the conditions only, but the persons of all classes in the social scale in our respective dioceses ; and I claim that there are no men sitting in this House who know so completely, from one end of the social scale to the other, the conditions, the needs, the wants, and the demands of every class of the community as we do. We are obliged to know, especially those of us who represent a great city, as I do, the terrible conditions of the very poor. We are obliged to know the great want of iemployment that affects men vsfho can do excellent work. We are obliged to know the conditions of the artisan, of the shopkeeper, and of the professional classes, and even higher than that. Many of us have to know the condition of the very great capitalists who perhaps farm a little for their own amusement, but who have the whole of their income to spend ; and we know, and know intimately, some large landowners who, far from having the whole of their income to spend, have a very narrow margin indeed. All this we have to know intimately as our official business ; and although the noble and learned Lord took credit to the Government for having passed certain ameliorating measures, I suppose it was this House that passed them. And it will always be so — when direct measures for the benefit of the very poor are brought forward, this House will give them no niggardly support. . . . ... I see the ultimate result of these proposals now brought be- fore us : a dull monotonous level of poverty without any redeeming points at all. We all of us know the familiar joke with regard to persons on a certain island who had to employ one another. They had no money to pay each other, and the old joke was that they could live only by taking in each other's washing. But, my Lords, there is another and a very serious point. Some twenty of us on 390 BRITISH SOCIAL POLITICS these Benches have the privilege of reading prayers in your Lord- ships' House, and the culminating point in the special Prayer for Parliament which so many of your Lordships heard this evening is this : the result of your deliberations is to be " the uniting and knitting together of the hearts of all persons and estates within the realm in true Christian love and charity one towards the other." That is to be the culminating effect of the deliberations and the legislation of this House. Some of us are accustomed, when we are considering a proposal, to ask ourselves what is the exact argu- ment which the author of the proposal thinks most cognate to it, and thinks best as a means of urging it upon the attention of the people. Now, my Lords, we know who is the official author of this Bill. Not to say a word abouf his Parliamentary utterances, I only ask your Lordships to consider his speeches out of Parliament, and particularly one delivered near my old charge when I was in Step- ney — made in certain language and with evident motive. If the intention of this Bill is to be judged, as I maintain it may fairly be judged, by the expressions of its author in pressing it upon public attention, well, there is nothing in the world for this House to do but to pass the Amendment of the noble Marquess [rejecting the Bill]. . . . Extract 6i A LIBERAL LORD'S OPINION OF ECCLESIASTICAL OPPOSITION {Lord Sheffield, Lords, November 22, igog) Lord Sheffield ^ : My Lords, I was not quite able to follow the argument of the right rev. Prelate, though I followed his con- clusion that he meant to vote for throwing out the Budget. The right rev. Prelate not only claimed an antiquated tenure, but said 1 Parliamentary Debates, Lords, Fifth Series, vol. 4, col. 770 sqq. THE LLOYD GEORGE BUDGET 391 he descended from a spiritual tenure, and not from an earthly one. He also made the declaration that he and his brother Prelates knew more about the conditions of all classes of the community, cared more about them, and generally had a more earnest desire to bene- fit them than anyone else. It seems disrespectful to put anything like a note of interrogation to any of his statements. . . . If I could examine the history- of the right rev. Bench and note their attitude towards the innumerable cases of progressive legisla- tion urged upon Parliament during the last one hundred years — if they knew all this, they dissembled their love very successfully. I am glad, however, that there is a desire to act upon the words in the prayer spoken of by the right rev. Prelate, and to work for the whole nation. I only wish the right rev. Prelate would remember some other weighty and valuable words in that prayer — "to put aside all partial affection." I think if there is one thing we need more than another, it is that we should clear ourselves from association with class, from profes- sions, from all those things that prevent us from having that high light which is so important if we want to deal with intellectual and social problems. And I cannot help thinking that the right rev. Prelate did not seem to bring quite that high light into the matter in considering how he proposed to ameliorate the condition of the poor which he said, from his knowledge of Bristol and Stepney, it was his desire to do. We have had to-night from all three speakers, who have spoken from the Opposition side, a great deal of abuse of the Chancellor of the Exchequer. We know it is a good maxim " when you have no case, abuse the plaintiff's attorney." And it seems to me that that is very much the way this Budget is being treated. I think anyone would be very sorry to have to defend all the speeches of his friends or political associates at any time. We could get plenty of stones to throw at each other, and I expect we shall have an ample supply of these missiles furnished to us from both sides in a very short time. 392 BRITISH SOCIAL POLITICS Extract 62 AN ATTACK UPON THE SPONSOR OF THE BILL {Lord Willoughby de Broke, Lords, November 22, igog) Lord Willoughby de Broks ^ : . . . The Government can- not remain in office except by the consent of the Socialists and the extreme Radicals ; and this proposal about the unearned increment they believe, will, in a very short time, be applied to all forms of property. All this sort of thing is bound eventually to filter down to the working classes of this country. The form of taxation recom- mended by the Radical party will very soon resolve itself into this sort of thing with regard to unearned increment. When any citizen happens, in vulgar parlance, to " make a hit" by his own energy or thrift or good luck, the Chancellor of the Exchequer will step in, and having labelled him a " blackmailer " or a "swindler," he will not put an end to the transaction, but the Chancellor of the Exchequer will then go shares in the plunder. Yes, but what for ? To provide a revenue for Old Age Pensions or something of that sort would be the reply. But I think you will find it will eventually be applied to advancing the schemes of this or that body, whether Socialists or somebody else, probably equally as bad, whom it may be desir- able to placate in order to keep the Government in office as long as they possibly can. There is no doubt that the workingmen of this country are beginning to have a very uncomfortable feeling that the rhetoric of Mr. Lloyd George and the vulgarity of the President of the Board of Trade will not fill many empty stomachs or replenish many bare cupboards during the coming winter. And they will not see the advantage of paying a whole horde of officials to pry into the public life of everybody in this country, and who will be paid from money taken from the beer and the spirits and the tobacco con- sumed by the workingmen. I may mention that the taxation on 1 Parliamentary Debates, Lords, Fifth Series, vol. 4, col. 780-7S1. THE LLOYD GEORGE BUDGET 393 champagne is not increased at all. The luxuries of the rich men contribute hardly anything towards the taxation of this country. . . . Then we are told that we are violating and overriding the will of the people. All this talk about the voice of the people is cant. It is real cant of the purest description. It is an utterly meaningless phrase, and is merely part of the stock-in-trade of the agitator and of the demagogue. The will of the people is not expressed on this subject at this moment in the House of Commons. Representative government in this country is at an absurd discount, and the talk about representative government and free institutions has now re- sulted in this sort of thing : that we are the only Government in the whole of the civilised world that is not being dominated and controlled by a small section of Socialists. With regard to the will of the people, I, for one, have not the slightest anxiety about referring this Budget to the people. What most moderate men are asking us to do is to save them from being jockeyed and bullied and bluffed by the Chancellor of the Exchequer and the President of the Board of Trade into accept- ing a Budget and a policy for which there was not the slightest mandate at the last General Election. If your Lordships embrace this policy, then I can only say, " Heaven help England." The late Mr. Bromley-Davenport wrote an extremely amusing parody upon " Locksley Hall " which- has been described by a ripe critic of liter- ature as one of the finest things in the English language. I hope it will not be considered out of place if I quote something from it. He was endeavouring to foreshadow, with Tennyson, the state of the country at some future date, when he wrote these lines : For I looked into its pages, and I read the Book of Fate, And saw foxhunting abolished by an order from the State ; Saw the landlords yield their acres after centuries of wrongs, Cotton lords turn country gentlemen in patriotic throngs ; Queen, religion, State abandoned, and the flags of party furled In the Government of Cobden and the dotage of the world. Then shall exiled common sense espouse some other country's cause, And the rogues shall thrive in England, bonneting the slumbering laws. 394 BRITISH SOCIAL POLITICS Extract 6j A FINANCIER'S VIEW OF THE BUDGET (Lord Revelstoke, Lords, November 22, igog') Lord Revelstoke^: ... It has been my lot to have been brought up in the midst of financial and commercial operations, in the conduct and consideration of which I have endeavoured to follow the traditions and to be guided by the experience of many genera- tions of financiers in my own family, whose success in life has been due to their intimate connection with banking and commerce, and whose prosperity, or the reverse, has for many years been bound up with the financial position of the City of London, the home and centre of that great system of " credit " upon which so much depends. . . . Here is a Budget which, designed to meet expenditure for great social reforms, places an accumulated burden of higher Income Tax, Super-tax, Death Duties, Land Tax, Stamp Duties, all on one par- ticular class. And surely, my Lords, in this matter of heaping taxa- tion upon the few, a double error is committed. Not only is there a penalising of capital, with its consequent ill effects upon the whole community ; but the force of public opinion — the greatest, if not the only check upon extravagant expenditure. — is weakened, and it is weakened at the moment when it is most urgently required. . . . It has been said, and said many times within recent months, that capital is leaving this country to a very serious extent, and I have to testify, from my own practical knowledge, that this is true. . . . This is a new doctrine to be preached by a British Administra- tion. It misrepresents the position of capital as it is understood by all impartial observers removed from the clamour of party poli- tics. It ignores the extent to which the prosperity of this nation has been due to its great capital resources, its heritage of financial su- premacy, its unshaken credit. The extreme difficulty of adequately 1 Parliamentary Debates, Lords, Fifth Series, vol. 4, col. 794 sqq. THE LLOYD GEORGE BUDGET 395 conveying to the originators of this Bill a sense of the harm which it has already occasioned, and is likely to still further occasion, lies largely in the very fact that it seems well-nigh impossible to bring home to those responsible a real sense of what is involved in " unshaken credit.'' As I have read the speeches of the Chancellor of the Exchequer, I can almost hear him ask, like another person better known in history, and, like him, without waiting for an answer, not " What is truth ? " but " What is credit ? " My Lords, I can give him that answer — I can give him the answer he would receive from the sober community among whom I have passed my days. They would tell him — and they are men whose occupations do not lead them to make speeches, but who have read, and read with dismay, the reckless and unconsidered utterances of even the most responsible members of His Majesty's Government. Those of whom I speak, my Lords, are men whose experience and char- acter, whose probity and judgment, have contributed not a little to make this England of ours what she has been — and what she should remain — the Bank and the workshop of the world. They would tell him, my Lords, that they define " credit " as " confi- dence." Confidence in financial prudence, confidence in ability to pay, confidence in financial equity and stability, confidence in the sanctity of property. Can .we say, my Lords, that our confidence in any of these would not be shaken by the passing of the measure which is now before your Lordships' House ? Extract 64 ECCLESIASTICAL SUPPORT OF THE BUDGET (Bishop of Birmingham, Lords, Novem-ber 22, iQog) The Lord Bishop of Birmingham ^ : . . . It is impossible to live in our great cities without becoming conscious of the fact that for the great body of the workers our country is not a good 1 Parliamentary Debates, Lords, Fifth Series, vol. 4, col. 799 sqq. 396 BRITISH SOCIAL POLITICS place to live in at the present moment. As I have shown your Lordships, there is a great, vast, and growing demand for money for public expenditure. How is that money which is required to be obtained ? The question is whether in this Budget there is an unjust and oppressive treatment of particular classes, especially of the landed classes and of those who are engaged in the liquor trade. I do not know whether that is the case. With regard to the matter which has been, I suppose, most commented on of all the land taxes — that is, the tax upon the unearned increment on land in and about towns — those of us who have been taught the political economy of John Stuart Mill have been expecting to see this tax in England for a great many years. . . . ... It was said in the course of this debate before dinner that the Budget is Socialism. Of course you can use the terms Con- servatism, Liberalism, and Socialism in such a way as to make them apply to almost everything you like. Socialism is a term which I think it is best to employ as a quite distinctive term, rep- resenting a quite distinctive view, and a view which no doubt is gaining in its hold especially on the working classes throughout Europe. I do not hold with the Socialistic theory myself, but I know what it means. It means the abolition of private capital, not private property, and the socialisation ■ of the sources and instru- ments of production and distribution. In the sense in which Col- lectivists use the word Socialism this Budget is not in any way Socialistic. It does not propose in any kind of way, or point to, the transfer to the community of the sources and instruments of production and distribution, although it might be said that it moves towards it. I venture to think that the most reactionary Budget, the Budget which moves most sharply in the opposite direction, would be the Budget which would be most likely to lead rapidly to Socialism by stirring up the already moving minds of the people to rebellion and revolt against the injustice of our present conditions. . . . The Budget is only one more instance of the gradual growth towards a more proper distribution of the constantly increasing THE LLOYD GEORGE BUDGET 397 burdens of public expenditure, broadening out from precedent to precedent, and I cannot but feel that your Lordships will indeed not be acting wisely if you treat this Budget as if it could be ac- cused of containing either revolutionary or unjust principles. Extract 6£ A CONCILIATORY SPEECH ON THE BUDGET {Lord mbblesdale, Lords, November 23, igog) Lord Ribblesdale ^ : . . . My Lords, we have all been very much upset — I have myself ■ — ■ by the speeches of the Chancellor of the Exchequer, but I have been able to get over them, and I have no doubt noble Lords opposite have also. But there is one thing I will say for Mr. Lloyd George, and that is that he has stuck to his form throughout. If you take Limehouse as his Ossa, he backed it up with Pelion in the shape of Newcastle. I rather respect him for that, because there is no sort of doubt that, if any speaker starts on a half-pantaloon and half-highwayman style it is almost too much to ask him, all of a sudden, to turn around and revert to the manner of our classical models, such as the late Mr. Gladstone, the late Lord Goschen, and the present Lord St. Aldwyn. But whatever may have been the infelicity of the style which has recommended the Budget, I am bound to say that the first attacks on it were somewhat infelicitous, too, and it is an infelicity which we have all, somehow or another, learned to connect with the word " Duke." Personally I think Dukes are charming people, but I am bound to say that I have read a good many speeches of Dukes from time to time, and they have stuck to their form too. Their speeches remind me of Tennyson's line, " Tears, Idle Tears," and I cannot help thinking that no one will be very seriously affected by the sobs of quite well-to-do folk. . . . 1 Parliamentary Debates, Lords, Fifth Series, vol. 4, col. 810. 398 BRITISH SOCIAL POLITICS Extract 66 AN EXTREME CONSERVATIVE VIEW OF THE BUDGET {The Duke of Marlborough, Lords, November 23, igog) The Duke of Marlborough ^ : . . . The relations of this House with the Lower House, which the Government propose to disturb, are in themselves a monument to the political sagacity of the British people. Their adjustment has been perfected by the genius of great men. That subtle and delicate equipoise has been preserved practically unchanged during centuries by the state- craft of leading men in either House, so that to-day it bears some- thing of that mysterious sanctity which time alone can give. It is as with the Abbey within whose shadow we deliberate. Inspired architects planned its noble outline, its solid walls, its flowing but- tresses, and its dominating towers. Zealous masons laboured to transmute the architectual vision into the reality of solid stone. But not all the splendour of the initial conception nor the patient services of its builders could have sufficed to win for the Abbey the place which it holds in our hearts to-day. Time has touched it with his finger, and to his ineffable touch it owes its ultimate con- secration. So I say it is with the relations between the two Houses of Parlianient in the vital matter of finance. They too have been slowly upreared in the passage of the centuries. They too have been hallowed by tradition. Yet to-day the Government, acting through the Lower House, are prepared to lay rude and irreverent hands upon a political fabric which has won the admiration of the civilised world. This magnificent monument, this unique expres- sion of the temperament of our people, is to be shattered at the bidding of a demagogue from Wales, and may I respectfully add, by the threat of the noble and learned Lord on the Woolsack. The Lord Chancellor : I made no threat. 1 Parliamentary Debates, Lords, Fifth Series, vol. 4, col. 84 1-2, THE LLOYD GEORGE BUDGET 399 The Duke of Marlborough : Neither the words of the noble and learned Lord on the Woolsack, nor the silence of the noble Earl, Lord Crewe, — a self-constituted mute at the obsequies of the British Constitution, — • nor the remarks of the noble Earl on the Cross Benches have in any way shaken my confidence that the Amendment moved by the noble Marquess, Lord Lansdowne, ought to receive our united and unanimous support. Extract (5/ LORD ROSEBERY ON THE BUDGET (The Eari of Rosebety, Lords, November 24, iQog) The Earl of Rosebery ^ ■ My Lords, I earnestly wish that the most rev. Primate to whose weighty words we have just listened with so much attention would throw the aegis of his doctrine of silence over myself, who am quite as dissociated from Party as any Prelate that sits upon the Bench behind him, and perhaps more, I think, than some. I wish it because I never rose to address your Lordships with more reluctance than on the present occasion — partly from my sense of the awful gravity of the situation, by far the greatest that has occurred in my lifetime or the lifetime of any man who has been born since 1832 ; partly from a sense of the personal difficulties that I feel in dealing with this question. . . . My Lords, I am, as I have amply proved, hostile to the Budget. I cannot, I think, be more hostile to the Budget than I am, but I am not willing to link the fortunes of the Second Chamber with opposition to the Budget. I find no fault with the Resolution of the noble Marquess, if he thought it right to have a Resolution at all, and I do not suppose that he had much choice in the matter. No doubt the impetus of his own forces carried him forward whether he wished it or not, and of course it may be fair to argue, 1 Parliamentary Debates, Lords, Fifth Series, vol. 4, col. 942 sqq. 400 BRITISH SOCIAL POLITICS as has been argued, that it is not a Resolution for the rejection of the Bill, but a method for bringing about an appeal to the people for their assent or negative to the Budget. There is nothing I should rejoice at so much as any reference of that kind if there were any constitutional means of obtaining it without mixing it up with other issues foreign to it, and which may greatly impair the directness and validity of the decision. If, for example, you had the referendum in this country — and I for my part believe that you will never arrive at a final solution of the question of the ad- justment of differences between the two Houses without some form of referendum — I would gladly vote that it should be applied on this occasion. . . . My Lords, I think you are playing for too heavy a stake on this occasion. I think that you are risking in your opposition to what I agree with you in thinking is an iniquitous and dangerous meas- ure, the very existence of a Second Chamber. I do not pretend to be very greatly alarmed at the menaces which have been addressed to us on this and on other occasions. The House of Lords has lived on menaces ever since I can recollect, and yet it seems to be in a tolerably thriving condition still. But I ask you to remember this. The menaces which were addressed to this House in old days were addressed by statesmen who had at heart the balance of the constitutional forces in this country. The menaces addressed to you now come from a wholly different school of opinion, who wish for a single Chamber and who set no value on the controlling and revising forces of a Second Chamber — a school of opinion which, if you like it and do not dread the word, is eminently revo- lutionary in essence, if not in fact. I ask you to bear in mind that fact when you weigh the consequences of the vote which you are to give to-morrow night. " Hang consequences," said my noble friend Lord Camperdown last night, " let them take care of them- selves." That is a noble utterance — a Balaklava utterance. Noth- ing more intrepid could be said. But the truest courage in these matters weighs the consequences, not to the individual, but to the THE LLOYD GEORGE BUDGET 40 1 State, and thinks not once, but twice or thrice before it gives a vote which may involve such enormous constitutional consequences. . . . Remember, that in hanging up or in rejecting the Budget the House of Lords is doing exactly what its enemies wish it to do. Now, I believe that in life it is a pretty safe maxim to ascertain what it is your enemy wishes you to do, and to do something very much unlike it. I confess I have no doubt when I read the speeches delivered in various parts of the country, speeches unusual and un- precedented in my time as regards speeches by Cabinet Ministers, that they are meant to stir up and incite the House of Lords to do exactly the thing which the House of Lords meditates doing. I confess that policy does not appeal to me. I should like a less heroic policy, which I think would have answered much better the majority of this House, but which I fear it is too late to ask the House to adopt, although I believe it to be the winning policy for those who are opposed to the Budget. I should have liked to see the House of Lords pass this Finance Bill, not because I have a good opinion of it, but because I have such an excessively bad opinion of it. . . . I believe that if you gave the country an ex- perience of the Budget in operation, you would achieve a victory when you next approach the polls which would surprise yourselves and would give you the power of revising the finance of this coun- try by methods more in consonance with your own principles and your own common-sense. We should then have an anti-Socialist Government, a luxury which I cannot say we possess now. We should have a reformed Second Chamber, not merely in the way of purging it to some extent, and arriving at the choicest part of it by delegation and election, but>,also by renovating it by means of those external elements that must necessarily give strength to a Second Chamber — all that would have been achieved in the best and, in the non-Party sense, the most conservative interests of this United Kingdom. Unfortunately, that is not the line that the House is going to take. I am sorry — with all my heart I am sorry — that I cannot give a vote against the Budget on this 402 BRITISH SOCIAL POLITICS occasion. My interest in this matter is mainly that of the Second Chamber, and I cannot stake all my hopes of its future utility and reform on the precarious and tumultuous chances, involved as they will be with many other irrelevant and scarcely honest issues — the tumultuous hazards of a General Election. Extract 68 LORD MORLEY ON THE BUDGET ( Viscount Morley of Blackburn, Secretary of State for India, Lords, November sg, igog) Lord Morley ':...! particularly, for my part, object to the referendum. Why ? Because, it weakens what is the most impor- tant thing for this country to maintain — the sense of responsibil- ity in the House of Commons. If you tell the House of Commons that they are liable to have a given conclusion of their own sub- mitted to other people — whether they be members of this House or people in the country — you weaken their own personal indi- vidual and collective responsibility. . . . By this Amendment you are subjecting the Budget to what is called, in the jargon to which I have referred, ^plebiscite. If there is any one matter which cannot be usefully or wisely submitted to a plebiscite, it is a Budget. It is one of those things on which you cannot say Yes or No. How can any one say Yes or No to this Budget ? Noble Lords here do not like the Budget, but the Budget contains any number of provisions, qualifications, intricacies ; it is a complex of things to which yoil cannot give a plain Yes or No, which is the point of a plebiscite. . . . Now another point. It is argued that you will vote for this Amendment because you want to arrest Socialism. I ahi, and always have been, a pretty strong individualist. But just let us look at these Socialist allegations and the assumption that by 1 Parliamentary Debates, Lords, Fifth Series, vol. 4, col. 1137 sqq. THE LLOYD GEORGE BUDGET 403 rejecting this Bill and passing your Amendment you are putting a spoke into the wheel of Socialism. The people of this country are either of the predatory species or they are not ; they are either in favour of predatory destructive Socialism or they are not. If they are, it is quite certain that the success of this Parliamentary operation of your Lordships will not set up any dam or rampart or barrier against the great destructive flood such as would then arise. Anyone who tells you that by passing this Amendment you are obstructing Socialism is as foolish as were the courtiers of King Canute. But I do not believe, and I am quite sure all your Lordships do not believe, that our countrymen are a predatory species. No Englishman can think so. If you will forgive a passing personal reference, it was my fortune to be — I only mention it to show that I am not talking of the working people of this country with a Utopian head in the clouds — for twelve years a Member for what was in those days one of the largest constituencies in England. It was an enormous constituency, and my return was always due to the skilled artisans, mainly workers in the famous Elswick factory — skilled and admi- rable artisans. It is true that at the end of twelve years they turned me out, but I had plenty of time — and I am not entirely without the faculty of observation — to satisfy myself that the skilled arti- sans of this country, aye, and many more than they, are not men wearing the Phrygian cap. No, they are not " Reds." . . . There will, no doubt, be foolish proposals made by the pitiful , and sympathetic, whether politicians or philanthropists outside poli- tics — there will be proposals made, if you like, full of charlatanry and full of quackery. But, anyhow, it is inevitable to anybody who has followed the course of movements of a Socialistic kind in France and other countries that you should have these experiments tried. My own hope, my own conviction, is that at the end of these experiments there will be left behind a fertile and fertilising residue of good. Mill, whose name has been so often quoted in these debates on fiscal matters, said at the very end of his life he 404 BRITISH SOCIAL POLITICS was averse to Socialism, and in a certain production of his, where he described the possible dangers of Socialism, He said, " If So- cialism with all its dangers was the only alternative to the horrors of our present system, I would be a Socialist." The noble Viscount, Lord Milner, said the other day that he would be very sorry to be a member of a dummy House of Lords, and I suppose anyone who sits in an assembly, however new a comer he may be, would be very sorry to sit in a dummy assembly. He would rather absent himself altogether. But there is something worse than a dummy House of Lords, and that is a dummy House of Commons. What else does this operation which you are going to consummate to-morrow night mean than reducing the House of Commons to a dummy ? They discussed the Budget for six months. I forget how many hundreds of sittings and how many hundreds of Divisions there were. I understand from those who speak with a certain impartiality that it was discussed with a freedom and a fullness of detail almost, if not entirely, without precedent in our recent Parliamentary annals. . . . There was no guillotine. There were ceaseless interviews with deputations, and yet all this prolonged and careful labour, discussion, thought, contrivance — all that is to go for nothing, and all its results are to be pulverised and brought to naught by a trenchant sweep of the noble Marquess's arm. That is what I call making a dummy House of Commons. In the Division on the third reading, what were the numbers ? They were 379 for the Budget Bill and 149 against it. In this House to-morrow night let us suppose it is 500 against 50. My Lords, the more triumphant your majority, the more huge the disparity between your numbers and ours, the more flagrant the political scandal, and the more blazing in the public eye the Con- stitutional paradox. Such a contrast as that, 379 against 149 in one House, only a four-year-old House, and 400 or 500 in this House against 40 or 50 — I say it cannot last. . . . I do not say at all, and have never promised, that this Budget will bring right away the Millennium, but I am quite certain that it THE LLOYD GEORGE BUDGET 405 will not bring Pandemonium. It will bring neither the Millennium nor Pandemonium, and I think that noble Lords opposite are beginning to feel that perhaps their apprehensions were unduly aroused. Let me make one observation to which I believe the noble Marquess will attach certain weight. When Mr. Gladstone was going through his early financial operations, he was watched by nobody in the world with a more eager interest than by Cavour. I am not speaking quite without the book when I say there are now Ministers in European countries, with their own battles to fight, who are watching with some anxiety and some apprehension the double issue, fiscal and constitutional, in which we are involved by these proceedings. For many glorious generations England has been the stable and far-shining model of reform, and any clouding of her position in either fiscal or constitutional policy will be a gain, and a heavy gain, on the Continent of Europe to the parties of reaction. . . . Lastly, the noble Marquess must have foreseen that the success of this Amendment and its consequences must lead a pretty straight way to constitutional revision, and I am sure he must know that there is no such battle ground, if you look at our own history in the seventeenth century, at the modem history of the United States, or at that of half of the countries of Continental Europe, for the fiercest and most determined conflicts, as constitutional revision. With regard to the Second Chamber, I venture to call it the pons asinorum of democracy. I hope noble Lords will recognise that. The scene in this House during the last ten days must not, I think, be counted one of those brilliant and exciting stage plays, political and party stage plays, of which some of us have seen so ■ many. I think it is much more than a mere stage play. It is the first step on a tremendous journey, and, as we all know, when we troop off home to-morrow night we shall not think that, though the theatre is empty, the curtain has fallen upon a completed drama. We shall all know in our hearts that the note has sounded for a very angry and perhaps prolonged battle. 406 BRITISH SOCIAL POLITICS Extract 6g THE LORDS' REJECTION OF THE BUDGET (The Earl of Crewe, Lord Privy Seal and Secretary of State for the Colonies, Lords, November 30, igog) The Earl of Crewe ^ : . . . My Lords, we are now going to vote. In i860 when the Paper Duty Bill was before this House Mr. Bright said, speaking of the then action of your Lordships' House, " They voted out this Bill by a large majority with a chuckle, thinking that by doing so they were making a violent at- tack on the Ministry, and particularly upon the Chancellor of the Exchequer." My Lords, that is what you are going to do. Who are going to vote ? The noble Lords who are here. Who are not going to vote ? I cannot help alluding, although it has been men- tioned before, to the absence from the noble Marquess's battalions of the noble Viscount, Lord St. Aldwyn — one of the most experi- enced authorities on political finance in the country, and a Conserv- ative of Conservatives. He is not here. But when the division list is scanned to-morrow, as scanned it will be, by those who desire to weigh as well as to count, many names will be missed from it. There will be the names of many of those who have grown old in the service of the State at home and abroad, particularly of those who have served in distant parts of the Empire ; the names of many of those who do the greater part of the real work of this House — thankless work, and not, I think, often sufficiently re- warded by public appreciation — in the committee room upstairs ; there will be many names of those who possess, if I may venture to say so, the coolest heads and the most amply furnished minds in the House ; many of those who, when it is a question of deciding merits of some great dispute between capital and labour, are called upon to arbitrate in such cases by the common consent of all classes 1 Parliamentary Debates, Lords, Fifth Series, vol. 4, col. 1324 sqq. THE LLOYD GEORGE BUDGET 407 of our fellow-countrymen. My Lords, many of those will not be here. Like the images of the Roman patriots at another kind of funeral some two thousand years ago, when the historian said, Effulgebant eo ipso quod effigies eorum nan videbantur, they are even more conspicuous by their absence than they would be if they recorded their vote. I know you will not agree with me, but I do say that in tearing up the ancient charters, in removing the venerable landmarks, you are making a most tragic blunder. You are not afraid of the consequences ; no one could suppose you would be afraid ; if you are afraid of anything in this matter, you are possibly just the least bit afraid of being thought afraid. That is the only scintilla of fear which I think could be recognised on the Benches opposite. It has been said in debate that there has been a sinister kind of conspiracy, a plot, to lure your Lordships into an impossible posi- tion. Perhaps I may be permitted to say that I am in as good a position as anybody to judge whether that is so, and I think I can show you it is not so. I do not think I am breaking any Cabinet confidence when I say that the great majority of my colleagues including — unless I am mistaken — the Chancellor of the Ex- chequer himself, have been infinitely more sanguine than I have been all through that your Lordships would pass the Finance Bill, and it was only at a very recent date that they recognised the probability of the action your Lordships are taking. That I think is conclusive proof that there has been no conspiracy to put your Lordships into a position where you could not pass it. . . . If you think that any of us on this side of the House welcome this crisis, you are entirely mistaken. But we are compelled to face it, not only because our political existence as a Party is involved but because in our view the interests of the country and of the Empire depend upon the maintenance of a reasonable constitutional balance between the governing powers of the State. It may be, my Lords, that when the new Parliament meets we shall be sitting where you sit now. It may be that we shall still be seated on these 408 BRITISH SOCIAL POLITICS Benches here. But, my Lords, whether we sit there or whether we sit here, we must, after the action which your Lordships have thought fit to take to-night, set ourselves to obtain guarantees — not the old guarantees sanctioned by the course of time and enforced by accommodation between the two Houses, but if necessary, if there be no other way, guarantees fenced about and guarded by the force of Statute — guarantees which will prevent that indiscriminate destruction of our legislation of which your work to-night is the climax and the crown. The Lord Chancellor : The original Question was '" That the Bill be now read a second time," to which an Amendment has been moved to leave out all the words after " That " for the purpose of inserting the following Motion, " This House is not justified in giving its consent to this Bill until it has been submitted to the judgment of the country." The Question I have to put is whether the words proposed to be left out shall stand part of the Motion. On Question ? Their Lordships divided : Contents, 75 ; Not-Contents, 350. Extract yo FINANCE (1909-10) ACT, 1910 (10 Edw. 7, ch. 8, in part) An Act to grant certain Duties of Customs and Inland Revenue (including Excise), to alter other Duties, and to amend the Law relating to Customs and Inland Revenue (including Excise), and to make other financial provisions. (29th April 1910) Most Gracious Sovereign, We, Your Majesty's most dutiful and loyal subjects the Com- mons of the United Kingdom of Great Britain and Ireland in Parliament assembled, towards raising the necessary supplies to THE LLOYD GEORGE BUDGET 409 defray Your Majesty's public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties herein-after men- tioned ; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and .by the authority of the same, as follows : Part I Duties on Land Values I. Duty on Increment Value Subject to the provisions of this Part of this Act, there shall be charged, levied, and paid on the increment value of any land a duty, called increment value duty, at the rate of one pound for every complete five pounds of that value accruing after the thir- tieth day of April nineteen hundred and nine, and — (a) on the occasion of any transfer on sale of the fee simple of the land or of any interest in the land, in pursuance of any contract made after the commencement of this Act, or the grant, in pursuance of any contract made after the commencement of this Act, of any lease (not being a lease for a term of years not exceeding fourteen years) of the land ; and {U) on the occasion of the death of any person dying after the commencement of this Act, where the fee simple of the land or any interest in the land is comprised in the property passing on the death of the deceased within the meaning of sections one and two, subsection (i) {a), (p), and (c), and subsection three, of the Finance Act, 1894, as amended by any subsequent enactment ; and 4IO BRITISH SOCIAL POLITICS (c) where the fee simple of the land or any interest in the land is held by any body corporate or by any body unincor- porate as defined by section twelve of the Customs and Inland Revenue Act, 1885, in such a manner or on such permanent trusts that the land or interest is not liable to death duties, on such periodical occasions as are provided in this Act, the duty, or proportionate part of the duty, so far as it has not been paid on any previous occasion, shall be collected in accord- ance with the provisions of this Act. 2. Definition of Increment Value (i) For the purposes of this Part of this Act the increment value of any land shall be deemed to be the amount (if any) by which the site value of the land, on the occasion on which increment value duty is to be collected as ascertained in accordance with this sec- tion, exceeds the original site value of the land as ascertained in accordance with the general provisions of this Part of this Act as to valuation. (2) The site value of the land on the occasion on which incre- ment value duty is to be collected- shall be taken to be — (a) where the occasion is a transfer on sale of the fee simple of the land, the value of the consideration for the trans- fer; and {U) where the occasion is the grant of any lease of the land, or the transfer on sale of any interest in the land, the value of the fee simple of the land, calculated on the basis of the value of the consideration for the grant of the lease or the transfer of the interest ; and (c) where the occasion is the death of any person, and the fee simple of the land is property passing on that death, the principal value of the land as ascertained for the purposes of Part I of the Finance Act, 1894, and where any in- terest in the land is property passing on that death the THE LLOYD GEORGE BUDGET 41I value of the fee simple of the land calculated on the basis of the principal value of the interest as so ascertained; and (/s?) where the occasion is a periodical occasion on which the duty is to be collected in respect of the fee simple of any land or of any interest in any land held by a body cor- porate or unincorporate, the total value of the land on that occasion to be estimated in accordance with the gen- eral provisions of this Part of this Act as to valuation ; subject in each case to the like deductions as are made, under the general provisions of this Part of this Act as to valuation, for the purpose of arriving at the site value of land from the total value. (3) Where it is proved to the Commissioners on an application made for the purpose within the time fixed by this section that the site value of any land at the time of any transfer on sale of the fee simple of the land or of any interest in the land, which took place at any time within twenty years before the thirtieth day of April, nineteen hundred and nine, exceeded the original site value of the land as ascertained under this Act, the site value at that time shall be substituted, for the purposesof increment value duty, for the original site value as so ascertained, and the provisions of this Part of this Act shall apply accordingly. Site value shall be estimated -for the purposes of this provision by reference to the consideration given on the transfer in the same manner as it is estimated by reference to the consideration given on a transfer where increment value duty is to be collected on the occasion of such a. transfer after the passing of this Act. This provision shall apply to a mortgage of the fee simple of the land or any interest in land in the same manner as it applies to a transfer, with the substitution of the amount secured by the mortgage for the consideration. An application for the purpose of this section must be made within three months after the original site value of the land has been finally settled under this Part of this Act. . 412 BRITISH SOCIAL POLITICS ij. Reversion Duty (i) On the determination of any lease of land there shall be charged, levied, and paid, subject to the provisions of this Part of this Act, on the value of the benefit accruing to the lessor by reason of the determination of the lease a duty, called reversion duty, at the rate of one pound for every complete ten pounds of that value. (2) For the purposes of this section the value of the benefit accruing to the lessor shall be deemed to be the amount (if any) by which the total value (as defined for the purpose of the general provisions of this Part of this Act relating to valuation) of the land at the time the lease determines, subject to the deduction of any part of the total value which is attributable to any works executed or expenditure of a capital nature incurred by the lessor during the term of the lease and of all compensation payable by such lessor at the determination of the lease, exceeds the total value of the land at the time of the original grant of the lease, to be ascertained on the basis of the rent reserved and payments made in considera- tion of the lease (including, in cases where a nominal rent only has been reserved, the value of any covenant or undertaking to erect buildings or to expend any sums upon the property), but, where the lessor is himself entitled only to a leasehold interest, the value of the benefit as so ascertained shall be reduced in proportion to the amount by which the value of his interest is less than the value of the fee simple. . . . 16. Undeveloped Land Duty (i) Subject to the provisions of this Part of this Act, there shall be charged, levied, and paid for the financial year ending the thirty-first day of March nineteen hundred and ten, and every sub- sequent financial year in respect of the site value of undeveloped land a duty, called undeveloped land duty, at the rate of one half- penny for every twenty shillings of that site value, THE LLOYD GEORGE BUDGET 413 (2) For the purposes of this Part of this Act, land shall be deemed to be undeveloped land if it has not been developed by the erection of dwelling-houses or of buildings for the purposes of any business, trade, or industry other than agriculture (but includ- ing glasshouses or greenhouses), or is not otherwise used bona fide for any business, trade, or industry other than agriculture : Provided that — (a) Where any land having been so developed or used reverts to the condition of undeveloped land owing to the build- ings becoming derelict, or owing to the land ceasing to be used for any business, trade, or industry other than agri- culture, it shall, on the expiration of one year after the buildings have so become derelict or the land ceases to be so used, as the case may be, be treated as undeveloped land for the purposes of undeveloped land duty until it is again so developed or used ; and (b') Where the owner of any land included in any scheme of land development shows that he or his predecessors in title have, with a view to the land being developed or used as aforesaid, incurred expenditure on roads (including paving, curbing, metalling, and other works in connexion with roads) or sewers, that land shall, to the extent of one acre for every complete hundred pounds of that expenditure, for the purposes of this section, be treated as land so developed or used although it is not for the time being actually so developed or used, but, for the pur- poses of this provision, no expenditure shall be taken into account if ten years have elapsed since the date of the expenditure, or if after the date of the expenditure the land having been developed reverts to the condition of undeveloped land, and in a case where the amount of the expenditure does not cover the whole of the land included in the scheme of land development, the part of the land to be treated as land developed or used as 414 BRITISH SOCIAL POLITICS aforesaid shall be determined by the Commissioners as being the land with a view to the development or use of which as aforesaid the expenditure has been in the main incurred. (3) For the purposes of undeveloped land duty, the site value of undeveloped land shall be taken to be the value adopted as the original site value or, where the site value has been ascertained under any subsequent periodical valuation of undeveloped land for the time being in force, the site value as so ascertained : Provided that where increment value duty has been paid in respect of the increment value of any undeveloped land, the site value of that land shall, for the purposes of the assessment and collection of undeveloped land duty, be reduced by a sum equal to five times the amount paid as increment value duty. (4) For the purposes of undeveloped land duty undeveloped land does not include the minerals. . . . 20. Mineral Rights Duty and Provisions as to Minerals (1) There shall be charged, levied, and paid for the financial year ending the thirty-first day of March nineteen hundred and ten and every subsequent financial year on the rental value of all rights to work minerals and of all mineral wayleaves, a duty (in this Act referred to as a mineral rights duty) at the rate in each case of one shilling for every twenty shillings of that rental value. (2) The rental value shall be taken to be — {a) Where the right to work the minerals is the subject of a mining lease, the amount of rent paid by the work- ing lessee in the last working year in respect of that right ; and (3) Where minerals are being worked by the proprietor there- of, the amount which is determined by the Commis- sioners to be the sum which would have been received THE LLOYD GEORGE BUDGET 415 as rent by the proprietor in the last working year if the right to work the minerals had been leased to a work- ing lessee for a term and at a rent and on conditions customary in the district, and the minerals had been worked to the same extent and in the same manner as they have been worked by the proprietor in that year : Provided that the Commissioners shall cause a copy of their valuation of such rent to be served on the proprietor ; and (<:) In the case of a mineral wayleave, the amount of rent paid by the working lessee in the last working year in respect of the wayleave : Provided that if in any special case it is shown to the Commis- sioners that the rent paid by a working lessee exceeds the rent customary in the district, and partly represents a return for expend- iture on the part of any proprietor of the minerals which would ordinarily have been borne by the lessee, the Commissioners shall substitute as the rental value of the right to work the minerals or the mineral wayleaves, as the case may be, such rent as the Com- missioners determine would have been the rent customary in the district if the expenditure had been borne by the lessee. . . . 26. Valuation of Land for Purposes of Act (i) The Commissioners shall, as soon as may be after the pass- ing of this Act, cause a valuation to be made of all land in the United Kingdom, showing separately the total value and the site value respectively of the land, and in the case of agricultural land the value of the land for agricultural purposes where that value is different from the site value. Each piece of land which is under separate occupation, and, if the owner so requires, any part of any land which is under separate occupation, shall be separately valued, and the value shall be estimated as on the thirtieth day of April nineteen hundred and nine. 4l6 BRITISH SOCIAL POLITICS (2) Any owner of land and any person receiving rent in respect of any land shall, on being required by notice from the Commis- sioners, furnish to the Commissioners a return containing such par- ticulars as the Commissioners may require as to the rent received by him, and as to the ownership, tenure, area, character, and use of the land, and the consideration given on any previous sale or lease of the land, and any other matters which may properly be required for the purpose of the valuation of the land, and which it is in his power to give, and, if any owner of land or person re- ceiving any rent in respect of the land is required by the Commis- sioners to make a return under this section, and fails to make such a return within the time, not being less than thirty days, speci- fied in the notice requiring a return, he shall be liable to a penalty not exceeding fifty pounds to be recoverable in the High Court. (3) Any owner of land may, if he thinks fit, furnish to the Com- missioners his estimate of the total value or site value or both of the land, and the Commissioners, in making, their valuation, shall consider any estimate so furnished. . . . 28. Periodical Valuation of Undeveloped Land For the purpose of obtaining a periodical valuation of unde- veloped land the Commissioners shall, in the year nineteen hundred and fourteen and in every subsequent fifth year, cause a valuation to be made of undeveloped land showing the site value of the land as on the thirtieth day of April in that year, and, for the purpose of ascertaining the value at that time, the provisions of this Act as to the ascertainment of value shall apply for the purpose of ascer- taining value on any such periodical valuation as they apply for the purpose of ascertaining the original value : Provided that if on any such periodical valuation the valuation of any undeveloped land which is liable to undeveloped land duty is for any reason begun but not completed in the year of valuation, the Commissioners may complete the valuation after the expiration of the year of valuation, subject to an appeal under this Act, . , . THE LLOYD GEORGE BUDGET 417 Part II Duties on Liquor Licences [Clauses 43-53-] Part III Death Duties 54. Amended Rates The scale set out in the Second Schedule to this Act'' shall, in the case of persons dying on or after the thirtieth day of April nineteen hundred and nine, be substituted for the scale set out in the First Schedule to the Finance Act, 1907, as the scale of rates of estate duty, and two per cent shall be substituted for one per cent in section seventeen of the Finance Act, 1894 (in this Part of this Act referred to as the principal Act), as the rate of settlement estate duty. . . . Part IV Income Tax 6s. Income Tax for igog-igio (i) Income tax for the year beginning on the sixth day of April nineteen hundred and nine shall be charged at the rate of one shilling and twopence. . . . 66. Super-tax on incomes over £5,000 (i) In addition to the income tax charged at the rate of one shilling and twopence under this Act, there shall be charged, levied, and paid for the year beginning on the sixth day of April nineteen hundred and nine, in respect of the income of any individual, the 1 Cf. infra, p. 420. 4l8 BRITISH SOCIAL POLITICS total of which from all sources exceeds five thousand pounds, an additional duty of income tax (in this Act referred to as a super-tax) at the rate of sixpence for every pound of the amount by which the total income exceeds three thousand pounds. (2) For the purposes of the super-tax, the total income of any individual from all sources shall be taken to be the total income of that individual from all sources for the previous year, estimated in the same manner as the total income from all sources is estimated for the purposes of exemptions or abatements under the Income Tax Acts ; but, in estimating the income of the previous year for the purpose of super-tax, — {a) there shall be deducted in respect of any land on which income tax is charged upon the annual value estimated otherwise than in relation to profits (in addition to any other deduction) any sum by which the assessment is re- duced for the purposes of collection under section thirty- five of the Finance Act, 1894, or on which duty has been repaid under the provisions of this Act relating to the repayment of duty in respect of the cost of maintenance, repairs, insurance, and management ; and (p) there shall be deducted the amount of any premiums in respect of which relief from income tax may be allowed under section fifty-four of the Income Tax Act, 1853 (as "extended by any subsequent enactment) ; and ( 397 ; o» parliament bill and Lansdowne resolutions, 431, 437, 498 sqq. Richards, T. F., on minimum wage, 219, 238 sqq. Right to Work Bill, 210 Ripon, Bishop of. See Boyd-Car- penter, William Ripon, Marquess of, 14 Roads, 314 sq., 332, 340 sqq. Rosebery, Earl of, on old age pen- sions, 133, 163 sq. ; on self-reli- ance, 161 ; on the budget, 352, 58o BRITISH SOCIAL POLITICS 355 sqq- ; on the constitution, 399 sqq. ; onreforjnof House of Lords, 422, 424 sq. ; on parliament bill, 431. 438, 494 sq. Ruskin, 263 Sadler, 217 St. Aldwyn, Viscount, on old ^ge pensions, 133 ; on parliament bill, 436 sq. Salisbury, Marquess of, on minimum wage for sweated labour, 220, 245 sqq. Samuel, Herbert, on child welfare, 109, 124 sqq. Self-reliance, and old age pensions, 165 sq. ; and national insurance, 561 sqq. Shackleton, D., on the Lords' veto, 421, 456 sqq. Shaftesbury, 6, 217 Sheffield, Lord, on the budget, 357, 390 sq. Sickness insurance. See National insurance Sinclair, John, 14 Small Holdings and Allotments Act (1907), 265, 281, 330 Small Landholders Act for Scotland (1911), 265 Smith, F. E., on trade unions, 78 ; on unemployment, 186, 206 sqq. Snowden, Philip, on the budget, 350, 356, 381 sqq. Socialism, as distinct from Liberal- ism, 135 ; and land development, 327 sq. ; and the Lloyd George Budget, 348, 350, 381 sqq., 392 sq., 396 ; and the parliament bill, 433 Stamp duties, 375, 419 sq. Super-tax, 318, 373 sq., 417 sqq. Sweated labour, 217 sqq. Taff Vale decision, 12, 77 Tariff. See Free Trade, and Pro- tection Taxation, 369 sq., 379 Tenement houses. See Housing Tennant, H. J., on minimum wage, 219, 226 sqq. Tory party. See Conservative party Toulmin, George, 218 Town . planning, 263 sq., 271 sqq., 279 sq., 302 sqq. ; and finance, 347 Trade Boards, 205, 220 sqq.; debate on Bill (1909), 218 sqq. ; Act, 247 sqq. Trade Disputes Bill (1906), debate on, 77 sqq., 443 sq. ; statute, 85 sqq. Trade Union Act (1871), 79, 87 sqq.; Act (1876), 79, 95 sqq. Trade unions, 13, 15, 77 sqq.; and national insurance, 541 sq., 564 Tweedmouth, Lord, 14 Undeveloped land duty. See Land taxes Unearned increment, tax on, 318, 377. 409 sqq. Unemployed Workmen Bill (1905), 13 sq. Unemployment, 185 sqq.; insurance, 186, 199 sqq., 365 sq. ; and land development, 329 sq. See also National insurance Unionist party. See Conservative party United States, social politics in, 4 ; labour exchanges in, 193; sweated labour in, 228; Second Chamber in, 425, 460 sq. Veto, Lords'. See Lords, House of, and Parliament Bill Walton, Sir John, on trade unions, 77 sqq. Walton, Joseph, on workmen's com- pensation," 21, 46 sq. Wemyss, Earl of, on old age pen- sions, 133, 160 sqq. Willoughby de Broke, Lord, on the budget, 357, 392 sq. ; on parlia- ment bill, 436 Wilson, W. T., on meals for school children, 108, 1 10 sqq. Workmen's Compensation Bill (I905),l3sqq.; Bill (1906), 20 sqq., 506; Act (1906), 47 sqq. ; Anglo- French Convention on, 72 sqq. Workmen's insurance. See National insurance Date Due Jl^f^S^^ ^ir %) PRINTED IN U. S. A. Cornell University Library HN 389.H4 British social politics; materials illust 3 1924 002 692 725 i