D 570 .8 ■ C8 m Copy 1 Mital Edge, Inc. 2007 FAT. D 570 .8 .C8 U4 Copy 1 IDLENESS AIDS THE ENEMY STATE OF WEST VIRGINIA State Council of Defense CHARLESTON REPORT OF SECRETARY ON THE OPERATION OF THE COMPULSORY WORK LAW FOR THE YEAR ENDING JUNE 19, 1918 TAKING THE SLACK OUT OF SLACKERS 0. or i»» MAY t5 1919 I] 510 STATE COUNCIL OF DEFENSE EXECUTIVE COUNCIL John J. Cornwell, Governor, Chairman Wm. S. Johnson, Treasurer Houston G. Young, Sec'y of State, Secretary M. P. Shawkey, Supt. of Schools John S. Darst, Auditor E. T. England, Attorney General Jas. H. Stewart, Commissioner of Agriculture ADVISORY COUNCIL C. P. Snow, Huntington, Vice Chairman Lynn S. Hornor, Clarksburg D. A. Arnold, Keyser J. W. Scott, Wheeling T. C. Atkeson, Buffalo W. C. McConaughey, Parkersburg H. O. Aleshire, Huntington G. O. Nagle, Wheeling G. H. Caperton, Charleston Dr. J. E. Rader, Huntington Mrs. Jos. G. Cochran, Parkersburg William Rogers, Fairmont Dr. John Lee Coulter. Morgantown C. A. Short, Shinnston Howard Gore, Clarksburg J. V. Sullivan, Secretary, Charleston REPORT OF THE SECRETARY Sept. 20, 1918. To Hon. Jno. J. Cornwell, Chairman, and the Members of the State Council of Defense: The West Virginia Legislature, at the second extraordinary session. May 14-26, 1918, enacted a compulsory work law, a statute designed to prevent idleness and vagrancy during the period of the war. It was the first legislation of this character enacted by any State of the Union and was an expression from the legislative branch of the government defining the moral duty of those able-bodied citizens of the State who were not subject to the operation of the selective service law. It was the aim of the Legislature by this enactment to compel every male citizen who was physically able, between the ages of 16 and 60 years, to contribute not only to the support of himself and those dependent upon him, but also to the support of the men who were called into the service of the Nation. This act of the Legislature, which has since been popularly designated as the Idleness and Vagrancy Act, was passed on May 19th and became effective thirty days after passage. The State Council of Defense will recall that in September, 1917, I made a report to your honorable body, covering the operation of the act for a period of two months, showing a total number of arrests of 183 in 25 towns and cities out of 54 municipalities which reported as requested. At the expiration of one year from the date the statute became effective I made another canvass of the municipalities of the State for the purpose of securing information relative to the enforcement of the act. I have secured reports from 143 cities and towns out of 203 incorporated municipalities showing 811 arrests have been made in that period of time. These figures do not include, except in one or two instances, the arrests made by justices of the peace. SLACKERS FORCED TO WORK In seeking this information from the municipal authorities, I also requested them to estimate the number of loafers who were forced to engage in some lawful and useful occupation for fear of arrest under the provision of this act. From 103 cities and towns I received estimates aggregating 2,705 persons. The Chairman of the State Council will recall that in his message to the war session of the Legislature he recited that a police census taken of the unemployed showed an amazing number of men who were idle. These arrests and those who were forced to seek employment confirm the disclosures made by that census taken at the outbreak of the war. While requesting reports from the various municipal authorities I also solicited the opinion of the Mayors of these cities and towns concerning their personal opinion of the act. Without a single exception there was a unanimity of opinion that the legislation was of a most important character, many declaring that it was the best law ever enacted by the State and many others advocating the permanent retention of the law on the statute books. Before setting forth in detail the reports from these municipali- ties, permit me to say that a vigorous effort has been made to have the local peace officers enforce this statute. In response to an appeal from the Governor of the State the newspapers gave liberal space to demands for the enforcement of the act, while letters were mailed from this office to every peace officer in West Virginia and to the individual members of the County Councils of Defense, reciting the necessity that existed for every man to be engaged in a lawful and useful occupation. An opinion from the Attorney General in which he stated that it was the duty of all peace officers, such as Mayors and Justices of the Peace to enforce this statute without waiting for citizens to initiate complaints, dispelled jLhe doubt that existed in the minds of many of the officials in the smaller and more remote localities that they were without jurisdiction to try offenders unless some citizen stepped forward and swore to a complaint. Another opinion by the Attorney General, showing that the burden of proof rested upon the alleged offender to show that he had worked the required thirty- six hours per week, has also been a factor in securing more uniform enforcement of the act. ECONOMIC VALUE OF LAW From an economic standpoint the enactment of the compulsory work law has been a signal success. It has paid, many times over, the cost of the special session of the Legislature which enacted it. Heretofore, I have advised you that 811 persons were arrested and 2,705 persons had engaged in lawful employment for fear of arrest. This is a total of 3,516 persons who have gone to work. Taking |500 as their average annual compensation in one year these former idlers have earned $1,758,000. This is, indeed, a low estimate of the wealth created by the operation of the statue, for I am convinced that at least 5,000 persons in the State have been forced to find employment which would increase this newly created wealth or earning ca'pacity to $2,500,000. Although the statute has not been enforced in some of the mining communities with the zeal that should mark the work of the local officers in time of war it has been a factor in the prosecution of the war insofar as it has tended to increase the production of coal by keeping those miners who are disposed to remain idle at their em- ployment for at least thirty-six hours per week. 6 On July 2, 1918, the State Council of Defense adopted a resolution requiring employers of labor to report weekly the names and addresses of their employes who failed to work the required thirty- six hours per week. More than 3,500 letters were mailed out from this office to those who had been reported for failure to work the thirty-six hours required by the act, reciting the necessity for increased coal production and requiring the reported employe tO'' file here his reason for absence from employment. Never before have I realized that the human family was afflicted with so many boils as these slackers reported, while the belief that had existed in my mind that smallpox had succumbed to modern science, was. entirely dissipated by the explanations I received. Many of those reported, of course, were idle for legitimate reasons. SIMILAR ACTS IN OTHER STATES It may be interesting for the Council to know that since the enactment of the West Virginia law, similar statutes have been enacted in Maryland, Kansas, Minnesota, South Dakota and New Jersey, while the Council of Canada made idleness a crime by an order in Council promulgated on April 4, 1918. President Wilson has also asked all the States to enact similar legislation. Hon. W. S. John, of Monongalia County, member of the House .of Delegates, who framed the law, in a letter to the Secretary says, "the Dominion of Canada has placed its law solely upon the ground that every able-bodied man owes a useful and productive service, regardless of the social duty of caring for dependents. Our law embraces both ideas." Some of the larger cities of the State have been lax in the enforce- ment of this act. I was reliably informed that in Weston no effort had been made to enforce the law, although there were many loafers in that city. The Mayor of the city refused to respond to inquiries asking for an explanation of his failure to enforce the laws. Grafton is another of the larger municipalities from which I have been unable to collect information relative to the enforcement of the vagrancy act. I sought to secure the data needed from both the mayor and chief of police. Neither responded to my request for information. Sistersville is another city of considerable size which failed to make a report. Other incorporated cities and towns which failed to make reports as requested are: Anawalt, Ansted, Avis, Bath, Belington, Bethany, Beverly, Bolivar, Brooklyn, Burks, Garden, Camden-on- Gauley, Centerville, Clark, Clendenin, Elm Grove, Eskdale, Falling Springs, Fayetteville, Frametown, Grantsville, Hambelton, Hamlin, Harrisville, Hawk's Nest, Hedgesville, Hundred, Kermit, Keyser, Kimball, Layopolis, Leon, Lumberport, Martinsburg, Matoaka, Moorefield, Newell, Oakvale, Patterson, Piedmont, Pleasant Valley, Princeton, Rainelle, Ranson, Reedsville, Reedy, Riverside, Siebert, Smithfield, South Buckhannon, Webster Springs, Wellsburg and Westover. ^ MUNICIPAL ENFORCEMENT In the accompanying statement of cities and towns reporting, Charleston shows the greatest number of arrests. I made a personal inspection of the docket showing 344 arrests, many of which were the result of the importation of laborers by employment agencies to the government plants in this vicinity. The chief of police estimated that more than 500 men had been forced into regular productive employment through fear of arrest. He also expressed the opinion that the statute was particularly effective in securing prosecution of persons who were known to be bootleggers, but where the evidence could not be secured to convict of violations of the prohibitory law. Huntington was second among the cities in the number of arrests made, a special drive having been made during one period of the year to round up the industrial slackers. The statement from municipalities I am submitting shows the activities of the larger majority of our cities and towns, but the bare figures in some instances do not give complete information. For instance, the report from Clarksburg covers only the work of the present city administration but Mayor Joe Creddock says it is the best law ever enacted. In Parkersburg the mayor advises me the prosecution of the offenders is before a Justice of the Peace, the police of the city assisting that magistrate. In Marshall County the sheriff and prosecuting attorney have been active in the enforce- ment of the law, the mayor of Moundsville, this city not shown in the list, reporting that the county officials are enforcing the statute. Peace officers who desire to enforce this statute say in their reports that it is not only effective in compelling idlers to find employment but it has also served to suppress other forms of law- lessness. Mayor Henry of Alderson who reports seven arrests says that the compulsory work law has practically eliminated the thief in that tity. Bayard is a typical West Virginia town of 1,200 inhabitants, in Grant County, where there is a large agricultural population. George E. Snyder, the mayor, wrote, "It forced men to go to work here that had not worked for years. If idle, I simply notify them to go to work. No one has failed to do so at once. I limit time to forty-eight hours for them to find employment. Best law we have ever had." J. A. Phillips of Blacksville reports that heretofore loafing has been four times as great as during the past year. "Fine law", says E. H. Smith, mayor of Ceredo, 1,300 souls, ^'Could not do without this act. Because of it there is not a loafer in this town today." The mayor of Charles Town says that formerly the streets of that city were full of idlers. "Today everyone is working." "I think the Vagrancy Act has been productive of great good. I would like to see the law become a permanent law of the land. Idleness is the greatest of crimes. All children, male and female, should be taught to labor in some form of productive employment." — Mayor Anthony Bowen of Fairmont. J. W. Cox, Justice of the Peace, at Hendricks, works with Mayor Burley in the enforcement of the law. He is 63 years old but when not w^orking at his desk he is employed in other work. Kenova is a railroad junction point on the boundary line of three states. No arrests are reported but the mayor says that five or six men are arrested almost daily and put to work at the local industrial plants. Twenty-one men were loafing in Mount Hope when the law was passed. They have gone to work. Only four arrests were necessary. "Never repeal it," is the advice of Mayor I. L. Fordyce of Penns- boro. "Our public square is empty. It has caused several to go to work", says E. B. Shaffer, mayor of Philippi, a city of 2,500 in- habitants. J. II. Shock, mayor of Rosedale, Braxton County, says that too much leniency is shown the loafers in the county. He suggests the appointment of a man in each county, "to list the loafers, ascertain their ages and ability." "It rids the community of gamblers and undesirables", is the report of Mayor John B. Wyatt of Shinnston. B. Hampton Gray, of Welch, expresses the opinion in his report that it is a "good piece of legislation but it should be amended to apply to strong, healthy women as well as men. We have a large number of women who are doing nothing at this trying hour." At least a dozen mayors in their reports to the Council say the act should remain in force after the termination of the war. The figures submitted while showing patriotic efforts upon the part of some of our municipalities, discloses also that other cities and towns have been too lax in the enforcement of the compulsory work law. If the prosecuting attorneys of the several counties, the justices of the peace and the mayors of our cities and towns would put zeal and determination in their efforts to free the State of loafers, it is a certainty that every able-bodied male citizen between sixteen and sixty years of age would engage in lawful and productive employment not only for the required thirty-six hours, but would give a full day's work six days in the week to the production of those essentials necessary to maintain our fighting men in the field. These officials are a part of our machinery of government and they should, in this critical period, be most active in the enforcement of those statutes which have a direct bearing on the outcome of the world war. The Legislature has vested in these officers the responsibility for the execution of this specific statute. MUNICIPAL STATISTICS Herewith find a tabulated statement from cities and towns which submitted reports: Number No. Forced Name of Town Population Arrests to Work Alderson 1,600 7 35 Athens 800 10 Auburn 300 2 Barboursville 1,200 15 Bayard 1,200 20 Beckley 4,000 2 30 Benwood 5,000 6 6 Blacksville 300 8 Bluefield 15,000 20 Bramwell .. 2,000 3 Brandenville 60 Bridgeport 1,500 50 Bruceton Mills 150 6 Buckhannon 5,000 20 Buffalo.: 200 20 Burnsville 1,200 12 Cairo 700 Cameron 2,300 6 Cass 1,200 2 Cassville 700 2 15 Cedar Grove 1,000 6 Ceredo 1,300 15 Charles Town 3,500 5 50 Charleston 40,000 344 500 Chester 2 Clarksburg 35,000 7 Clay 500 2 Cowen 400 1 10 Danville 350 Davis 3,500 10 Durbin 300 East Bank 700 6 Edgewood 2,500 Elizabeth 650 4 Elkins 8,000 12 ....;.... EUenboro 275 East Lynn Fairmont 18,000 33 100 Fairview 800 1 ' 6 Farmington 600 4 Flatwoods 350 2 10 Name of Town Population Number Arrests No. Forced to Work 3,500. . 4 100. 275. 1,500 1 1 25 2 1,300 700 10 350 800. 4 20 800 . 800 210 400 1,000. 6 30 10 5,000 '2,000. 31 100 3 50,000 550. 200. 250. 100 250 20 6 500 .... 1 000 - 2,000 6 . 2,000 1,500 11 30 05 300 . . 1,000 750. 4,000 1,200 15 3 30 5 15 1 600 1 10 6,000. 1,250 800. 6 1,000. 4 1,000 1 12 1 3 35 4 3,800 12 800. 25 700. 15 1,000 25 2,165 5 2,500 50 100. 14,000 5 4 1 3' 3,000 21 3,000 12 800. 50 2,200 3 Follansbee Frankford Friendly Fulton Gassaway Glen Jean Glenville Harding Harpers Ferry Hartford Hillsboro Hendricks Hill Top Hinton Holliday's Cove. . . Huntington Hurricane Huttonsville Hot Coal Jane Lew Junior Kenova Keystone Kingwood Lester Lewisburg Littleton Logan Mabscott Madison Mannington Marlinton Mason City Masontown Matewan McMechen Mill Creek Middlebourne Milton Monongah Montgomery Montcoal Morgantown Mt. Hope Mullens Newburg New Cumberland. 11 Number No. Forced Name of Town Population Arrests to Work New Martinsville 2,800 6 Norlhfork 500 3 5 Oak Hill 1,000 10 Parkersburg 23,000 16 Parsons 2,500 15 Paw Paw 900 6 15 Pennsboro 2,500 15 Petersburg 800, Philippi 2,500 25 Pineville 250 3 Pine Grove 600 4 Pt. Pleasant 3,500 Pratt 300 8 Pullman 400 25 Richwood 4,000 6 10 Ridgeley 1,200 10 Ripley Rivesville 300 3 Romney ' Ronceverte 3,500 1 Rosedale 280 7 Rowlesburg 1,000 75 St. Albans 2,600 6 Salem 3,500 12 Scarbro 3,000 8 6 Shepherdstown 1,500 20 Shinnston 3,000 4 25 Sophia 200 2 15 Spencer 1,250 Star City 900 4 St. Marys 2,200 6 Summersville 400 Sutton 1,600 2 10 Terra Alta 1,500 1 15 Thomas 2,400 3 12 Thornwood 150 25 Thurmond 500 10 Triadelphia 600 2 4 Troy 85 5 Tunnelton 800 Union 500 12 Wardensville 200 2 Warwood 4,500 6 20 Wayne 500 30 Welch 2,500 14 West Union 1,200 5 Wheeling 45,000 24 300 12 Number No. Forced Name of Town Population Arrests to Work White Sulphur Springs 1,000 2 15 Whitmer 500 10 Williamsburg 200 Williamson 6,500 20 75 Williamstown 1,300 15 Winfield 450 Womeldorff 300 6 Worthington 400 6 433,900 811 2,705 Respectfully submitted, J. V. SULLIVAN, Secretary. 13 WEST VIRGINIA COMPULSORY WORK LAW An ACT to prevent idleness and vagrancy in West Virginia during the continuance of the war in which the United States is now engaged. Be it enacted by the Legislature of West Virginia: Section 1 . It is hereby declared to be the duty of every able bodied male resident of this state, between the ages of sixteen and sixty years, to habitually and regularly engage in some lawful, useful and recognized business, profession, occupation or employment whereby he may produce or earn sufficient to support himself and those legally dependent upon him. Sec. 2. From the time this act becomes effective, and thence-forward until six months after the termination of the present war between the United States and the Imperial German government, any able bodied male resident of this state between the ages of sixteen and sixty, except bona fide students during school term, who shall fail or refuse to regularly and steadily engage for at Isast thirty-six hours per week in some lawful and recognized business, profession, occupation or employ- ment, whereby he may contribute to the support of himself and those legally dependent upon him, shall be held to be a vagrant within the meaning and effect of this act, and shall be guilty of a mis- demeanor, and upon conviction thereof, shall be fined not more than one hundred dollars for each offense, and as a part of such sentence and punishment such offender shall be by the trial court ordered to work not exceeding sixty days upon the public roads or streets, or upon some other public work being done by and in the county in which such person shall be convicted, or by any munici- pality therein. One-half of the fair value of any such labor so performed under such sentence, shall be paid by the county or municipality receiving the same toward the support of any persons legally dependent upon such vagrant, but if there shall be no such legal dependents, then no payment shall be made on account of any labor performed under such judgment. Any labor so required by a judgment of conviction hereunder shall be rendered in all respects as is now provided by law in the case of other prisoners in jail. Prosecutions for vagrancy hereunder shall be instituted and conducted as other criminal prose- cutions, and in no case shall the possession by the accused of money, property or income sufficient to support himself and those legally dependent upon him be defense to any prosecution under this act. In no case shall the claim by the accused of inability to obtain work or employment be a defense to a prosecution hereunder, unless it shall be proved that the accused promptly notified the proper representative of the state council of defense of his inability to obtain employment, and requested that work or employment be found for him, and that such employment was not furnished him. Sec. 3. All justices of the peace, mayors and police judges within the state are hereby given jurisdiction to try and punish all offenders under this act, or such prosecution may be by indict- ment. Each week or portion thereof that such resident shall continue a vagrant hereunder shall constitute a separate offense, and no appeal shall be allowed from any judgment of conviction for vagrancy, unless the accused shall give bond, with penalty and security to be fixed and approved by the court granting the appeal, conditioned not to violate this act during the pendency of such appeal. Any judgment for the performance of labor hereunder may be suspended by the court pronouncing the same, upon the execution by the person convicted of a bond, with the penalty and security approved by the court, conditioned to comply with the provisions of this act for one year from the date of such bond. A violation of the condition of such last mentioned bond shall entitle the state to recover the amount of the penalty thereof, and in addition thereto the convicted person shall be rearrested and required to serve the sentence formerly pronounced against him. Sec. 4. For the purposes of this act any male person found in this state shall be deemed a resi- dent, and in any prosecution hereunder, proof that the accused habitually loiters in idleness in streets, roads, depots, pool rooms, hotels, stores or other public place, or that he is habitually intoxi- , cated, or is addicted to the use of anrcotic drugs, or is a professional gambler, or, being able bodied "X^a supported in whole or in part by the labor of any woman or child, shall be prima facie evidence of vagrancy. Sec. 5. All acts and parts of acts in conflict with this act, or any part hereof, are hereby repealed. 14 JURISDICTION AND DUTIES OF LOCAL OFFICERS (An opinion by Attorney General E. T. England.) June 27. 1918. Mr. J. V. Sullivan, Secretary State Council of Defense, Chaileston, W. Va. Dear Sir: I have before me your letter of the 19th instant, in which you refer to the Vagrancy Act of the Second Elxtraordinary Session of the Legislature of 1917, which requires all able-bodied citizens between sixteen and sixty years of age to engage in some useful, lawful and recognized business, profession, occupation or employment for a certain number of hours in each week; and you ask if it is the duty of all peace officers to enforce this act without complaint being initiated by citizens, you being under the impression that it is a part of their sworn duty as peace officers so to act. Prosecutions under the Vagrancy Act of 1917 are instituted and conducted as other criminal prosecutions, and justices, mayors and police judges are given jurisdiction to try and punish under the act. It is clearly the duty of all peace officers, and all other officers, to see that this law is en- forced. Any justice, mayor or police judge, or any policeman, constable or sheriff, or officer of like character, has the right to arrest, or cause the arrest, of any person violating any criminal statute in his presence, and forthwith have him tried, and punished if found guilty. You will recall that at common law a peace officer has no right to make arrect of a person charged with a misdemeanor, except upon a warrant issued by a court of competent jurisdiction, unless the offense is committed in his presence. If any peace officer be cognizant in his own knowledge of a violation of the vagrancy act, it is his duty to enforce the act without the formality of a complaint by a citizen. And it is equally the duty of all persons other than officers, knowing of a violation of the act, to make com- plaint and thus uphold the law. Very truly yours, E. T. ENGLAND. Attorney General.] By LIVELY Assistant. 15 iSSafiL^^iyG^ Q^Q ^^^•^..m^