Law -- England; Poor -- England; Poor laws -- England; Working class -- England
In great colliery, shipping, or railway disasters subscriptions were made,
no doubt, just as they are to-day, but the little obscure cases that mount
up to many thousands in the annual statistics of the industrial killed and
wounded were left to chance and charity.
The Employers' Liability Act of 1880 gave certain workmen limited rights
of action in special cases. It was a prudent conservative measure brought
in by a Liberal Government, and, of course, it was predicted that it would
ruin every industry in the country. It must have cost industry a big bill
in lawyer's fees. Every case under the Act was fiercely litigated, and
might go from the County Court through two Courts of Appeal to the House
of Lords.
I do not like to write ill of the poor statute. It is not actually dead,
but moribund, and in the years gone by, when we were both young fellows I
had many a good outing at the old fellow's expense, and he did me very
well indeed. Therefore, of the Employers' Liability Act of 1880 I will say
no more than the man in the gallery did about the bride when the minister
asked, "Who giveth this woman away?" "I could, guv'nor, but I ain't going
to."
But when we come to the Workmen's Compensation Acts that is another matter
altogether. The County Court judges have never received a penny for the
extra work thrust on them by these Acts, and therefore there can be no
indelicacy or indiscretion in speaking one's thoughts plainly about the
system.
And of the idea, and to a great extent of the achievement, of Mr.
Chamberlain's scheme--for to him must the praise and honour be given for
bringing it about--one cannot speak too highly. The theory at the bottom
of it is exactly the opposite of the theory at the bottom of the judges'
decision against poor Priestley. It is best put in these memorable words
of Mr. Asquith:
"_When a person, on his own responsibility and for his own profit, sets in
motion agencies which create risks for others, he ought to be civilly
responsible for his own acts._"
That is the Magna Charta of workmen's compensation. It cannot be better
stated. And the promises and intentions of the new Act were splendid. For
Sir Matthew White Ridley said that the Act would prevent uncertainty, and
the parties would know what their rights were, and that it provided a
simple and inexpensive remedy and would prevent litigation. Mr.
Chamberlain pointed out that up to then, in 1897, only 12 per cent. of
accidents were dealt with, but that he hoped that now the other 88 per
cent. were to be brought in.
Public-domain text, read in full here on John Shaqi.
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