The Vagrancy Problem.: The Case for Measures of Restraint for Tramps, Loafers, and Unemployables: With a Study of Continental Detention Colonies and Labour HousesDawson, William Harbutt
History
The Vagrancy Problem.: The Case for Measures of Restraint for Tramps, Loafers, and Unemployables: With a Study of Continental Detention Colonies and Labour Houses
Dawson, William Harbutt
Poor laws; Poor laws -- Great Britain; Tramps; Unemployed
The reason advanced for the amendment of the law was that the number
of wife deserters had for a long time been on the increase, and that
existing measures had proved ineffectual.
There has been a good deal of controversy upon the question whether
the enactment of forced labour for Poor Law defaulters conflicts with
Section 361, paras. 5, 7, and 10, and Section 362 of the Imperial Penal
Code, but the judgment of the Imperial Department of Justice is in the
negative, provided that such labour be required by way of restitution
of relief afforded, and not as a punishment for misdemeanour, and that
no definite term of detention be imposed. Institutions established
for the reception of such persons, therefore, must be regarded as
reformative in character, and not in any formal sense as penal.
It is unlikely that a British Legislature would be willing to depute to
Poor Law Authorities, even of the reformed type proposed by the Poor
Law Commission, power to put to forced labour defaulters of the kind
referred to. Nor does it accord with our national ideas of justice that
the same authority--in this case a civil body--should be able to act
simultaneously as plaintiff and judge. The Legislature of the State
of Hamburg entertained scruples upon both these points, and for that
reason, besides allowing an offender to answer a proposal of committal,
both in person and by legal adviser, it devised a double form of
appeal. In this country the only practicable form of procedure would be
by magisterial order, as at present, except that defaulters would, on
conviction, be committed to a Labour House for disciplinary treatment,
instead of as now to prison.
Among the German towns in which Poor Law Authorities possess and
enforce the powers here referred to, are the four Saxon towns of
Dresden, Leipzig, Chemnitz, and Plauen, also Stuttgart, Hamburg,
Oldenburg, Ulm, Heilbronn, Ludwigsburg, Rostock, Schwerin, and Dessau.
I have described the Dresden Labour House in another place,[66] and
it will be sufficient for present purposes to summarise the principal
characteristics of the Leipzig institution.
[Footnote 66: "The German Workman: a Study in National Efficiency," pp,
293-301 (London: P. S. King & Son, 1906).]
MUNICIPAL LABOUR HOUSE AT LEIPZIG.
This municipal Labour House is one of the oldest institutions of the
town, for the building was anciently a monastic hospital; later it
served for the reception of orphans, deserted and neglected children,
imbeciles, etc., and it has been applied to its present purpose for
some seventeen years.
The Labour House is officially described as serving for "the detention,
suitable employment, and moral improvement" of the following classes of
people:--
(_a_) Work-shy, intemperate and dissolute persons who, owing to their
mode of life, become chargeable, or cause others for whose maintenance
they are responsible to become chargeable, to the Poor Law.
Public-domain text, read in full here on John Shaqi.
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