and act and react on one another, and that if factory legislation and
administration are to be really effective they must keep pace with the
times and adapt themselves to changing conditions.
The fact that so large a number of additions and modifications have
been made in our factory legislation since 1802, when the first
intervention of the State on behalf of factory children took place,
shews that some attempt at least has been made to grapple with this
part of the question. It may suffice for our immediate purpose to note
the clear intention and spirit of British factory legislation; viz.,
the protection of those who are unable to help themselves in the matter
of securing humane conditions of labour. Thus, the State does not allow
children to work all their time in a factory until they are thirteen
years of age, and not then unless they have attained to a standard of
school proficiency, which is fixed by the Secretary of State; nor does
it allow half-timers to begin work until they are eleven. Then again,
no child or young person of either sex under sixteen years of age is
allowed to enter a factory without obtaining a certificate from the
certifying surgeon as to his or her fitness for the work. If a fatal
accident happens in a workshop, or a serious or fatal accident in a
factory, the certifying surgeon has to give in his report on the case.
Then again, night-work is absolutely forbidden for women and children.
But the State contemplates much more than this. It provides that
workmen as well as women and children shall secure conditions such as
are not prejudicial to their health and well-being. There are clauses
in the Factory Acts--permissive, it is true, for the most part--bearing
upon the efficient ventilation of factories and workshops, and
providing for the installation of fans in certain cases; for the
purifying of the atmosphere where noxious, poisonous, or offensive
matter or injurious dusts are given off in the process of work; and for
a certain allowance of space and air. Anyone who goes through the Acts
carefully can have no doubt that the protection originally accorded
to women and children has now in certain important respects been
recognised by the State as a claim to be enforced on behalf of every
class of workmen. Nor must we forget, in estimating the functions of
the State in relation to labour, that the Factory Acts form one of an
entire class of legislation which is based on the principle that human
life and health are the direct care of the organised community, and can
under no circumstances become, whether by hire or sale or any other
form of contract, the property of the employing class. Thus the Mines
Regulation Act forbids the employment of women underground, and fixes
the age of twelve as that in which boys may go below ground; whilst
it formulates a complete and most elaborate code of precautionary
measures in the interests of the workmen. The Employers’ Liability
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