Comparing the average number of apprehensions for mendicancy during the last five years with those of the first five in the table, a decrease will be found of from 21,371 to 20,199, in spite of a large increase in the population.

CHAPTER VIII.

THE TREATMENT OF VAGRANCY IN SWITZERLAND.

It is a noteworthy fact that the treatment of the vagrant and the loafer on disciplinary principles has been carried out most systematically in countries so fundamentally different in political government as Germany and Switzerland. In the Swiss Republic this question is regulated by Cantonal laws. The Federal Legislation on the subject, dating from 1850, merely orders that vagrants and mendicants shall be dealt with in the cantons in which they may be arrested in accordance with the laws of those cantons, yet adding that, if of foreign nationality, they shall be expelled from the country.

While, therefore, each canton makes its own vagrancy laws, the spirit of these laws is entirely free from the weak sentimentality which, in some respects, characterises our own. The law in force in the canton of Berne, for example, states that:

"Vagrancy, namely, the wandering from place to place of persons without means and without the object of obtaining honest employment, is punishable with imprisonment and hard labour not exceeding sixty days, or with committal to a labour institution for a term between six months and two years; on the repetition of the offence the vagrant is always to be committed to a labour institution."

Persons who apply for help from a Relief Station and refuse to accept suitable work when offered to them may be treated as "shirkers" (work-shy), and as such they are liable to detention in a labour institution for any period between several months and several years. The police are empowered to arrest beggars without special warrant, and the husbands and fathers who evade their domestic responsibilities, and even the town loafer who hangs about at street corners, may be apprehended and committed to a Forced Labour House by very summary process. These institutions are cantonal, and one of the best is that at Witzwil, established in 1895 by the Canton of Berne, and conducted by the Cantonal Police Authority.

The offenders detained at Witzwil are of five classes:—

(1) First offenders convicted of criminal offences or sentenced to a house of correction in the Canton of Berne, where the sentence does not exceed three years. Those likely to abscond, or belonging to other Cantons, are not accepted.

(2) Offenders sentenced to simple detention.

(3) Bernese offenders sentenced by Military Courts to a gaol or convict prison for not more than three years.

(4) Persons sentenced to a Labour House by legal process.

(5) Persons belonging to other Cantons.

The minimum term of detention is two months, the maximum five years, but one-third of the sentence may be remitted as a reward of good conduct.

A twenty years' contract exists between the Cantons of Berne and Neuchâtel under which the latter Canton is empowered on terms to send to Witzwil harmless prisoners whose sentences exceed two months. Some prisoners are also received from the Canton of Geneva. The arrangement is attended by certain disadvantages for Berne, but these are over-ruled by financial considerations.

The Witzwil Forced Labour Colony is situated between the lakes of Neuchâtel, Biel, and Murten, upon a tract of land known as the Great Moss, which has for centuries been subject to frequent inundations from the Aare and many smaller streams, but which, at the expense of the adjacent Cantons of Berne, Freiburg, Vaud, and Neuchâtel, assisted by the Federal Government, was, many years ago, brought into cultivable condition by diverting the main streams, and carrying out extensive drainage works.

The estate comprises about 2,000 acres, the larger part of which was bought, as marsh-land, from the adjacent communes some forty years ago by an Agricultural Co-operative Society for the purpose of development. On the failure of this Society the Canton of Berne became the owner in 1891 at a cost of about £30,000 for land and buildings, the latter then in bad condition. The communications are good, since there are two railway stations within two miles of the centre of the estate. The land is, on the whole, fertile when properly drained, and a portion of it is of excellent quality and suitable for winter wheat, clover, and grass; other portions are more suited to pasture, vegetables, and forestry, and there is a stretch of peat land and sand.

When the estate was adopted for the purpose of a Forced Labour Colony the first works carried out on a large scale were road making, drainage, and building, and these have greatly increased the value of the Colony. There are two distinct farms, Lindenhof and Nusshof, the latter being now used as a Voluntary Labour Colony for discharged prisoners. The Lindenhof Colony is the principal one, and the buildings there comprise (1) the administrative block; (2) a large prison, containing 100 habitable cells, punishment cells, school, church, sickroom, kitchen, offices, workrooms for tailors, shoemakers, saddlers, basket makers, and book binders, with other workrooms in which the prisoners can be employed in straw work, besom making, etc., in bad weather; also living and bedrooms for the attendants, out-buildings and cellars; (3) dwelling-house, with bakery, washhouse, laundry, and bedrooms for officers and attendants; (4) workshops for workers in iron and wood, with rooms for the necessary machines; (5) stalls and sheds for 270 cattle, 30 horses, and 150 pigs, hay and straw lofts, and dwellings for the farm servants and their families; (6) machine room and warehouses.

The buildings belonging to the Nusshof Colony comprise (1) two dwelling houses for the superintendent and his family and the assistants, quarters for discharged prisoners who have returned to Witzwil owing to their being without employment, and who receive food, lodging, and a small money payment in return for their labour; (2) stalls and sheds for 100 cows, several oxen, hay and straw lofts and cellars for root crops. The other buildings scattered about the estate include a cheesery, dwellings for hinds and their families and for turbary labourers, cattle-sheds, barns, and peat sheds, etc. There is an electric power and light station, and the principal depots are connected by telephone.

For some years all necessary buildings, roads, drainage, etc., have been done by the prisoners under the direction of paid overseers, and in this way the value of the estate has been greatly increased.

The number of prisoners varies from 110 to 150. As a rule, from two to five prisoners escape yearly (attempts not counted), but the majority of them are recaptured. Violent and exceptionally contumacious prisoners and those likely to escape are transferred to the convict prison at Thorberg.

The principles on which the prisoners are employed are defined as follows:—

(1) Work should, as far as possible, conform to the prisoners capacity and enable him on his discharge to earn his livelihood more easily.

(2) Prison work should be productive ("create actual values"), should entail muscular exertion yet not be injurious to health, and should yield as high a return as possible without injuring free labour.

(3) The work should be so arranged as to further the educative purpose of punishment.

The newly arrived prisoner soon falls into his place. He is at once dressed in the prison uniform and handed over to an overseer, who questions him as to his past occupation and capacity, and he is then assigned to a gang, as a unit of which he begins regular work the following morning. The prisoners' labour is divided between farm work of various kinds, works of reclamation, peat cutting, fruit and vegetable culture, forestry, and handicrafts. The men engaged on the land work in gangs of ten or twelve, each under the control of two unarmed officers. As to the latter it is said that great stress is laid on the importance of their not merely supervising the men, but taking active part in the work, so as to stimulate them by example, and also to get acquainted with them. The day's routine in summer is as follows:—5.30 (6.0 in winter) to 9.0, work; 9.0 to 9.20, interval for a light meal; 9.20 to 11.30 work; 11.30 to 12.30, dinner and rest; 12.30 to 4.0, work; 4.0 to 4.20, interval for a light meal; 4.20 to 7.0, work, followed by supper, house work, and bed. In winter the dark hours of work are spent in the barns or workshops, as may be expedient. The principal occupations in the latter are tailoring, shoe making, smithery, and carpentering, and most of the work done is for the institution. The men sleep, eat, and spend their spare time in separate cells, for intercourse between them is strictly discouraged.

Although no claim to payment is recognised a certain sum, not exceeding 2 francs (1s. 6d.) per month, is credited to every man's account, and the aggregate is paid out to him on discharge; his clothes are then thoroughly repaired or new ones are given to him, and his railway fare is paid, as far as the Swiss frontier, if necessary; in case of need relief is also given to a prisoner's dependents during his incarceration.

The dietary is as follows:—Morning, coffee with milk, potatoes and bread; noon, soup, with vegetables or flour, with meat and salad twice a week; evening, soup and fresh fruit (the latter being occasionally given with Sunday dinner as well). The daily ration of bread is from 22 to 27 ounces, while soup, coffee and vegetables are served to every man ad libitum.

The moral interests of the prisoners are not overlooked. There is a school for the benefit of such young men as choose to attend; every Saturday books and magazines of an edifying and entertaining character are distributed for use the following day; concerts and lectures are given from time to time; and the religious needs of the Colony are ministered to by two visiting chaplains. Letter-writing and visits of friends are allowed once a month.

The number of prisoners on January 1, 1908, was 156, 279 were admitted and 237 were discharged (including 2 deaths and 2 escapes) during the year, and there remained on December 31, 198. The maximum number detained was 198, and the minimum 154. Of the 279 new prisoners 204 were detained for the first time. Further, 172 were single men, 76 were married, 15 were widowers, and 16 were separated from their wives. As to occupations 107 were agricultural labourers, factory operatives, and general labourers, and the remainder represented more than thirty trades. There were 31 foreigners amongst the new prisoners (13 per cent. of the whole), 13 being Italians, 9 Germans, and 6 French. Of the sentences, 148 were for less than six months, 68 were for six and under twelve months, 51 were for one year and under two years, and 12 were for two years and over.

The total number of days worked during the year was 50,531, divided as follows:—

To look after and direct the work of this body of men 48 officers and employees of all kinds were necessary, comprising 3 general overseers, 1 machinist, 28 foremen and chief stockmen in the agricultural departments, 1 saddler, 1 tailor, 1 shoemaker, 1 wheelwright, 1 carpenter, 1 smith, 1 mason (the last seven being skilled men), 3 office employees, and 6 domestic servants.

The revenue in 1908 was £5,567, of which £4,602 was derived from the various departments of the farm, £740 from the workshops, and £225 from boarding fees paid by public authorities. The expenditure was £5,647, of which £1,041 fell to administrative costs, £3,997 to food and maintenance, and £445 to rent. It does not appear that interest on the original outlay is allowed for, but, on the other hand, a very considerable addition is made yearly to the value of the estate owing to the improvement works which are carried out.

The punishments awarded for offences against discipline during 1908 numbered 53, viz., 16 men were imprisoned for one night in the punishment cells for quarrelsomeness, disturbance, and laziness; 29 had one or two days' cell imprisonment for disobedience and contumacy, and 8 had from two to eight days' cell imprisonment for absconding, attempts at the same, and smuggling. "Our general impression of the discipline preserved in the past year," the Director reports, "is not unfavourable; more than one case of punishment might have been avoided if the overseers had always understood their duty better, and if their insubordinates had shown a better spirit, but when one remembers how keenly many of our inmates chafe against the loss of their liberty it is not surprising if now and then one loses control over himself. It is often difficult for the foreigners—especially the French—to obey orders, and with the exception of a Genevan, all the prisoners who tried to escape were foreigners."

Every endeavour is made to obtain settled work for discharged prisoners, but some are retained for a time as paid labourers, and others are taken in at the Nusshof branch of the Colony.

Nusshof is governed by separate regulations, which run as follows:—

"(1) The Administration of Witzwil has established at Nusshof a home for discharged prisoners, for the purpose of offering to such of them as desire to make a sensible use of their regained freedom, residence for a longer or shorter time by way of transition.

"(2) Engagement is by means of contract, which must be signed both by the colonist and the overseer of Nusshof.

"(3) The colonists are required so to conduct themselves as to give occasion to no complaints.

"(4) The colonists are required to observe the regulation in all particulars. Breaches of the same, such as drunkenness and disorderly behaviour, entail instant dismissal, to which the overseer may resort on his own responsibility.

"(5) The colonists may not leave the Witzwil estate without the permission of the Administration.

"(6) Colonists who show diligence and ability may find permanent employment in positions of responsibility.

"(7) The colonists receive free board and lodging, and in addition working clothes. Special contracts are concluded with artisans ensuring payment in money.

"(8) Colonists who enter in winter (i.e., between November 15 and the end of February) receive for this time no money payment. Those, on the other hand, who enter in summer and autumn (i.e., between March 1 and the end of October), and work to the satisfaction of the Administration, receive in winter also a reduced money payment to be fixed by the overseer.

"(9) The money payment ranges from 50 centimes to 1.50 franc (5d. to 1s. 3d.) per day. The overseer fixes the commencing wage.

"(10) During the period of the contract the Administration decides the amount of the money payment. Part of the wages shall be used for the provision of clothing and linen; the balance, if not necessary for the support of members of the colonist's family, is put away as savings. The Administration or the colonist's employer fixes the date at which the amount due to a colonist, together with his savings bank-book, shall be paid to him."

In 1908 the colonists at Nusshof numbered 62, and they worked 4,136 days, representing an average stay, including Sundays, of about eleven weeks, while money wages of £115 in the aggregate were paid to them.

Another Swiss Forced Labour Colony is that of St. Johannsen, near the lake of Bienne, established in 1884 by the Canton of Berne "for the improvement of disorderly and work-shy adults," and likewise administered by the Cantonal Police. It can accommodate 180 persons, but the usual complement is about 160. The area of the farm is some 400 acres, and the land is very similar to that at Witzwil, and has been reclaimed in the same manner. Here, too, farm work and simple trades—shoe making, carpentering, basket making, and smithery—are carried on side by side, and the general conditions of life, the length of the sentences, the prospects of remission, and the results are much the same in the two Colonies. Work is severe at St. Johannsen, and under the discipline some of the younger men are said to shed their idle habits, but little impression seems to be made upon the older ones.

A third Forced Labour Colony, at Gmünden, near St. Gall, serves the Canton of Appenzell, and was established in 1884, and its principal inmates are "able-bodied men, who from irregular or dissolute life, or work-shyness become a charge on the district, who require special supervision, who neglect their families, or who are guilty of disorderly conduct in the poor-houses"—such people being committed by the District Council, "in order to accustom them to hard work and regular life"—while others are police law offenders who have failed to pay fines imposed upon them by the magistrates. The estate consists of 100 acres, and the accommodation is for fifty inmates, but the average number is thirty-five. The principal economy of the farm is arboriculture, but part of the land is used as a dairy farm, and the trades of shoe-making, carpentering, and weaving are also followed. The average term of detention is a year in the case of the loafer, and three months in the case of the Police Court defaulters, but by good conduct a man may earn a partial remission of his sentence. As at Witzwil the officers are not armed, but there is no complaint of violence. Work is found for many of the men on leaving, and they often carry away with them a sum of money, the proceeds of a bonus on good work, which helps to give them a new start. The District Council pays £4 per annum for each person whom it commits, and by the aid of this charge and the proceeds of the men's labour the Colony is able to show a profit.

The Canton of Basle-Rural has a similar Colony at Liesthal, between Basle and Olten, recruited from the same classes of offenders as those at Gmünden. Only about seventy men can be received here, and special attention is given to plain industrial work, only the older colonists engaging in farm work. The District Councils commit to the Colony mendicants, loafers, habitual drunkards, and men who neglect to maintain their families, and pay between £2 and £3 annually per head for their support, but the Colony is far from being self-supporting.

It is maintained that mendicity has greatly decreased in Switzerland during recent years, and all who know the country will agree that, save in districts which are overrun by foreign visitors—yet not in all these—the beggar and the loafer are comparatively uncommon. Nevertheless, it would be wrong to attribute this immunity entirely to the existence of Forced Labour Houses and Colonies, though these have, no doubt, helped. It must be remembered that Switzerland has an excellent system of Relief Stations for wayfarers, and has of late years taken up the Voluntary Labour Colony movement with much zeal.[65] Further, the Swiss workman is far less restive than his colleague in Germany, for example, and the spirit of local patriotism tends to keep him in his native canton and often in his native commune, however small and sequestered it may be. Finally, the Swiss are probably the hardest working, as they are certainly the hardiest, people in Europe, and they deem voluntary idleness to be one of the most disreputable and culpable of social offences.

CHAPTER IX.

LABOUR HOUSES UNDER THE POOR LAW.

The practice of confining in forced labour institutions persons who, in various ways, have become defaulters under the Poor Law, particularly by neglecting to maintain dependents for whose support they are legally responsible, is no new one; both in Germany and Switzerland Labour Houses of this kind have existed for many years. The German Imperial Penal Code, as we have seen, provides for the commitment to Labour Houses of those who "give way to gambling, intemperance, and idleness" so that they are compelled to seek public relief, either for themselves, or those dependent upon them. Prior to the passing of this law Poor Law Authorities in some of the States were already empowered to put such persons to forced labour. As a result of the Imperial enactment, Prussia repealed its law on the subject (dated May 21, 1855), but Saxony, Wurtemberg, Oldenburg and Mecklenburg Schwerin retained their legislation, and within the last six years Anhalt and the Free City of Hamburg have adopted laws to the same effect.

Before speaking in detail of a typical Poor Law Labour House of this kind, it may be well to summarise the provisions of the principal laws on the subject.

The Poor-relief Ordinance of Saxony, dated October 22, 1840, states that the power to compel persons who are "work-shy" to labour belongs to the jurisdiction of the Police Authority, with which the Poor Law Authority, when independent of the former Authority, has to agree upon the necessary measures. As a result of this Ordinance the rural Poor Law unions have established district Labour Houses under the administration of the local governors, while some of the larger towns have established institutions of their own, managed subject to regulations approved by the Government.

Persons are committed to these Labour Houses both by the Poor Law and Police Authorities, the term of detention being indefinite, but if a man who has been committed on account of neglect of family is able to show that he has provided a home for his dependents, he can require to be discharged.

The existing law of Wurtemberg (July 2, 1889) empowers Poor Law Authorities to put to forced labour any man whose wife or children under fourteen years receive public relief; it is not necessary that he should himself have applied for such relief to be granted. The laws of Anhalt (April 27, 1904) and Mecklenburg Schwerin (1871 and 1890) are to the same effect.

By the law of Oldenburg (March 14, 1870) the following persons may be committed to the Forced Labour House of Vechta: Drunkards, persons who abuse the poor relief granted to them, women who, having had two or more illegitimate children for whom they have had to seek relief, again become enceinte, and (by Ministerial Decree of April 25, 1888) parents who neglect their children so that they fall upon the Poor Law. For a first commitment the period of detention is two years, for repetitions three years.

The latest provisions of the kind are those which were embodied in the amended Poor Law of Hamburg in 1907. Section 21 of this law states:—

"Any person who receives public relief, either for himself or for those dependent upon him, may be required by resolution of the Poor Law Labour Committee, in so far as may be requisite in order to remove or diminish existing destitution, to perform work suited to his capacity. In the event of refusal to do the work assigned to him by the Committee, the decision of that body may be put in operation by direct force. In the end the person relieved may be placed in a Labour House against his will. These provisions do not apply to cases of destitution caused by transient circumstances."

This compulsion may be applied even when the defaulters dependents are maintained without his consent or against his will.

The Committee which exercises these powers consists of five members—a member (a Senator) of the Poor Law Board, as president, two members of that Board elected by the House of Burgesses, and two chairmen of Poor Law districts or almoners. A decision to commit a Poor Law defaulter to the Labour House must be supported by a majority of four votes to one, and appeal is allowed both to the Senate and the ordinary Courts of Law, but a decision remains in operation unless and until quashed. The alleged defaulter is entitled to appear, and to be represented, at the proceedings of the Committee. A person against whom an order of detention has been put in operation can at any time ask for its repeal, but the Committee is only obliged to reconsider its decision after three months have passed; when a year has elapsed, however, the detainee must be released for a period of at least six months in order to test his willingness to meet his obligations.

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.

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.

(b) Persons under eighteen years who become a public nuisance owing to demoralisation, neglect, or idleness, and whose detention is proposed by their parents or guardians.

(c) Children under fifteen years who are in danger of moral contamination until they can be placed in reformatories, in so far as it is inexpedient to admit them into the Municipal Orphanage.

(d) Homeless persons whom it is inexpedient to place elsewhere (in this case only temporary detention is contemplated).

(e) Persons sentenced by the police to simple detention with hard labour.

(f) Persons sentenced by the Police to simple detention who wish to be employed during their term of confinement and who voluntarily enter the House.

It may be observed in passing that the regulations of the Dresden Labour House provide for the commitment thereto of fathers who neglect to provide for their illegitimate children, and that though the regulations of the Leipzig Labour House are silent upon the point, the Poor Law Board there likewise commits such defaulters.

Persons belonging to the first four classes enumerated above are committed by decision of the Poor Law Board, those belonging to the fourth class by the Police Authority as well, and those belonging to the fifth and sixth classes by the latter authority exclusively. Loafers and disorderly persons (a) and (b) are committed in the first instance for an indefinite period; "their detention in the institution (runs the regulation), shall, as a rule, last until the principal purpose of their committal, which is their improvement—i.e., to accustom them to work, to keep them to an orderly and regulated mode of life, and to train them or make them willing to observe the duty of maintaining the members of their families—appears to have been achieved." Whether this object has been attained or not is judged by the life and habits of the detainee on discharge. Contrary to the principle acted upon at Merxplas, "the mere proof that the detainee is able to find work outside the Labour House does not justify a claim to release." Before any person is discharged the Poor Law Board considers a report made by the Director of the Labour House, and this body previously determines the period during which the conduct of an inmate is to be specially watched with a view to weighing his fitness for release. As a rule a report is required as to the conduct of every detainee a month after committal and it must be made at the latest a year after. The Board may decide to give a person liberty for any period up to six months on trial, reserving the right to require him to report himself in the interval and to detain him again should his record be unsatisfactory.

The Labour House has departments for males and for females, in every respect entirely dissociated, and in each department persons under eighteen years are forbidden contact with adults.

All persons detained whose physical condition allows of it, are put to work within the institution suited in kind and degree to their capacity, but subject to conditions work outside may also be allotted to them. The general rule is eleven and a half hours of work daily (Sundays and festivals excluded) in summer, and ten and a half hours in winter, but the Director fixes the actual task to be done in every individual case according to his discretion. The regulations state:—

"It is the object of the labour tasks to accustom those detained to regular work, so that on their discharge they may be in a position to earn their livelihood independently in an honest way, and again to live a regular life; at the same time, an endeavour shall be made to use their labour in such a way as shall be most advantageous for the institution."

The occupations followed by men include, in addition to work in the establishment, gardening, building, joinery, shoemaking, tailoring, book-binding, lock-smithery, painting and varnishing, wood cutting, coffee sorting, horsehair pulling, and the making of mats, besoms, paper bags, cigar holders, umbrella sticks, boxes, etc. The women are principally employed in domestic and laundry work, sewing and knitting, tobacco packing, and coffee sorting.

The hours of work are as follows: Summer, 6.0 a.m. to 12.0 noon and 1.0 to 7.0 p.m.; winter, 7.0 a.m. to 12.0 noon and 1.0 to 7.0 p.m.; with intervals of a quarter of an hour at 9.45 a.m. and 4.0 p.m.; but those who work within closed rooms are allowed, in addition, half an hour's exercise in the open air daily. The utmost diligence is required during work; no talking is allowed; and smoking and tobacco chewing are resolutely forbidden at all times, though snuff-taking is allowed "by special favour." As a reward for "specially good behaviour" certain privileges are granted in the matter of food.

While the proceeds of the inmates' labour are claimed by the institution, those who do more than their allotted tasks are credited with money allowances to the maximum of one-fifth of the total value of their work, as calculated at a given rate; and this money (less damage to tools, etc.) may be spent in the purchase of extras, in the support of dependents, etc., the balance, if any, being paid to the creditor on discharge, in one sum or in instalments, either direct or through a third person.

Insubordination and other offences are not infrequent, and there is a long gradation of punishments, beginning with formal reproof, either alone or in presence of other detainees, and rising by many steps to cell imprisonment for twelve hours in a cage which allows only of standing and sitting, and finally to corporal punishment, a punishment which has practically fallen into desuetude and which in no case is awarded to women or men over sixty years. The majority of offences are of a minor character and are punished by some curtailment of diet.

Counting only the persons who were committed or admitted to the Labour House for reformative reasons, the number dealt with in 1908 was 721; 250 (200 men and 50 women) being in confinement at the beginning of the year, and 471 being newly admitted. The maximum number was 338, and was recorded in February; the minimum was 180, recorded in July; and the daily mean for the year was 253.

The Labour House received in addition, however, a large number of persons who had been sentenced by the police to simple detention with or without labour (Classes e and f), and a large shelter connected with it lodged 12,655 persons for an aggregate of 36,413 times; of these persons, 634 were proved to be vagabonds and loafers, and the remaining 12,021 were artisans and labourers without employment.

The reasons for compulsory or voluntary detention in that year were as follows:—

The detainees discharged during the year numbered 421 and were classified as follows:—

The terms of their detention were as follows:—

During 1908 the inmates performed 65,091½ days of work, the value of which was £3,474; of this sum, £184 was paid to them in wages, so that the net proceeds of their labour amounted to 1s. for every day worked by the inmates. The cost of maintenance (deducting revenue) averaged, during the five years 1903 to 1907, nearly 1s. 5d. per head per day, and the cost of food only 5½d. The institution derives an income of about £1,600 from endowments, and the actual cost to the municipal funds during those years was under 6d. per head per day.

It may be interesting to add a statement showing the admissions to the correctional department of the Labour House for a series of years. It will be seen that while there have been fluctuations, no absolute increase is shown.

BERNE POORHOUSE OF KÜHLEWYL.

A Swiss example of a virtual Forced Labour Colony carried on as a part of the machinery of the Poor Law is the Kühlewyl Poorhouse belonging to the municipality of Berne. This institution was created some eighteen years ago for the reception of several distinct classes of inmates (to the exclusion of children), and principally for (1) persons permanently unable to work and support themselves, and having no means of subsistence, and (2) persons either altogether or partially unable to maintain themselves whose lodgment in such an institution seemed "justifiable in the public interest." The latter phrase is a significant one. What it implies will be best understood from a passage in a report addressed to the Municipal Council Committee, which, under the guidance of the mayor of the day, formulated the scheme. "We regard it," they said, "as of the greatest importance that there be established for Berne a Poorhouse in which all such adult poor may be lodged to whom this mode of maintenance is suited. They include, not only a large number of the infirm and incapable, but particularly all the good-for-nothings and depraved people who become a burden on public charity, whose conduct is a cause of annoyance, and who cannot be improved except by systematic discipline, by work, wholesome food and regular life." In fact, one great object was to clear the streets of Berne of the lazy and immoral of both sexes—people who could not, in a democratic country, be arbitrarily packed off to a prison, yet who were rightly regarded as social pests. The first of these two classes certainly far outweighs the second, but the second is by no means a small one. To this extent the Poorhouse has much in common with the Cantonal Labour Houses already referred to.

The number of persons who entered or passed through the Poorhouse during the year 1908 was as follows:—

Of those admitted during the year, seven were sent because of feeble-mindedness, twenty-two because of bad behaviour, seven because of unemployment, twenty-nine because of age and sickness, and thirteen were convalescents needing care in the country.

By reason of the large number of persons who flock to the town of Berne from various parts of the Canton and thus unduly swell the inmates of the Poorhouse, the Cantonal Government makes a liberal annual contribution to the costs of maintenance. Communes other than Berne which send persons to the Poorhouse for care or discipline pay from £10 to £12 per head.

The Poorhouse is situated several miles out of Berne, in a sequestered spot at the head of a fertile valley, affording just the isolation and means of effective oversight which are desirable in such a case. Attached to it are some 150 acres of land, which are divided into corn land, meadow and pasture land, plantation, and a large piece of land set apart as kitchen and nursery gardens. The building, which was intended to accommodate about 400 inmates—some fifty more than the usual complement—is a plain but substantial erection, and the arrangement of the various departments has been admirably thought out. In no way is there association between men and women, who both live and work in separate suites of rooms.

Work is required of all inmates according to their capacity. The regulations state:—

"Every inmate is required to perform, to the extent of his power and ability, all such work as the director may assign or cause to be assigned to him, whether field work or employment in the workshops. The ordinary work day consists of ten hours, but in times of heavy field work (like harvest), the hours are according to needs. Sundays and general festivals are observed as days of rest, except that the inmates are required to do the necessary work in the house and farm buildings; only in urgent cases (like harvest), is other work required to be done on these days."

Whenever possible a man is set to the trade or occupation which he has been accustomed to follow. For farm labourers and gardeners, for example, there is always a place. Where inmates have had no particular training, the occupation in which they are likeliest to be most productive is allotted to them. Thus I noticed at work: smiths, wheelwrights, cabinet-makers, straw-plaiters, tailors, shoe makers, sempstresses, chair makers, wicker workers, bakers, paper bag makers, etc. Almost everything needed in the Colony in the nature of food, furniture, wood-work in general, tools, sewing, and knitting, besides repairs of all kinds, is produced on the spot, and at the time of my visit looms were on order for plain cloth weaving. In addition, a considerable sum is realised annually by the sale of articles made by the inmates and by the farming of their labour. The goods sold include chairs, wicker-work of various kinds, articles of straw, and paper bags. The farm is, however, still more productive. Of the daily production of between 300 and 350 quarts of milk, over one-half is consumed or used for butter, while the rest goes to the Co-operative Dairy of a neighbouring village, there to be turned into marketable cheese.

The dietary is largely vegetarian. Breakfast consists of coffee (always with milk), bread, and potatoes (or porridge once or twice a week instead of potatoes); dinner of soup and vegetables, with potatoes or farinaceous pudding and bread, meat being given twice or thrice a week; and supper of soup and bread, or coffee with bread or potatoes, a piece of cheese or other extra being added on Sunday evening. Inmates at work receive, in addition, both in the forenoon and the afternoon, bread with coffee, but cider or wine may be given instead of coffee in summer. On festivals a glass of wine is given at dinner.

No special uniform is used in the Poor-house. The inmates are attired in ordinary dress, without any attempt at symmetry, though deserters, when returned, are stamped on the coat as a warning.

The mental and recreative faculties of the inmates are not neglected, for thanks to the kindness of private persons, books, magazines, and newspapers are provided in considerable number.

It may be asked how order is maintained in a Colony so heterogeneous as this. The answer is that though the Municipal Authorities possess powers of punishment irrespective of the police, these powers have seldom to be exercised. A strong administrator, humane, but firm, who expects honest work from his people and therefore gets it, keeps the wheels of this notable piece of disciplinary machinery in smooth and regular rotation from year's end to year's end. Such of the inmates as can be trusted are even allowed to spend half a day in town once a week without any supervision whatever, and the privilege is seldom abused. They know, in fact, that they are under restraint until they have given proof of reformed habits, and that in the event of misconduct they will draw upon themselves more stringent restrictions. I believe that their amenability to discipline and obedience is but another proof that the besetting sin of the loafer is less active criminal propensity—save in so far as "oft the sight of means to do ill deeds makes ill deeds done"—than a corrigible laziness and disorderliness of life. To quote the words of the Director of the institution, as spoken to myself: "The people come here, as a rule, miserable and unhealthy, low and wretched, worn out by careless living and bad food, but they soon become new creatures." They do not all turn out saints by any means, but the percentage of wastrels won back to sobriety and industry is held far to outweigh the moderate maintenance expenditure incurred on their behalf.

The merely disciplinary measures which, in case of need, are taken against refractory inmates, include the assignment to them of hard and unpleasant work either in the house, the farmyard, the forest, or the fields, refusal of permission to leave the precincts of the establishment, and refusal of permission to receive visitors. The actual punishments which may be administered increase from reprimand in the case of misdemeanour to simple detention for a term not exceeding ten days, with or without bread and water every second day in the case of gross misdemeanour, and in aggravated cases detention in a separate room with marked clothing and close supervision. Corporal punishment is forbidden; the straight-jacket may be used only for the restraint of violent offenders, but not as a punishment, and it may only be applied for four hours at a time. Further, the Poor Law Authority has the right to transfer dangerous persons to another establishment.

On the other hand, the rewards for good conduct include the assignment to an inmate of a superior sleeping place, improved food rations, the payment of premiums, permission to leave the institution on Sunday, and appointment to posts of confidence.

The Poor-house is carried on very economically. The entire expenditure in 1908 amounted to £5,254, of which £454 represented the costs of administration, £3,721 the costs of maintenance, and £1,081 interest on capital. The revenue from agriculture was £1,452, from industry £500, and the maintenance charges and Cantonal subsidy amounted to £2,998, leaving a deficit of £306 to be made up by the municipality. Towards a total cost of £15 per head per annum, the inmates earned by agricultural and industrial work £5 11s. per head, leaving the net cost, all expenditure counted, £9 9s. per head per annum, or 3s. 8d. per week.

CHAPTER X.

LABOUR DEPOTS AND HOSTELS.

Although legislation in Germany and Switzerland is severe upon the vagrant loafers, generous provision is made in those countries for bona fide seekers of work. This is done by the complementary systems of public and semi-public Relief Stations and Hostels or popular lodging-houses. The Relief Stations are plain places of entertainment at which passing workmen, if duly accredited, may obtain food and a night's lodging in return for a certain task of work. In Germany they are established and maintained by the Provincial, District, or Communal Authorities, or by all three in conjunction, and where properly organised, as in Westphalia and South Germany, they are located at intervals which do not overtax the walking powers of men of ordinary capacity. The methods upon which the Stations are conducted are best explained by the rules of the Westphalian Federation of Relief Stations, which are as follows:—

"(1) Every wayfarer not possessing more than one mark (1s.) in money, and unable to obtain work in the locality, will be considered as 'without means.' Any person who has more than one shilling in his possession, and who conceals or denies this fact, may not only be required to pay for the relief which he receives, but may also be prosecuted for fraud.

"(2) Any person, who, by reason of old age, sickness, or infirmity, is unfit for work, will be referred to the local authorities with a view to his receiving Poor Law relief.

"(3) Every wayfarer without means who wishes to receive relief in a relief station is required to produce his travelling pass. The wayfarer is required, provided that he is still in possession of any money, to procure such a pass himself. A pass may be obtained by the payment of 6d., or by the performance of at least four hours' work in the relief station. Relief is not given at the station issuing the pass. [This provision applies only to wayfarers able to pay.] A pass may only be issued to persons at least sixteen years of age, who are in a position, by producing a removal certificate or other similar evidence, to establish their identity, and are able to prove by means of insurance receipt, certificate of employment, etc., that they have recently been in work.

"Wayfarers who apply for relief at a relief station, but are not in possession of a travelling pass, will first be referred to the police as being 'homeless persons.' Only when the local police authorities certify that they have performed, with due industry, a task of work set by such authorities, and of at least one day's duration, and that no other objection exists to the issue of a travelling pass, can such pass be issued, and such persons be admitted to the regular relief offered by the station. [Persons relieved as 'homeless' are received into the relief station on the first or second day, according as the police require them to work for one day or two days, after completion of their work, and on the following morning they work for such a period as is prescribed by the rules of the station in return for the relief received by them, and then receive their pass.]

"The pass and all the other documents must be given up to the proper authorities of the relief station, and will be returned only after the required task of work has been performed.

"When a pass is issued, a note to that effect will be stamped on the other documents belonging to the holder. The stamp will show the place and date of the issue of the pass. An insurance receipt may not be stamped.

"(4) At each relief station, the wayfarer's pass shall be stamped with the date of his departure, which shall be evidence that the holder has completed the last section of his journey according to regulations, that he has not refused any work offered to him, and has performed the task assigned to him at the station according to regulations.

"The hour of departure and the name of the next station to which the holder proposes to travel must on every occasion be entered on his pass.

"(5) The holder of a pass is not allowed to make, or permit to be made, any entry in the same. Any such falsification, as also the use of the pass by any person other than the one to whom it was issued, is punishable (Penal Code, Section 363.)

"(6) The managers of travellers' hostels and of relief stations are authorised to confiscate any pass of which an improper use shall have been made.

"The cardinal principle to be observed is 'Work in the morning, travel in the afternoon.' Relief at a relief station will only be given if the man's pass contains the stamp of the station of departure dated on the same day as his application, and only at the station of destination. The traveller must arrive within such a time after his departure as is consistent with the distance from the station of departure, and with the hour of his departure entered upon the pass.

"(7) In special cases, especially in winter, and if the nearest station where the night is to be spent is more than five hours' walk from the station of departure, a wayfarer may be allowed to leave in the forenoon, and be given a meal before his departure. Whenever long distances have to be traversed, light refreshment or an order for a meal at some intermediate place (substation) may also be supplied.

"(8) Employment maybe sought only through the intervention of the Labour Registry in connection with the relief station. Going about in search of work is prohibited.

"Anyone refusing to accept a suitable situation when offered will not be eligible for work and relief at a relief station.

"If a situation cannot be found for a man, he is required to perform the work allotted to him at the relief station. The nature and the duration of this work are determined by the manager of the station. By accepting relief, the wayfarer undertakes the obligation to perform the work allotted to him, and to comply with the regulations in force at the station. Any man, accepting relief, who afterwards refuses to work and leaves the station without permission will be prosecuted for fraud.

"(9) Wayfarers who, by reason of their having failed to comply with these regulations, have to be refused relief, and who are destitute, will be referred to the local authorities. Any man who arrives too late shall not be admitted at the relief station, but shall be referred to the police authorities for further relief. On the following morning, he will be required, in exchange for the relief provided for him by the police, to perform a task of work; and at noon he must have his pass stamped at the relief station with the words 'Relieved by the Police,' and thereupon he will again become subject to the regulations for travelling workmen. Any man whose pass does not show the proper continuous sequence of stamps, and who is unable to give a satisfactory explanation of the fact, will be treated as if he did not possess a pass. Any man who may be found in localities or on roads other than those mentioned on the map displayed at the relief station, is liable to be punished as a vagrant wandering without reasonable cause.

"(10) On Sundays and other days recognised by the Federation of Relief Stations as holidays, rest and relief (including a mid-day meal) will be allowed in the forenoon to all such persons as arrived the day before at the right time, and with their passes in order. It is expected that every man will attend the religious service of the confession to which he belongs. In the afternoon the men will proceed on their journeys."

Hitherto the Provincial Diet of Westphalia has borne one-third of the cost of the Relief Stations in the Province, and the remainder has fallen on the District and Communal Authorities. During the year October 1, 1907 to September 30, 1908, 116,995 persons were helped on the way by these institutions, and the total cost was £5,655.

A system of Relief Stations of this kind must cover a given area completely in order to realise its purpose, which is to assist destitute wayfarers to travel in search of work without being under the necessity of begging. The best developed system yet in existence is weakened by gaps here and there, and it was with a view to perfecting the network of Stations in Prussia that the Government of that country, on the initiative of Pastor von Bodelschwingh, passed the law of June 29, 1907, for the establishment of Labour Depots for travelling work-people (Wanderarbeitsstättengesetz). This novel law gives power to the Diets of Provinces to require urban and rural districts (circles) to establish, maintain, and administer Labour Depots; such decisions must be supported by a majority of two-thirds of the votes given. It is the purpose of these Labour Depots to "procure work for destitute able-bodied men who are in search of employment away from their place of residence, and meantime to provide them with food and lodging in return for a task of labour." Districts in which Depots are not established may be required to contribute to the cost of Depots elsewhere by which they benefit. While the cost of the Depots falls, in the first instance, on the Districts, the Provinces must refund to them two-thirds of the costs, and the State contributes to the cost of all Labour Registries carried on in connection with Depots. Communes in which Depots are established must co-operate with the Districts in their management, and on payment must provide suitable buildings, so far as these have hitherto been used for the same purpose.

A fully organised Labour Depot, as contemplated by this law, comprises, in addition to a workshop or workyard, a Hostel in which work-seekers are lodged and fed in return for a task of work, and a Labour Registry. It is not necessary that either Hostel or Registry should be carried on independently of existing institutions of the kind so long as these are efficient and it is possible to come to a satisfactory working arrangement with them.

It is required that the work to be performed shall entail real exertion, yet be suited to every man's capacity, and as far as possible be in keeping with his normal occupation. As to the food supplied, it is stipulated that it shall be simple yet "so abundant that the wayfarer may remain capable of walking and working and may not be compelled to beg on the way." The admission of wayfarers to Labour Depots and their travelling from one Depot to another are to be regulated by rules issued by the Provincial Authorities.

Already the law has been put in operation in Westphalia and several other parts of Prussia. The regulations adopted by the Provincial Authorities of Westphalia follow closely those which have hitherto governed the system of Relief Stations there. The Depots only admit males of at least sixteen years, who are destitute and capable of work, and are in search of work away from their place of residence, but a legal right to admission is not recognised. Any wayfarer who does not possess more than one mark (1s.) in money, and cannot find work in his locality is deemed to be destitute in the sense of the law; a man in receipt of adequate travelling benefit is not regarded as destitute, and anyone who has more than a mark and conceals the fact is required to pay for his keep, and is liable to prosecution for fraud. The pass or way-ticket used is substantially the same as that of the German Hostel Association (Herbergsverein), and the conditions of its issue are: (1) Possession of a certificate of removal from the Police Authorities of the last place of residence, and an insurance receipt card; (2) possession of official labour certificates, such as a sickness insurance card, showing that the bearer has worked at least six weeks during the preceding three months, or has been incapable of work during that time; (3) the payment of 50 pfennige (6d.) or the performance of one and a half days of work in the Depot for the way-ticket. Men who have been discharged from the army, from Labour Houses, or from prison need only produce their discharge papers, instead of documents 1 and 2 during the first four weeks after such discharge. A way-ticket and other documents of identification must be produced, and the former must be stamped, at each Depot visited.

The labour task imposed lasts a day and a half or twelve hours, and the wayfarer may go on his journey after dinner on the third day, provided his task be completed, but when the pressure of inmates is great he may be discharged half a day sooner, i.e., on the morning of the third day, and the same relief may be given when the distance to the next Depot exceeds five hours of walking. Food may be given to be eaten on the way, or a ticket for the same may be given instead. Where the distance is very far, where a Labour Colony or a hospital is the objective, and in case of bad weather or physical unfitness, the wayfarer may be given a free railway ticket. Admission is refused, and the way-ticket may be forfeited, if a wayfarer presents himself a second time within six months at the same Depot. Should a way-ticket be withdrawn, a pass to a Voluntary Labour Colony may be issued instead, and after four weeks' work there, or in a similar institution recognised by the Provincial Authority, a new ticket may be issued. Wayfarers who are not, for any reason, admitted to a Depot must be referred to the local authorities as homeless. Such a man, on producing a certificate from these authorities to the effect that he has performed the work assigned to him for two days, and has applied to the police of his last place of residence for a removal certificate and an insurance receipt card, may be maintained in the local Depot until noon of the sixth work-day in return for eight hours of work a day; should the removal certificate arrive in the interval a way-ticket may be issued to him, and in the event of its non-arrival, the Depot may apply to the police to issue a new insurance receipt card. If the removal certificate is not produced, the wayfarer receives a pass to a Voluntary Labour Colony at noon on the sixth work day.