There is here, under the superintendence of the master of the works, a sick-fund for the workpeople, to which every man, woman, and child together must contribute 1½ xr. kreutzer for every guilder they receive in wages; for this they obtain not only for themselves, but also for the members of their families who do not come to the mill (such as the little children and the mothers), gratuitous medical advice and medicines; and, further, the men, when they are prevented from coming to the mill by sickness, receive a 12–kreutzer per day.

The number of hands is on an average 170 men, 220 women and adult girls, and 100 children; total, 550 individuals.

The amount of contribution to the relief-fund was, in

Though on an average from five to six men of the 170 employed are prevented from coming to their work, yet of these there are four who have received support from the fund, on account of the infirmities of age and incurable diseases, for many years; so that, on an average, there is only from one to two who are prevented from coming to their work by sickness.^[62] A part of the above-mentioned 550 mill hands live in the adjacent district; these, when they cannot come to the medical man belonging to the factory, are attended by the surgeon of the district; but then, on the other hand, there must be set against these the members of the families who do not work at the mill, as above-mentioned, and which are about equal in number. Indeed, the number of those coming for medical advice of the factory physician, and to which the following tables relate, may be from 600 to 700. The total population of Schwadorf is about 1700, of which, on an average of the last 10 years, according to the parish register, 62 died annually. Of these, according to the register kept by the factory physician, only 13, on an average, were from the mill population; at least, as it appears in the last seven years, during which the present physician has attended.

Although the number of deaths only includes those who lived in the village of Schwadorf itself, yet under the “treated” are included also all those from the neighbourhood whose illness was not too great to prevent them coming to Schwadorf for medical advice. It further ought to be remarked upon the apparently large number of cases of sickness, that as the people have medical advice and medicine gratis, that they come for it on the slightest illness, and the more so as not only the master of the works but also the physician encourages them as much as possible to do so, convinced that in most cases, by timely aid, more serious illnesses are prevented. Lastly, it is to be understood that these memoranda or notices have not been made for any special object, but only for our own information.

Remarks on the Factories in Neunkirchen.

1. Screw Works. There exists in connexion with this mill a sick-fund, in which, however, the hands dwelling out of Neunkirchen do not participate. Those who live in Neunkirchen pay to this fund weekly 1 xr. for every guilder they earn as wages. They receive for this medical advice and medicine gratis; and if they cannot come to work, the following relief, namely, (those under Wr. Wf. fl. 4½ weekly wages have nothing)

Those Croatians who live in their houses do not receive any quota from the sick-fund, but are, of course, attended. As to those who are out of the district, they also receive medical advice gratis, if they can come to the factory physician, even though they do not contribute to the sick-fund. Only few have families, but these also, in case of sickness, receive medical assistance.

The number of hands varies considerably from 200 to 300; on an average about 250; of these may be,

The total contribution to the relief-fund was, in the

Also on an average one or two individuals could not work on account of illness.

To both the spinning works of Herrn von Eltz and Herrn Roulet there is attached a sick-fund, the exact rules of which I am not acquainted with. In the print-works of Dubois, Dupasquier, and Co., the printers have a sick-fund amongst themselves, out of which the hands in work assist those who are unable to work, according to the circumstances. Since the hands in the screw-works are not, like the spinners, a steady, fixed class of workers, but a more fluctuating class, since it often happens that members of the same family are employed in different factories, and it is difficult to separate into heads the number of individuals who have received medical aid; the annexed table for 1840 will give a tolerably correct view of the state of sickness in the various works, only with regard however to the numbers working, leaving the other members of the family out of consideration. It is to be observed here, that the physician by whom these statements have been drawn up is appointed exclusively to the screw-works and the two spinning manufactories. The hands from the print-works go also to other physicians, of whom there are several in Neunkirchen; hence is explained the apparently small number of persons from the print-works who have received medical aid from him.

The typhus, or low contagious fever, prevails in all large cities and towns to a degree that those are not aware of who have not turned their attention to the subject, or whose occupations do not lead them to mix with the labouring poor. In Liverpool it has been supposed that this disease is seldom to be met with; and it is certainly true, that the upper classes of the inhabitants are not often subjected to its ravages. When the extent to which it is constantly present among the poor shall be proved by authentic documents, this circumstance will serve to demonstrate the narrow sphere of the contagion, and to show how much it is within the limits of human power to lessen the frequency of the disease.

Of the inhabitants of Liverpool, it is ascertained that about 9500 live in cellars underground, and upwards of 9000 in back houses, which in general have an imperfect ventilation, especially in the new streets on the south side of the town, where a pernicious practice has been introduced of building houses to be let to labourers, in small confined courts, which have a communication with the street by a narrow aperture, but no passage for the air through them. Among the inhabitants of the cellars and these back houses the typhus is constantly present; and the number of persons under this disease that apply for medical assistance to the charitable institutions, the public will be astonished to hear, exceeds, on an average, 3000 annually. For the ten years preceding 1797, there were, on an average, 119 patients ill of fever constantly on the books of the dispensary. Of convalescents, unfit for labour, the average number will be nearly as great. Thus, in Liverpool, 240 of the poor may be considered as constantly rendered incapable of earning their subsistence by this single disease; and as the poor seldom lay up any part of their earnings for a season of sickness, the expense of their maintenance must, in one form or other, fall on the public. If we take this as low as 10l. for each, it will amount to 2400l. annually.

Though the cure of this disease is a principal object of our charitable institutions in Liverpool, it is to be lamented that hitherto little or nothing has been done for its prevention. The infection arises from a want of cleanliness and ventilation, and its influence is promoted by damp, fatigue, sorrow, and hunger. A vigilant exercise of all the means of prevention might, in a short period, supersede the use of hospitals, by extinguishing the disease; a prospect in which the philanthropist might more safely indulge, if he could calculate with the same confidence on the wisdom as on the power of his species.^[63]

24.—Extract from Dr. Ferriar’s Advice to the Labouring Classes in Manchester; given in 1800.

Avoid living in damp cellars; they destroy your constitutions and shorten your lives. No temptation of low rents can counterbalance their ill effects. You are apt to crowd into the cellars of new buildings, supposing them to be clean; this is a fatal mistake; a new house is always damp for two years, and the cellars which you inhabit under them are generally as moist as the bottom of a well. In such places you are liable to bad fevers, which often throw the patient into a decline, and you are apt to get rheumatic complaints, that continue for a long time and disable you from working.

If you cannot help taking a cellar, be attentive to have all the windows put in good repair before you venture into it, and, if possible, get it whitewashed. If you attempt to live in a cellar with broken windows, colds and fevers will be the certain consequences.

In many parts of the town you sleep in back rooms, behind the front cellar, which are dark and have no proper circulation of air. It would be much more healthy to sleep to the front; at least when you have large families, which is often the case, you ought to divide them, and not to crowd the whole together in the back cellar.

Keep your persons and houses as clean as your employments will permit, and do not regret the loss of an hour’s wages when your time is occupied in attending to cleanliness. It is better to give up a little time occasionally to keep your houses neat, than to see your whole family lying sick in consequence of working constantly without cleaning. It would be of great service if you could contrive to air your bed and bed-clothes out of doors once or twice a-week.

Always wash your children from head to foot with cold water before you send them to work in the morning. Take care to keep them dry in their feet, and never allow them to go to work without giving them their breakfast, though you should have nothing to offer them but a crust of bread and a little water. Children who get wet feet, when they go out early fasting, seldom escape fever or severe colds.

Your health will always be materially injured by the following circumstances:—living in small back buildings, adjoining to the open vaults of privies; living in cellars where the streets are not properly soughed or drained; living in narrow bye-streets where sheep are slaughtered, and where the blood and garbage are allowed to stagnate and corrupt, and perhaps more than all, by living crowded together in dirty lodging-houses, where you cannot have the common comforts of light and air.

It should be unnecessary to remind you that much sickness is occasioned among you by passing your evenings at ale-houses, or in strolling about the streets or in the fields adjoining to the town. Perhaps those who are most apt to expose themselves in this manner would pay little attention to dissuasive arguments of any kind; however, those who feel an interest in your welfare cannot omit making the remark.

25.—Principles of Jurisprudence and Responsibility for Accidents.

(Extract from the First Report of the Commissioners of Inquiry into the Labour Children in Factories.)

From the evidence collected, it appears that in many of the mills, numerous accidents of a grievous nature do occur to the workpeople. It appears also that these accidents may be prevented, since in some mills where more care of the workpeople is in general displayed they are prevented. It appears further, that whilst some manufacturers liberally contribute to the relief of the sufferers, many other manufacturers leave them to obtain relief from public bounty, or as they may.

The refusal to contribute to the expense of the cure of those who have been maimed is usually founded on the assertion that the accident was occasioned by culpable heedlessness or temerity. In the cases of the children of tender years, we do not consider this a valid defence against the claim for contribution from the employer. We cannot suppose an obligation to perpetual caution and discretion imposed on children at an age when those qualities do not usually exist. The indiscretion of children must, we consider, be presumed and guarded against as a thing that must necessarily, and to a greater or less extent, be manifested by all of them.

But the accidents which occur to the adults, are of themselves evidence (unless they were wilfully incurred in a state of delirium) that the individual used all the caution of which he is capable; as it may be presumed that the loss of life or limb, or the infliction of severe pain, would rarely be wantonly incurred.

Some of the manufacturers have proposed that the inspectors, who they think ought to be appointed to insure compliance with any legislative regulation, should have power to inspect the factories, and direct what parts of the machinery should be fenced off, and that after such directions have been complied with, the manufacturer should be relieved from further responsibility.

We concur in the proposition for giving such power to inspectors, but we do not concur in the proposal to relieve the manufacturer from responsibility.

We apprehend that no inspector would probably be so fully conversant with all the uses of every variety of machinery as to be acquainted with all the dangers which may be provided against; and also, that whilst there is much machinery which does not, from its nature, admit of its being boxed off, there is much that could not be made entirely safe without the reconstruction of whole manufactories.

Excluding from consideration the cases of culpable temerity on the part of the adults, and assuming that the aid to be given when accidents do occur shall afford no bounty on carelessness, the cases which remain for provision are those of adults which may be considered purely accidental. Taking a case of this class, where mischief has occurred in the performance of the joint business of the labourer and his employer; the question is, by which of these parties the pecuniary consequences of such mischief shall be sustained.

We conceive that it may be stated, as a principle of jurisprudence applicable to the cases of evils arising from causes which ordinary prudence cannot avert, that responsibility should be concentrated, or, as closely as possible, apportioned on those who have the best means of preventing the mischief. Unless we are to impose on the workman the obligation of perpetual care and apprehension of danger, the nature of the injuries inflicted are of themselves evidence that all the care which can be taken by individuals attending to their work is taken by them; it is only the proprietor of the machinery who has the most effectual means of guarding against the dangers attendant upon its use.

If such an extent of pecuniary responsibility for the accidents which are incidental to the use of the machines is imposed upon him, those consequences will be more likely to be taken into account, and to be guarded against at the time of the erection of the machinery. The workmen are not prone to regard immediate dangers, still less dangers which are remote and contingent, and many of the accidents are of a nature apparently too uncertain to form data for insurance. It could hardly be expected that a workman in entering a manufactory should object that any portion of the machinery is dangerous, and that it ought to be boxed off. But the proprietor of the machine is necessarily the person who can best foresee all the consequences incidental to its use, and can best guard against them. By throwing upon him a portion of the pecuniary responsibility for those mischiefs, we combine interest with duty, and add to the efficiency of both.

If the pecuniary consequences from unavoidable accidents were considerable, the imposition of the proposed responsibility may be met by the master, or by a deduction from the wages. Considering the defective nature of most existing modes of provision against sickness and casualties by benefit or friendly societies, and also, unhappily, the large proportion of those who, from improvidence, do not take advantage of these or other means, (of which some portion of the working-class avail themselves in so exemplary and admirable a manner), if we were to devise a form of insurance against the casualties in question, available to all classes, we should recommend that measures should be taken to secure from the master the regular deductions of the amount of the contribution of the persons employed.

We propose that in the case of all accidents whatsoever from machinery occurring to children under fourteen years of age, the proprietor of the machinery shall pay for the medical attendance on the child, and all the expenses of the cure, until medical attendance is no longer required; and also during the same period, shall continue to pay wages at the rate of half the wages enjoyed by the individual in question at the time of the occurrence of the accident.

We are of opinion that persons above that age, in all cases where the injury was received from accidents in the ordinary course of business, where there was no culpable temerity, should receive similar treatment at the expense of the employer, and should also be allowed half wages until the period of cure, as we believe that an allowance of full wages would occasion considerable fraud in the protraction of that period, especially in the cases of accidents of a less serious nature.

We think that the remedy should be given on complaint before a magistrate or the inspector.

“With regard to fatal injuries occasioned by wilful negligence, we have at present no new remedies to suggest as substitutes to those afforded by the common law.”

[In a recent case, I believe in Scotland, 300l. damages were recovered against the owner of an old mine for the loss of a child, which had fallen into it accidentally from the opening not being properly protected.

It is sometimes stated that the owners of mines already come within the principle, that they are interested in prevention, inasmuch as they incur loss from the stoppage of work and otherwise by accidents. The fact, however, of no exertions being made for prevention might be adduced as proof that the share of the loss was not sufficiently great, and the interest therefore inadequate; but it will generally be found that no share of the loss falls directly on the manager of the works, and that the pecuniary consequences are so far diffused over numerous partners as not to be felt, and that this is so particularly in works or machinery belonging to joint-stock companies.

In Prussia, as well as Austria, deductions are required by the law to be made from the wages of the men engaged in mining operations, which deductions constitute a sick-fund for the support of the men during ordinary sickness. The following is a translation of the articles of the Prussian code in respect to the responsibility now imposed on the owners for accidents to the workpeople in Prussia as in Austria:—

Art. 214. “The proprietors of the mines are bound to take care of the miners who are wounded or fall into bad health in their service.

Art. 215. “When the provincial laws do not contain any express provisions thereon, the person who works the mine shall pay to the sick or wounded workman four weeks’ wages if the produce of the mine does not cover the expense of working, or if it be only just equal to it, or if it be required to defray the antecedent expenses of the mine; and when the mine produces a sufficient dividend, the workman shall be paid eight weeks’ wages in case the illness lasts that length of time.

Art. 216. “If the illness lasts a greater length of time, the miner shall be supported out of the sick-fund.

Art. 217. “The expenses of medical treatment, and of burial of a miner wounded or killed by accident, shall be defrayed from the same fund.

Art. 218. “The widow of a miner has also the right to claim the gratuitous wages fixed by Article 215.

Art. 219. “The gratuitous wages granted to the miner in case of wounds or death are not allowed if the miner has killed or wounded himself with premeditation, or by any gross neglect, working otherwise than in the mine.

Art. 220. “If the wound or death has been occasioned by malice or the gross neglect of a third person, the latter shall indemnify the sick-fund and the proprietors of the mine.”—E. C.]