It must, however, be remembered that all the Factory legislation previous to 1860 was confined to textile factories—cotton, woollen, silk, or linen. In 1860, bleaching and dyeing works were brought within the Factory Acts, and several other detailed extensions were made between 1861 and 1864, in the direction of lace manufacture, pottery, chimney-sweeping, and other employments. But not until 1867 were manufactories in general brought under Factory legislation. This was achieved by the Factory Acts Extension Act, and the Workshops Regulation Act. For several years, however, the beneficial effects of this legislation was grievously impaired by the fact that local authorities were left to enforce it. Not until 1871, when the regulation and enforcement was restored to State inspectors, was the legislation really effectual. The Factory and Workshop Act of 1878, modified by a few more recent restrictions, is still in force. It makes an advance on the earlier legislation in the following directions. It prohibits the employment in any factory or workshop of children under the age of eleven, and requires a certificate of fitness for factory labour under the age of sixteen. It imposes the half-time system on all children, admitting, however, two methods, either of passing half the day in school, and half at work, or of giving alternate days to work and school. It recognizes a distinction between the severity of work in textile factories and in non-textile factories, assigning a working week of about fifty-six and a half hours to the former, and sixty hours to the latter. The exceptions of domestic workshops, and of many other forms of female and child employment, the permission of over-time within certain limitations, and the inadequate provision of inspection, considerably diminish the beneficial effects of these restrictive measures.
In 1842 Lord Ashley secured a Mining Act, which prohibited the underground employment of women, and of boys under ten years. In 1850 mine inspectors were provided, and a number of precautions enforced to secure the safety of miners. In 1864 several minor industries, dangerous in their nature, such as the manufacture of lucifer-matches, cartridges, etc., were brought under special regulations. To these restrictive pieces of legislation should be added the Employers’ Liability Act, enforcing the liability of employers for injuries sustained by workers through no fault of their own, and the “Truck” legislation, compelling the payment of wages in cash, and at suitable places.
This slight sketch will suffice to mark the leading features of a large class of laws which must be regarded as a growth of State socialism.
The following points deserve special attention—
1. These measures are all forced on Parliament by the recognition of actual grievances, and all are testimony to the failure of a system of complete laissez faire.
2. They all imply a direct interference of the State with individual freedom—i.e. the worker cannot sell his labour as he likes; the capitalist cannot make what contracts he likes.