To be certain of justice in all circumstances you must have not only an infallible law, but also an infallible judge and an infallible method of criminal administration. It is a truism to say that this is an impossibility, and every now and again society will have to submit to be shocked by the revelation of a palpable miscarriage of justice. At the same time it is important to take every possible precaution against the occurrence of such distressing accidents. This can only be effected by placing the administration of the law in all its departments, from the policeman to the Home Secretary, in the hands of thoroughly competent officials who have not only their heart, but what is equally important, their head in the work. When this is done, and if these officials are not embarrassed by public clamour in the performance of their duties (honest criticism will do them good), all will have been accomplished which it is possible to get in the way of effective and enlightened administration of the law.
In the next place it may be possible to mitigate the operation of our present poor law system in all cases of destitution through misadventure. Some prominent politicians—and I believe among them Mr. Morley—appear to be in favour of this course; and at a recent meeting of the British Association, Professor Alfred Marshall was inclined to the belief that a much larger discrimination might be allowed than now exists in the administration of out-door relief in cases of actual want; and also that separate and graduated workhouses might be established for the deserving poor. It will be admitted on all hands that proposals of this character land us on very delicate ground, and require the most mature consideration. Even now the inmate of a workhouse is often better supplied with food, clothing, and shelter than the poor labourer, who has to pay taxes to support him. If the condition of that inmate is made still more comfortable, will it be possible to prevent hundreds and thousands of the very poor, who now keep outside these institutions, from immediately crowding into them as soon as the slightest economic difficulties arise? Almost all philanthropic schemes, and especially all such schemes when supported by the public purse, have a tendency to be administered with more and more laxity as time goes on; and a scheme of this kind, if carried into law, would require to be managed with the utmost circumspection in order to avoid pauperising great masses of the community.
A scheme of this character will, however, have to be tried if the manifesto of the Executive Council of the Dockers' Union, issued in September last, is to be acted upon by Trade-Unionists in general. According to the doctrine laid down in this manifesto, the idea of a Trade-Union, as a free and open combination, which every workman may enter, provided he pays his subscription and conforms to the rules, is an idea which must for the future be abandoned. Henceforth, a Trade-Union is to be a close corporation to be worked for the benefit of persons who have succeeded in getting inside it. The Dockers' Union, to do them justice, see that this policy is bound to increase the numbers of the destitute, but they propose to remedy this condition of things by establishing "in each municipality factories and workshops where all those who cannot get work under ordinary conditions shall have an opportunity afforded them by the community." If these State establishments are to be started for the unemployed, the workers in them must work at something, and it will have to be something which the unskilled labourer will not require a great deal of time to learn. What would the dockers say if one of these establishments was instituted by the municipality for the loading and unloading of ships? Hardly a Trade-Union Congress meets in which the complaint is not made that prison labour interferes with free labour; but what sort of outcry would there be if State labour, on an extensive scale, were to enter into serious competition with the individual workman?
These schemes for the establishment of State institutions offering work to the indigent will never solve the problem of want, and all attempts that have hitherto been made in that direction have either ended in failure or met with small success.
The latest of these schemes is a village settlement, which the authorities in New Zealand started some time ago to meet the case of the unemployed. The Government, in the first place, spent £16,000 in making roads and other conveniences for the settlers, and afterwards advanced £21,000 for building houses, buying implements, and so on. According to recent advices from New Zealand, only £2000 of this advance has been paid back, and it is the general feeling of the colony that the project has proved a failure. These, and other experiments of a similar character, compel us to recognise the disagreeable fact that a certain proportion of people who are in the habit of falling out of work are, as a class, extremely difficult to put properly on their legs. Failure, for some reason or another, always dogs their steps, and the more Society does for them, the less they will be disposed to do anything for themselves.
When such persons are sent to prison on charges of begging, or petty theft, it very often happens that they are assisted on their release by a Discharged Prisoners' Aid Society. Tools are given them, work is found for them, yet they do not thrive. Not infrequently the job is given up on some frivolous pretext; or if it is a temporary one, little or no effort is made till it actually comes to an end to look out for another. It is little wonder that men who live in such a fashion should occasionally be destitute; the only wonder is that they manage to pass through life at all. Those men hang upon the skirts of labour and seek shelter under its banner, but it is only for short and irregular intervals that they march in the ranks of the actual workers. The real working man knows such people well, and heartily despises them.
Would it be a right thing to increase the burdens of the taxpayer by opening State workshops, even if such a plan were feasible, for men of the stamp we have just been describing? Decidedly it would not. Yet these men form a fair proportion of the persons whom we have classed as driven to crime by economic distress. As far, then, as the criminal population is concerned, no necessity exists for the organisation of State factories; and so far as destitution is a factor in the production of crime, it can be grappled with by other agencies. In fact, if a graduated system of Unions, with a kind of casual ward, somewhat after the German Naturalverpflegstationen, could be worked and if Trade Societies adopted, under proper precautions, the principle of allowing debilitated members of their trade the opportunity of doing something at a somewhat reduced rate, it would be impossible for any well-intentioned man to say that he was driven to crime from sheer want. It is worth while, on the part of the nation, to make some small sacrifice to attain an object so supremely important as this. It is very probable that hardly any sacrifice will be needed. In any case it would get rid of the uncomfortable feeling entertained by many that there are occasions when human beings are punished who ought to be fed. It would completely alienate all sympathy from crime; it would then be known that criminal offenders deserved the punishment they received, and justice would be able to deal with them with a firm and even hand.
POVERTY AND CRIME.
Having analysed the part played by destitution in the production of crime, the cognate question of the extent to which poverty is responsible for it will now be considered. If actual destitution does not count for very much in producing criminals, it may be that poverty makes up the difference, and that the great bulk of delinquency, if not the whole of it, arises from the combined operation of these two economic factors. We have examined one of them, let us now go on to the other. As this examination will have to be conducted from several different points of view which, for the sake of clearness, it will be expedient to consider one by one, I shall begin by inquiring what light international statistics are capable of throwing on the relations between poverty and crime. At the outset of this inquiry we are at once met by the old difficulty respecting the value of international criminal statistics. The imperfection of those statistics is a matter it is always important to bear in mind, but in spite of this circumstance the light which they shed on the problem of poverty and crime is not to be rejected as worthless.