The Fourth Party grew out of the Bradlaugh incident. To Wolff belonged the merit of discovery. The others in coming to his aid had learned the value of co-operation. They had seized an opportunity while regular leaders hesitated. They had helped each other to use it with determination. The whole party had in the end been glad to follow their lead and great and admitted advantage had ensued. They resolved forthwith to make permanent that comradeship which had proved so happy on occasion. Three of them already sat on the Front Bench below the gangway, and during the early days of the session Lord Randolph abandoned his perch on the back benches and came forward to sit with them. An old and respected member of the Conservative party had been accustomed to sit in the corner seat. In a few weeks he departed to serener quarters, saying to Sir Henry Wolff, ‘This is getting too hot for me’; and Lord Randolph thenceforward was regarded as the rightful owner of that coveted place. The compact which bound the ‘Fourth Party,’ as they were soon called by general consent, was simple and elastic. No questions of policy or leadership arose. Each was free to act in perfect independence; but it was agreed that, whenever one of them was attacked, the others should defend him. Upon these conditions was created a Parliamentary group which proved, in proportion to its numbers, the most formidable and effective force for the purposes of Opposition in the history of the House of Commons.
The four men who had thus come together were, each in his own way, remarkable. The first mention of Sir Henry Wolff in Lord Randolph’s letters occurs in 1879. ‘I am dining to-night at the Garrick with Sir Henry Wolff and a large party of M.P.’s.’ Then again, a few months later, ‘Wolff and I are going to London together in order that the questions of the leadership of the party may be complicated by our presence.’ When the Parliament of 1880 assembled they seem to have become already fairly intimate friends. Sir Henry Wolff, the son of a distinguished traveller and scholar whose name in the early ’forties was respected in many countries outside his own, had entered Parliament as member for Christchurch in 1874, and had already, by his knowledge of foreign affairs and diplomatic methods, gained a reputation in the House of Commons. He was now member for Portsmouth. He was fifteen years older than Lord Randolph and possessed a large and varied fund of experience and information. Shrewd, suave, witty, and imperturbable, versed in Parliamentary procedure, fertile in schemes, clever at managing people, a master of smoothly-turned sentences and plausible debating points, a ready speaker, an industrious politician, old enough to compel respectful treatment from the House, young enough to love fighting and manœuvres for their own sake, Sir Henry Wolff was, at the beginning of 1880, just the kind of man to make a Ministry uncomfortable. If he contributed notably to the strength of the Fourth Party in public, he added still more to the gaiety of its secret councils. He rallied generously to the chaff in which Lord Randolph always delighted, and the comradeship which grew between them was abiding. No cloud darkened, no conflict of interests or opinions disturbed it. Of the intimate relations between these four allies, the friendship of Lord Randolph and Sir Henry Wolff was the only one to survive unimpaired the vicissitudes of political life.
Mr. Gorst possessed temper and talents of a different kind. His mood was serious, his ability distinguished, his industry enormous. His career in the past had been more noteworthy than that of any of his companions. He was a rapidly rising lawyer. He had sat in Parliament as early as 1866. He had been entrusted with the reorganisation of the Conservative party machinery after the defeat of 1868, and Mr. Disraeli always regarded the victory of 1874 as largely due to his arrangements, and treated him with special favour and confidence. He probably knew more about politics, public and secret, than all his three colleagues together, and his knowledge of law proved on repeated occasions of inestimable value to the rest. In conjunction with Lord Randolph Churchill his abilities became doubly effective. A few years later Sir Henry James publicly complained, in a Standing Committee, of such an alliance. It was, he said, a poacher’s combination—a pointer to find game and a greyhound to run it down.
The career of the remaining member of the Fourth Party is not yet complete. Mr. Arthur Balfour in 1880 was an affable and rather idle young gentleman, who had delicately toyed with philosophy and diplomacy, was earnest in the cause of popular concerts, and brought to the House of Commons something of Lord Melbourne’s air of languid and well-bred indifference. How he came at all to be drawn into that circle of fierce energy which radiated from Lord Randolph Churchill was a puzzle to those who knew him best. In the early days of the Fourth Party no one—certainly not his comrades—regarded him as a serious politician. Lord Randolph, who delighted in nicknames, used to call him ‘Postlethwaite,’ and made him the object of much harmless and friendly chaff. In private life he already exercised that personal charm and fascination which in later years were curiously to deflect the course of great events. But he seemed so lacking in energy, so entirely devoid of anything like ambition, so slenderly and uncertainly attached to politics at all, that his friends feared he would withdraw altogether, and none recognised or imagined in this amiable, easy-going member for a family borough the calculating, tenacious, and unwearying Minister who was destined through so many years to control the House of Commons and shape the policy of the State.
The Employers’ Liability Bill afforded the new confederacy a wide and fertile field for their exertions. The law, as it had been formed by judicial decisions, was, according to modern ideas, strangely harsh upon the workman. The employer was liable for any injury done to third parties by the negligence of his servants but not for injuries done by one servant to another. If, for instance, there occurred at his mills an explosion which killed and wounded both outsiders and his own workmen, the employer might be sued for damages in respect of person or property by the outsiders or their representatives, but injured fellow-workmen had no legal claim because they were in what was called ‘common employment.’ Complaint against this anomaly had been loud and long. Two extreme remedies were proposed by the respective interests. On the one hand, the employers desired to be free from all liability for injuries done, except by themselves personally; on the other, the workmen demanded the abolition of the doctrine of ‘common employment’ and an assertion of the consequent liability of the employer to all alike. A Bill had been introduced in the preceding Parliament by Mr. Brassey, a private member, which proposed a middle course. It sought to extend the liability of the employer by nullifying the plea of ‘common employment’ whenever the injury was caused by a defect in the machinery, by the negligence of an authorised superintendent, or as the result of obedience to the employer’s rules or bye-laws. When the new Ministers assumed office the session was already advanced; and under a hasty necessity for providing a certain legislative pabulum for the activities of Parliament, the Government adopted, with very scanty examination, Mr. Brassey’s Bill. The complications in which this plan involved them were numerous. It had not originated in the great departments of the State and was, both in principle and drafting, an amateurish suggestion which might, indeed, sound very plausible and accommodating; but which had not been clearly thought out in a scientific spirit with the advantages of official information. No division was taken upon the second reading; but the debate aroused the Ministers in charge of the measure to the consciousness that they were committed to a confused and ill-considered proposal. It was necessary to move that the Bill should be re-committed, and before it reappeared it was almost entirely rewritten. Its general character as a compromise was, however, preserved.
The Fourth Party held deep council as to their policy upon this measure. They saw that a Bill had practically been thrown to the House to be moulded into shape by debate. They resolved to address themselves conscientiously to the task of perfecting the crude conceptions of the Government. But they resolved further the direction in which their influence should be exerted. The manufacturers and capitalists, who in those days were numerous and influential in the Liberal party, were already greatly perturbed at the extent to which their liability was to be increased, and the Government was constrained to listen to their grumbles. Sitting immediately behind Ministers, Sir Henry Mather Jackson groaned forth his anxieties. Not so the Fourth Party. They approached the question with open minds, as independent persons who desired only to do right between man and man and cared nothing for the sordid interests involved. Whereas Ministers had expected that Tory opposition would naturally take the form of a defence of the employers’ position, the Fourth Party proceeded to criticise the measure entirely in the interests of the working class. This secured them two advantages, which it may be presumed they desired equally. First, it was in accordance with the spirit of Lord Beaconsfield’s progressive Toryism and would really benefit the labouring people, for whose sake the Bill was designed. Secondly, nothing could be more embarrassing to a Liberal Government than Conservative opposition on the grounds that the Bill did not go far enough. ‘Be thorough,’ exclaimed these Tories to the Government. ‘Fulfil your election pledges. If you intend to deal with industrial questions let it be in an honest and courageous spirit.’ The Government was gravely disconcerted. They found themselves between two fires. Below the gangway the Radicals stirred uneasily at such unanswerable argument; and behind the Treasury Bench the wealthiest supporters of the party were gnashing their teeth at such reckless proposals.
Whenever the subject came before the House the four friends were in their places. There was not a single sitting from which they were absent, or a single clause which they did not amend, or seek to amend. It is, moreover, true that many important alterations in the scope and detail of the measure were conceded to their insistence and that many of their proposals, though rejected by the Government of 1880, have now become the law of the land. The unforeseen complexity of the measure afforded an indefinite scope to their ingenious minds. All sorts of hard cases were propounded, to which the Government could find no satisfactory reply. An employer was to be liable for accidents which occurred through his defective plant or stock. Did this include animate as well as inanimate things? The Ministers in charge had not made up their minds. They had contemplated in the word ‘stock’ a stack of timber or bricks which might fall and cause injury through negligent stacking. They were now invited to consider the case of live-stock. Lord Randolph said that a farmer might have a horse which he knew perfectly well had a disease of the foot and was liable to come down at any moment. Would the workman riding home from plough and injured by the fall be secured compensation under the Bill? ‘No,’ replied the law officers, ‘for the disease of the foot would not be due to the negligence of the employer.’ ‘But suppose,’ asked Mr. Balfour, ‘the employer had thrown down the horse and broken his knees, and that on a subsequent occasion, in consequence of the horse having been thrown down by his carelessness, his servant was thrown and broke his arm, what then?’ And it then appeared there might be liability.
And what was a defect in ‘stock’? The bricks or timber might be stacked so as to cause injury and yet be themselves most excellent materials. The defect was not in them but in the person who stacked them. Someone recollected that the rays of the sun had ignited lucifer matches lying in a shop window, which in turn set fire to gunpowder and produced a serious explosion. Where was the defect? If anywhere, it was in the glass which had concentrated the rays of the sun. Amid such questionings and the utter confusion to which they led, Mr. Dodson and his friends passed many uncomfortable hours. Lord Randolph and Mr. Gorst were very profuse in regrets for the slow progress of the Bill. But when the Government themselves did not understand their own measure it was necessary to be very careful indeed—and, after all, there was plenty of time; better sit till November than scamp public duties and pass slovenly or unworkable legislation.
Another dilemma was supplied by the case of domestic servants. Mr. Balfour and Lord Randolph together protested against their exclusion from the benefits of the Act—‘merely because they had no votes.’ ‘What is the special characteristic of footmen or chambermaids,’ asked the latter, ‘which disentitles them to compensation?’ No answer could be discovered except that the risks of such persons were not great. Lord Randolph suggested the case of the man who worked both in the house and in the stable: injured in the house, he received no compensation, injured in the stable, it was his right. How could it be contended that domestic servants ran no risks? ‘Suppose,’ inquired the member for Woodstock, in a speech which caused keen irritation to the Ministers and almost equal amusement to the House, ‘an explosion of gas. An employer comes home late at night. He does not, perhaps, altogether know what he is doing. He blows out the gas. An explosion results, and the servant is seriously injured; ought he not to receive compensation?’ ‘And what of lifts?’ chimed in Mr. Gorst. There were lifts in hotels as well as in factories. Suppose through some defect in the machinery of the lift a servant at a hotel was injured, why was his claim to compensation less good than that of the workman injured through a similar defect in a similar lift in a factory? To the reproach that zeal for the working classes was a new-found virtue in the Tory party and had not been apparent in the conduct of the late Government, Mr. Balfour replied tartly that the late Government had not been formed from members below the gangway, and that if it had the claims of the working classes would no doubt have been met.
So through all the sultry days of August the discussion went forward tirelessly. But it should not be supposed that these objections of detail were advanced frivolously with no general purpose behind them. Lord Randolph had, early in the debates, denounced the doctrine of ‘common employment’; and on the third reading Mr. Gorst moved the re-committal of the Bill in the name of the Fourth Party, on account of its multifold inequities and anomalies, and urged the recognition of some simple general principle which would equally govern the rights of all classes of outsiders, or workmen or servants, whether in factories, private or Government employ, whether in or out of doors. This conclusion is one which modern legislation has already largely secured and which its progress must ultimately achieve.