The Theory and Policy of Labour Protection

I do not forget that the organisation is to be based in the first instance on equal representation of classes. On the first two, and eventually on the third, step of the judicial and representative edifice, as many representatives are given to capital as to labour. In so far the organisation is a hybrid of Capitalism and Social Democracy. For the moment, and in the present stage, it is, for this very reason, of special value to the Social Democrats, as it supplies a method of completely crippling the forces opposed to them in the existing order. For it will be sufficient in the day of fulfilment, i. e. when all is ripe for the intended change, to give one shake, so to speak, in order to burst open the half capitalistic chrysalis, and let the butterfly of a Social Democratic “People’s State” fly out.

The half capitalistic organisation would, I repeat, be of the greatest value at present, in the early preparatory work of the Social Democrats. First, because the working class would become practically and thoroughly accustomed to co-operation instead of to subordination as hitherto; this is the transition step which cannot be avoided, to the supremacy of the working class over the employers’ class. Then, too, the proposed organisation would offer an excellent opportunity for passing through the transition step by step, by the continued weakening of the capitalist order of society in all its joints. The struggle with capital would have the sanction and the organised force of legislation. It would receive legal organisation, and would even be legally enjoined. This legalised battle would proceed over the whole circuit of industrial activity, including trade and transport, and including also the state regulated portion of it.

In addition to this the organisation would be peculiarly fitted to cripple even the least objectionable bulwarks of capital, even the altogether unbiassed and nonpartisan operation of the local and district, and probably even ultimately of the imperial courts.

The apparently equal coupling of the influence of both classes would lead to the result that the class which had the more energetic representatives and the slighter interest in the maintenance of the “working rules” would be able at any moment and at any point in the national industrial life, to bring everything to a deadlock. The labour councillor would be dependent on the Labour Chambers, and they in turn would be entirely dependent on the leaders of labour. By the provision that the president shall have no vote, and a tie in voting shall therefore count as a defeat, the workmen’s electorate hold in their hands the power to obstruct at will any resolution, and especially to obstruct the issue of the working rules in any business, since the rules must be submitted to the approval of the Labour Chambers.

The function of “supporting the Labour Boards by advice and active help in all questions touching the industrial life of their district,” might very easily, by virtue of the above provision, be so abused by the Labour Chambers as to deprive individual industrial inspectors of all possibility of just and independent action, and hence by degrees to entirely cripple and destroy the value of the inspectorate as a whole; there can, I think be no doubt that before very long these powers would intentionally be used for this purpose.

The action of a positive Social policy would be hopelessly crippled by an equally balanced class representation, while at the same time the existing order of industrial life would be disturbed and shaken down to the very last and smallest branches of industry.

Nor would this be all, for such an organisation would secure fixed salaries for the staff of agitators in the Labour party, since the representatives would receive daily pay and defrayment of travelling expenses from the Imperial exchequer. Debates and discussions might be carried on without intermission, the pay continuing all the time, for each Labour Chamber would be convened, not only once a month, but also at any time at the request of one-third of the members of the Labour Chamber, therefore of two-thirds of the labour representatives in the chamber. By virtue of the provision which gives them unlimited right of intervention, pretexts for convening frequent meetings would never be wanting.

Hence it is evident that no more effectual machinery could be devised for the legal preparation for leading up the existing social order directly to the threshold of the “People’s State.” The attempt to convert the hybrid Capitalist-Socialist state to a pure Socialist state would be a perfectly simple matter, both in the Empire, the provinces, and the local districts, as soon as we had allowed Social Democracy one or two decades in which to turn the two-fold class representation to their own ends. By a single successful revolutionary “coup” in the chief city of the Empire, or in the chief cities of several countries simultaneously, representation of capital in the Labour Courts might be thrown overboard, and the “People’s State” would be ready; the parliament of a purely popular government would hold the field, and the present representation of the nation which includes all classes and watches over the spiritual and material interests of the whole nation, might without difficulty be swept away from Empire, province, district and municipality.

The construction of a complete system of “collective” production would be easy, for it would find the framework ready to its hand, complete from base to summit, fully mapped out on the plan.

Perhaps the leaders themselves are not fully conscious of the lengths to which their proposed organisation may carry them. One can quite understand how from their standpoint they fail to see the end. They have pursued the path that seemed the most likely to lead to their goal of a radical change of the existing social order. The whole responsibility will rest with the parties in power, if they do more than hold out their little finger, which they have already done, to help Social Democracy along this path of organisation.

CHAPTER XII.

FURTHER DEVELOPMENT OF PROTECTIVE ORGANISATION

In spite of all that can be urged against them, however, we may gather much, not merely negative, but also positive, knowledge from the proposals of Social Democracy. An organisation which shall be equipped with full authority, which shall be independent, complete in all its parts, which shall prevail uniformly and equally over the whole nation; an organisation which shall avoid the disintegration of collective aids to labour, which shall encourage industrial representation and prevent the division of authority amongst many different courts: such is the root idea of the proposal, and this idea is just, however unacceptable may appear to us the form in which it is clothed in the Auer Motion. Nothing is omitted in the Auer Motion except the assignment of their various duties to the various branches of the territorial representative bodies, and the working out of an elementary local organisation. I shall therefore try to work out the idea into a legitimate and possible form of development. In order to do this I must distinguish between the organisation required for executive and for representative bodies.

As regards the executive organs, neither in Germany nor elsewhere is the industrial inspectorate at present furnished with a sufficient number of paid head-inspectors and sub-inspectors. Scarcely any of the sub-inspectors are drawn from the labouring class except in the case of England. Industrial inspection in Germany has not yet attained uniform extension over the whole Empire. The inspectors of the different provinces, and the chief provincial inspectors of the whole Empire require to be brought into regular communication with each other and with a Central Bureau adapted for all forms of aid to labour, including Labour Protection – an organ which of course must not interfere with the imperial, constitutional, and administrative independence of the States of the Bund. If the individual inspectors were everywhere carefully chosen, the assembling of all inspectors for deliberation with the Provincial and Imperial Central Bureaux of Labour Protection would in nowise retard, but on the contrary would serve to promote the complete and equitable administration of Labour Protection and all forms of aid to labour. This is the really fruitful germ contained in the idea of an “Imperial Labour Board.”

A Provincial Labour Board might effect much in the same direction. We are not without the beginnings of a uniform constitution of this kind: England has an Inspector-General, Austria a Central Inspector; in Switzerland the inspectors hold regular conferences; in France a comprehensive scheme of inspectoral combination is projected.

The choice of persons as head and sub-inspectors, which is a matter of such great importance, might be subject to nomination by the united provincial inspectorate, coupled with instructions to direct particular attention to the selection of persons of practical experience, without social bias, well versed in knowledge of technical and hygienic matters, and suited to the special needs of the several posts.

But the mere development of the inspectorate would not be the only step in the progress of the organisation of Labour Protection. We must go much further than this. The combined interests of economy, simplicity, efficiency, and permanence of service, point to the necessity of relieving as far as possible the regular governmental courts of the Empire, of the province, and of the municipality, of the extra burden of judicial and police administration involved in special branches of Labour Protection, and in all other special forms of aid to labour. The same considerations involve the necessity of gradually developing a better organisation of associated labour boards, an imperial board, and provincial, district, and municipal boards. We should thus get rid of the present confusion of divided authority without entirely depriving Labour Protection, both individual and general, of the assistance of the ordinary administrative courts. This is the task that I have repeatedly insisted upon as imperatively requiring to be taken in hand in connexion with Labour Insurance. The Auer Motion attempts to meet this necessity.

Much also that is very just and very practical is contained in the idea of extending the sphere of operations of the Imperial Labour Board and of the District Boards so as to embrace not only Labour Protection but every form of aid to labour. Complaint is made that the organisation of Labour Insurance, in spite of all caution, has frequently proved a unpractical and costly piece of patchwork administration. Would it not then be more to the point, and would it not more easily fulfil the object of Labour Insurance and Labour Protection, and later on also of dwelling reform, inspection of work, etc., to create municipal district and provincial boards, with a great Imperial Central Bureau at the head? In order that each special branch of protection might receive proper attention, care would have to be taken in appointing to the offices of the collective organ, to insure the inclusion of the technical, juristic, police, hygienic, and statistic elements, and it would be necessary to group these elements into sections without destroying the unity of the service. There would be no lack of material, and it would not be difficult to secure a good, efficient, and economical working staff.

No less reasonable is the idea of a “guild” of the eldest in the trade, or of a factory committee for the several large works with representation of both classes to appoint the district, provincial, and imperial labour councils. So far from being extreme in this respect, the Auer Motion is rather to be reproached with incompleteness, and a lack of provision for local Labour Councils and Labour Chambers, a point which we have already mentioned. But the representative bodies would have a significance extending far beyond the limits of Labour Protection – following the example of Switzerland the von Berlepsch Bill admits factory labour-committees for dealing with matters concerning the factory working rules – they would be agencies for the care of labour, for the insurance of social peace, the protection of morality, the settlement of disputes and the maintenance of order in the factory, for the instruction and discipline of apprentices, for the control of the administration of protective legislation, for dealing with the wage question, in a word for softening the severe autocracy of the employers and their managers by the co-operation and advice of the workers. And in this case I have nothing further to add to what I have already said on the matter in a former article.

But the supporter of even the most comprehensive scheme of labour representation does not stand committed to any such system of parliamentary management of industry by democratic majority as is proposed in the Auer Motion. The appointment and the working of the Labour Councils and Labour Chambers seems to me to introduce quite another element into the scheme.

The regular, not merely the accidental and occasional, meeting of the inspectors with the body of employers and workers is a recognised practical necessity; a less bureaucratic system of industrial management is demanded on all sides. Regularly appointed ordinary and special meetings with the Labour Chambers would no doubt accomplish much. The inspector ought to be accessible to the expression of all wishes, advice, and complaints; but, on the other hand, he should not yield blind obedience to the rulings and representations of such organs. The industrial inspector must be, and must remain, an officer of the State, capable of acting independently of either class, appointed by government; only under these circumstances can he perform the duties of his office with firmness and impartial justice; in his appointment, in his salary, and in the exercise of his official duties he should be furnished with every guarantee to insure the independence of his judgment. It is nowise incompatible with this that he should be open to receive representations, whether in the way of advice, information, or complaint. The more he lays himself open to such in the natural course of work, the more important will his duties and position become, both on his circuits and in his office. The right of appeal to higher courts can always be secured to the Labour Chambers in cases of complaint. But how should representative bodies of this kind be formed?

In answering this question care must be taken above all not to confound such public Labour Chambers as are suggested in the Auer proposals with voluntary joint committees of both classes. Each of these representative organs requires its own special constitution.

The voluntary unions appoint committees for the security of class interests, and especially for the purpose of making agreements as to conditions of work. The election of these representative bodies ought to be made by both classes with unrestricted equal eligibility of all, including the female, members of any union, and without predominance of one class over the other, or of any section of one class.

I have already in a former article (see also above, Chap. V.) laid great stress upon the development of this voluntary or conciliatory representation of both classes as a means of union which can never be replaced by the other or legal form of representation.

The need for a representative system in the organs of the different forms of state-aid to labour is quite another matter.

Their tasks require special, public, legalised representation, with essentially only the right of deliberation; but they may also decide by a majority of votes questions which lie within the sphere of their competence.

As regards this public representation, it seems to me that joint appointment by direct choice of all the individuals in both classes, and out of either class, tends to the preservation of class enmity rather than to the mutual conciliation of the two classes and to the promotion of their wholesome joint influence on the boards. This kind of appointment might be dispensed with by limiting direct election as far as possible to the appointment of the elementary organs of representation; but for the rest by drawing the already existing authorities of a corporate kind into the formation of the system of general representation. Herein I refer to such already existing organs as those of labour insurance, Chambers of Commerce and Industrial guilds, railway boards, local and parliamentary representatives; and other elementary forms of corporate action might also be pressed into the service. A thoroughly serviceable, fully accredited personnel would thus be secured for all Labour Boards.

This system might even be applied to the election or appointment by lot of the Industrial Court of Arbitration. If the Labour Chambers were corporate bodies really representative of the trade, then the Industrial Courts of Arbitration, both provincial and local, might be constituted as thoroughly trustworthy public organs – without great expense, free from judicial interference, competent as courts of the first and second instance, and not in any way dependent on the communal authorities – either freely elected by the managers of the workmen’s clubs and the employers’ boards or companies, or chosen by lot from the personnel of the already existing corporate institutions above referred to. The system of direct election by the votes of all the individual workers and employers would thus be avoided, and, more important still, this method would meet the difficulty which proved the crux of the whole question when the organisation of Industrial Courts of Arbitration was discussed in the last Reichstag: the distinction between young persons and adults would not enter into consideration, either in the case of Labour Chambers or of the Courts of Arbitration proceeding therefrom.

There would be no need, under this system, that electors of either class should be required to limit their choice of representatives to members of their own class. Each body of electors would be free to fix their choice on the men who possessed their confidence, wherever such might be found. This would further help to stamp out the antagonisms which are excited by the separate corporate representation of both classes. Men would be appointed who would need no special protection against dismissal. But the representatives of the workers when chosen out of the midst of the working electorate might still receive daily pay and defrayment of travelling expenses. If this were entered to the account of the unions which direct the election through members of the managing committee, and if charged pro rata of the electors appointed, a sufficient safeguard would be provided against the temptation to protract the sessions or to bribe professional electors.

The foregoing sketch of the executive and representative development of the organisation of Labour Protection in the direction of united, simple, uniform, specialized organisation of the whole aggregate of aids to labour, ought at least to deserve some attention.

Provided that the upward progress of our civilisation continues generally, this quite modern, hitherto unheard of, development of boards and representative bodies, even if only brought about piecemeal, will eventually be brought to completion, and will effect appreciable results in the State and in society. Some of the best forms of special boards, i. e. special representative bodies are already making their appearance, e. g. the “Labour Secrétariats” in Switzerland, the American “Boards of Labour,” and the Russian “Factory Courts” under the governments of St. Petersburg, Moscow, and Vladimir (Act of June 23, 1868).

CHAPTER XIII.

INTERNATIONAL LABOUR PROTECTION

Years and years elapsed before the first supporters of international protection received any recognition. Then immediately before the assembling of the Berlin Conference, the idea began to take an enormous hold on the public mind. Switzerland demanded a conference on the subject. Prince Bismark refused it. The Emperor William II. made an attempt towards it by summoning an international convention to discuss questions of Labour Protection.

The inner springs of the movement for international Labour Protection are not, and have not been, the same everywhere.

With some it is motived by the desire to secure for wage labour in all “Christian” States conditions compatible with human dignity and self-respect. This was the basis of the Pope’s negotiations with the labour parties and with certain of the more high-minded sovereigns and princes. Others demand it in the combined interests of international equilibrium of competition and of Labour Protection, believing that these two may be brought into harmony by the international process, since if industry were equally weighted everywhere, and the costs of production, therefore, approximately the same everywhere, protected nations would not suffer in the world’s markets. The first, the more “idealist” motive prevails most strongly among Catholics, and contains no doubt a deeper motive – namely, the preservation of the social influence of the Church. At the International Catholic Economic Congress at Suttich, in September, 1890, this view prevailed, with the support of the English and Germans, against the opposition of the Belgians and French.

The light in which international Labour Protection is viewed depends upon whether the one or the other motive prevails, or whether both are working together.

Two results are possible. Either limits will be set to the right of restricting protection of employment and protection in occupation by means of universal international legislation, or the interchange of moral influence between the various governments will be brought about by means of periodical Labour Protection Conferences and through the Press, which on the one hand would promote this interchange of influence, and on the other hand would, uniformly for all nations, demand and encourage the popular support of all protective efforts outside the limits of the State.

Before the Berlin Conference it was by no means clear what was expected of international Labour Protection. Since the Conference it has been perfectly clear, and this alone is an important result.

The international settlement which Prince Bismark had opposed ten years before did not meet with even timid support at the Berlin Conference. England and France were the strongest opponents of the idea of the control of international protective legislation. This can be proved from the reports of the Berlin Conference.

The representative of Switzerland, H. Blumer, in the session of March 26, 1890, made a proposal, which was drawn up as follows: —

“Measures should be taken in view of carrying out the provisions adopted by the Conference.

“It may be foreseen on this point that the States which have arrived at an agreement on certain measures, will conclude an obligatory arrangement; that the carrying out of such arrangement will take place by national legislation, and that if this legislation is not sufficient it will have to receive the necessary additions.

“It is also safe to predict the creation of a special organ for centralizing the information furnished, for the regular publication of statistical returns, and the execution of preparatory measures for the conferences anticipated in paragraph 2 of the programme.

“Periodical conferences of delegates of the different governments may be anticipated. The principal task of these conferences will be to develop the arrangements agreed on and to solve the questions giving rise to difficulty or opposition.”

Immediately upon the opening of the discussion on this motion, the delegates from Great Britain moved the rejection of the proposal of Switzerland, “since, in their opinion, an International Convention on this matter could not supply the place of special legislation in any one country. The United Kingdom had only consented to take part in the Conference on the understanding that no such idea should be entertained. Even if English statesmen had the wish to contract international obligations with respect to the regulation of factory labour, they would have no power to do so. It is not within their competence to make the industrial laws of their country in any way dependent on a foreign power.” The Austrian delegate suggested that it be made quite clear “that the superintendence of the carrying out of the measures taken to realise the proposals of the Conference is exclusively reserved to the Governments of the States, and that no interference of a foreign power is permitted.” The Belgian delegate “considers it advisable, in order that the deliberations of the Conference may keep their true character, not to employ the word ‘proposals,’ but to substitute for it ‘wishes,’ or ‘labours.’” M. Jules Simon, the French delegate, states that he and his colleagues have received instructions which “forbid them to endorse any resolution which either directly or indirectly would appear to give immediate executive force to the other resolutions formulated by the Conference.” And M. Tolain adds that “it is true that the French Government had always considered the meeting of the Conference exclusively as a means of enquiring into the condition of labour in the States concerned, and into the state of opinion in respect to it, but that they by no means intended to make it, at any rate for the present, the point of departure for international engagements.”