the man versus the state-第3节
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tent to which the future will see it carried if current ideas and feelings continue to predominate。
Before proceeding; it may be well to say that no reflections are intended on the motives which prompted one after another of these various restraints and dictations。 These motives were doubtless in nearly all cases good。 It must be admitted that the restrictions placed by an Act of 1870; on the employment of women and children in Turkey…red dyeing works; were; in intention; no less philanthropic than those of Edward VI; which prescribed the minimum time for which a journeyman should be retained。 Without question; the Seed Supply (Ireland) Act of 1880; which empowered guardians to buy seed for poor tenants; and then to see it properly planted; was moved by a desire for public welfare no less great than that which in 1533 prescribed the number of sheep a tenant might keep; or that of 1597; which commanded that decayed houses of husbandry should be rebuilt。 Nobody will dispute that the various measures of late years taken for restricting the sale of intoxicating liquors; have been taken as much with a view to public morals as were the measures taken of old for checking the evils of luxury; as; for instance; in the fourteenth century; when diet as well as dress was restricted。 Everyone must see that the edicts issued by Henry VIII to prevent the lower classes from playing dice; cards; bowls; etc。; were not more prompted by desire for popular welfare than were the Acts passed of late to check gambling。 Further; I do not intend here to question the wisdom of these modern interferences; which Conservatives and Liberals vie with one another in multiplying; any more than to question the wisdom of those ancient ones which they in many cases resemble。 We will not now consider whether the plans of late adopted for preserving the lives of sailors; are or are not more judicious than that sweeping Scotch measure which; in the middle of the fifteenth century; prohibited captains from leaving harbour during the winter。 For the present; it shall remain undebated whether there is a better warrant for giving sanitary officers powers to search certain premises for unfit food; than there was for the law of Edward III; under which innkeepers at seaports were sworn to search their guests to prevent the exportation of money or plate。 We will assume that there is no less sense in that clause of the Canal…boat Act; which forbids an owner to board gratuitously the children of the boatmen; than there was in the Spitalfields Acts; which; up to 1824; for the benefit of the artisans; forbade the manufacturers to fix their factories more than ten miles from the Royal Exchange。 We exclude; then; these questions of philanthropic motive and wise judgement; taking both of them for granted; and have here to concern ourselves solely with the compulsory nature of the measures which; for good or evil as the case may be; have been put in force during periods of Liberal ascendancy。 To bring the illustrations within compass; let us commence with 1860; under the second administration of Lord Palmerston。 In that year; the restrictions of the Factories Act were extended to bleaching and dyeing works; authority was given to provide analysts of food and drink; to be paid out of local rates; there was an Act providing for inspection of gas…works; as well as for fixing quality of gas and limiting price; there was the Act which; in addition to further mine inspection; made it penal to employ boys under twelve not attending school and unable to read and write。 In 1861 occurred an extension of the compulsory provisions of the Factories Act to lace…works; power was given to poor…law guardians; etc。; to enforce vaccination; local boards were authorized to fix rates of hire for horses; ponies; mules; asses; and boats; and certain locally…formed bodies had given to them powers of taxing the locality for rural drainage and irrigation works; and for supplying water to cattle。 In 1862 an Act was passed for restricting the employment of women and children in open…air bleaching; and an Act for making illegal a coal…mine with a single shaft; or with shafts separated by less than a specified space; as well as an Act giving the Council of Medical Education the exclusive right to publish a Pharmacopoeia; the price of which is to be fixed by the Treasury。 In 1863 came the extension of compulsory vaccination to Scotland; and also to Ireland; there came the empowering of certain boards to borrow money repayable from the local rates; to employ and pay those out of work; there came the authorizing of town authorities to take possession of neglected ornamental spaces; and rate the inhabitants for their support; there came the Bakehouses Regulation Act; which; besides specifying minimum age of employees occupied between certain hours; prescribed periodical lime…washing; three coats of paint when painted; and cleaning with hot water and soap at least once in six months; and there came also an Act giving a magistrate authority to decide on the wholesomeness or unwholesomeness of food brought before him by an inspector。 Of compulsory legislation dating from 1864; may be named an extension of the Factories Act to various additional trades; including regulations for cleansing and ventilation; and specifying of certain employees in match…works; that they might not take meals on the premises except in the wood…cutting places。 Also there were passed a Chimney…Sweepers Act; an Act for further regulating the sale of beer in Ireland; an Act for compulsory testing of cables and anchors; an Act extending the Public Works Act of 1863; and the Contagious Diseases Act: which last gave the police; in specified places; powers which; in respect of certain classes of women; abolished sundry of those safeguards to individual freedom established in past times。 The year 1865 witnessed further provision for the reception and temporary relief of wanderers at the cost of ratepayers; another public…house closing Act; and an Act making compulsory regulations for extinguishing fires in London。 Then; under the Ministry of Lord John Russell; in 1866; have to be named an Act to regulate cattle…sheds; etc。; in Scotland; giving local authorities powers to inspect sanitary conditions and fix the numbers of cattle; an Act forcing hop…growers to label their bags with the year and place of growth and the true weight; and giving police powers of search; an Act to facilitate the building of lodging…houses in Ireland; and providing for regulation of the inmates; a Public Health Act; under which there is registration of lodging…houses and Station of occupants; with inspection and directions for lime…washing; etc。; and a Public Libraries Act; giving local powers by which a majority can tax a minority for their books。 Passing now to the legislation under the first Ministry of Mr Gladstone; we have; in 1869; the establishment of State…telegraphy; with the accompanying interdict on telegraphing through any other agency; we have the empowering a Secretary of State to regulate hired conveyances in London; we have further and more stringent regulations to prevent cattle…diseases from spreading; another Beerhouse Regulation Act; and a Sea…birds Preservation Act (ensuring greater mortality of fish)。 In 1870 we have a law authorizing the Board of Public Works to make advances for landlords' improvements and for purchase by tenants; we have the Act which enables the Education Department to form school…boards which shall purchase sites for schools; and may provide free schools supported by local rates; and enabling school…boards to pay a child's fees; to compel parents to send their children; etc。; etc。; we have a further Factories and Workshops Act; making; among other restrictions; some on the employment of women and children in fruit…preserving and fishcuring works。 In 1871 we meet with an amended Merchant Shipping Act; directing officers of the Board of Trade to record the draught of sea…going vessels leaving port; there is another Factory and Workshops Act; making further restrictions; there is a Pedlar's Act; inflicting penalties for hawking without a certificate; and limiting the district within which the certificate holds; as well as giving the police power to search pedlars' packs; and there are further measures for enforcing vaccination。 The year 1872 had; among other Acts; one which makes it illegal to take for hire more than one child to nurse; unless in a house registered by the authorities; who prescribe the number of infants to be received; it had a Licensing Act; interdicting sale of spirits to those apparently under sixteen; and it had another Merchant Shipping Act; establishing an annual survey of passenger steamers。 Then in 1873 was passed the Agricultural Children's Act; which makes it penal for a farmer to employ a child who has neither certificate of elementary education nor of certain prescribed school attendances; and there was passed a Merchant Shipping Act; requiring on each vessel a scale showing draught and giving the Board of Trade power to fix the numbers of boats and life…saving appliances to be carried。 Turn now to Liberal law…making under the present Ministry。 We have; in 1880; a law which forbids con