CHAPTER V.
THE GERMAN LABOUR HOUSES.
The early legislation of Germany relative to begging and vagrancy was not greatly dissimilar in spirit from our own. Down to the sixteenth century Germany was satisfied with the mere prohibition of these practices. A Resolution of the Diet at Lindau in 1497 simply forbade vagabondage, and ordered the authorities to exercise supervision over beggars of all kinds. In 1532 Emperor Charles V., in Article 30 of his Penal Court Ordinance, similarly enjoined the authorities to "exercise vigilant oversight over beggars and vagrants," and in 1557 the Imperial Police Ordinance sanctioned the issue of begging letters to poor people for whose support local funds did not exist.
During the eighteenth century a series of decrees and regulations were issued against begging in various German States, but without suppressing it, and towards the end of the century the evil in many parts of the country had reached proportions which threatened public security.
"As late as the third quarter of the eighteenth century, and in some parts of the country until its close, the most shameless and wide-spread mendicity defied at once the severest official prohibitions and the best meant endeavour of the communes and private individuals."[59]
[Footnote 59: Biedermann, "Deutschland im 18 ten Jahrhundert," Vol. I., p. 401.]
Then it was that the idea of the disciplinary treatment of vagrants and loafers in general took root, leading in time to the institution all over the country of special houses of detention, not inaptly called Labour Houses, for the reception of these offenders, of the work-shy of every description, and of certain other classes of people who followed a disorderly mode of life. When the Empire was established, the practice of the various States was embodied in the Imperial Penal Code, and Labour House treatment is now the recognised mode of correcting sloth, loafing, and habitual intemperance and immorality throughout Germany.
Sections 361 and 362 of the Penal Code define as follows the offences which may entail detention in a Labour House:--
"(1) Whoever wanders about as a vagabond.
"(2) Whoever begs or causes children to beg or neglects to restrain from begging such persons as are under his control and oversight and belong to his household.
"(3) Whoever is so addicted to gambling, drunkenness, or idleness that he falls into such a condition as to be compelled to seek public help himself, or for those for whose maintenance he is responsible.
"(4) Any female who is placed under police control owing to professional immorality when she acts contrary to the police regulations issued in the interest of health, public order, and public decency, or who, without being under such control, is guilty of professional immorality.
"(5) Any person who, while in receipt of public relief, refuses out of sloth to do such work suited to his strength as the authorities may offer him.
"(6) Any person who, after losing his past lodging, fails to procure another within the time allotted to him by the competent authority and who cannot prove that in spite of his best endeavours he has been unable to do so."
An Amendment of the Penal Code dated June 25, 1900, added to this list of offenders procurers and _souteneurs_. The law enjoins that persons convicted of misdemeanours as above may be handed over to the State police authorities after undergoing the allotted imprisonment, with a view to their further detention in Labour Houses, there to be usefully employed under strict control. Some of the Prussian Labour Houses are used, to a small extent, for the reception of youths who are taken from parental control owing to bad behaviour.
The mode of procedure under this law is very summary, but very effectual. A vagrant, a loafer, or a work-shirker falls into the hands of the policeman, who in Germany is taught to protect both the highway and the street against uses for which they were never intended. By this official he is haled before the _Amtsgericht_, which is a local Court of First Instance for the adjudication of petty cases. As a rule, he is sentenced to a few weeks' imprisonment, and to be afterwards handed over to the _Landespolizei_ or State Police Authority. In effect, he is despatched to the district in which the original offence was committed. The whole of the documents in the case are passed on to the President or Prefect of this district, and it is this official who fixes the term of detention in the provincial Labour House. The maximum period is two years, but whether the man obtains discharge at the end of a shorter sentence depends entirely upon himself. If he shows distinct signs of improvement as the result of his discipline, he may be released. If not the sentence is probably prolonged for six months, or in bad cases to the maximum term, at the end of which the prisoner must unconditionally be discharged, whether reformed or not. In practice it rests entirely with the Director of the Labour House to determine whether a sentence should be prolonged or not, for though the District President nominally decides, it is on the direct representation of the Director, whose recommendation is seldom or never ignored.
Thus, the Labour House is not punitive in the technical sense; it exists for the one purpose of training the lazy and the vicious to a life of labour and industry. Labour Houses of this kind are found in almost all the States, in numbers proportionate to the population. Some of them, however, serve for large towns, as in the case of Berlin, Hamburg, and Dresden. Prussia has twenty-five Labour Houses, of which seven are for men only, two for women only, and sixteen for both sexes. The following is a list of these institutions, with the accommodation they afforded in the year 1908:--
GERMAN LABOUR HOUSES.
----------------+--------------+-------------------------------+---------------------------------------------- | | Accommodation for | Number of | +---------------+---------------+------------+-----------+-----------+--------- Labour House | Province. | Detainees. | Wards. | | | | (Locality). | +---------------+---------------+Dormitories.|Workrooms. |Sickrooms. |Cells and | |Males.|Females.|Males.|Females.| | | | Cabins. ----------------+--------------+------+--------+------+--------_------------+-----------+-----------+--------- Tapiau | East Prussia | 392 | 80 | -- | -- | 11 | 9 | 6 | 23 Konitz | West Prussia | 350 | 100 | 170 | 100 | 16 | 8 | 13 | 13 Rummelsburg | Brandenburg | 400 | 300 | 225 | 75 | 20 | 30 | 20 | -- Strausberg | " | 380 | -- | 90 | -- | 10 | 41 | 9 | -- Prenzlau | " | 400 | -- | 80 | 26 | 9 | 23 | 12 | 12 Landsberg a. W. | " | 190 | 40 | 50 | 30 | 7 | 37 | 15 | 3 Neustettin | Pomerania | 150 | 10 | 40 | 20 | 9 | 11 | 13 | -- Ückermünde | " | 340 | 14 | 7 | 7 | 2 Stralsund | " | 120 | 25 | -- | -- | 5 | 4 | 4 | -- Greifswald | " | 110 | -- | -- | -- | 3 | 4 | -- | -- Bojanowo | Posen | 450 | -- | -- | -- | 2 | 26 | 8 | -- Fraustadt | " | -- | 130 | -- | -- | 4 | 5 | 3 | -- Schweidnitz | Silesia |1,200 | 150 | 130 | 50 | 46 | 64 | 16 | 13 Breslau | " | 600 | 300 | -- | -- | 22 | 17 | 8 | 2 Gross Salze | Saxony | 358 | 57 | 90 | 30 | 18 | 39 | 16 | 21 Moritzburg | " | 585 | 55 | 8 | 2 | 14 | 35 | 10 | 19 Glückstadt | Schleswig | 700 | 50 | -- | -- | 15 | 27 | 5 | 19 Bockelholm | " | 300 | -- | -- | -- | 2 | 6 | 3 | -- Benninghausen | Westphalia | 350 | 60 | -- | -- | 21 | 23 | 6 | 3 Breitenau | Hesse-Nassau | 300 | 35 | 30 | 5 | 5 | 14 | 4 | -- Hadamar | " | 236 | 80 | 10 | 6 | 9 | 12 | 5 | -- Brauweiler |Rhine Province|1,090 | 195 | 50 | 105 | 47 | 56 | 16 | 281 Moringen | Hanover | 800 | -- | -- | -- | 21 | 27 | 14 | 16 Wunstorf | " | 300 | -- | 550 | -- | 22 | 26 | 37 | 103 Himmelsthür | " | -- | 125 | -- | 190 | 10 | 7 | 11 | 29 ----------------+--------------+------+--------+------+--------+------------+-----------+-----------+---------
The numbers of persons, detained for correction, dealt with by the whole of the Prussian Labour Houses in the course of the administrative year 1907-8 were as follows:--
------------------------+--------+----------+-------- | Males. | Females. | Total. ------------------------+--------+----------+-------- Number at the beginning | | | of the year | 7,200 | 848 | 8,048 Admitted during the | | | year | 6,716 | 731 | 7,447 Discharged during the | | | year | 6,839 | 892 | 7,731 Number at the end of | | | the year | 7,077 | 687 | 7,764 Total number detained | 13,916 | 1,579 | 15,495 Average number detained | | | daily | 6,779 | 749 | 7,528 ------------------------+--------+----------+--------
The persons detained were classified in the following groups of occupations:--
------------------------+--------+----------+-------- | Males. | Females. | Total. ------------------------+--------+----------+-------- Agriculture, forestry, | | | gardening, fishing, | | | etc. | 923 | 30 | 953 Industry, mining, and | | | building trades | 3,057 | 42 | 3,099 Trade and commerce | 717 | 17 | 734 Domestic service and | | | casual labour | 1,488 | 296 | 1,784 Public service and | | | professions | 114 | 5 | 119 No occupation, or none | | | declared | 8 | 302 | 310 +--------+----------+-------- Totals | 6,307 | 692 | 6,999 ------------------------+--------+----------+--------
Of 6,990 persons classified by age, 174 were under twenty-one years of age, 262 were from twenty-one to twenty-five years of age, 529 from twenty-five to thirty, 1,664 from thirty to forty, 2,231 from forty to fifty, 1,532 from fifty to sixty, 548 from sixty to seventy, and 50 were seventy years of age and upwards.
The offences for which 6,299 male and 692 female inmates were committed to the Labour Houses in that year were as follows:--
------------------------+--------+----------+-------- | Males. | Females. | Total. ------------------------+--------+----------+-------- Vagabondage | 328 | 47 | 375 Begging | 4,166 | 69 | 4,235 Begging and vagrancy | | | together | 702 | 31 | 733 Laziness | 97 | 6 | 103 Professional immorality | 188 | 481 | 669 Work-shyness | 8 | 3 | 11 Homelessness | 810 | 55 | 865 +--------+----------+-------- Totals | 5,299 | 692 | 6,991 ------------------------+--------+----------+--------
The periods of commitment by the judicial authorities were as under:--
------------------------+--------+----------+-------- | Males. | Females. | Total. ------------------------+--------+----------+-------- Three months or less | 20 | 5 | 25 From three to six | | | months | 1,443 | 242 | 1,685 Over six months and | | | under two years | 3,535 | 359 | 3,594 Two years | 1,599 | 85 | 1,684 +--------+----------+-------- Total | 6,297 | 691 | 6,988 ------------------------+--------+----------+--------
Of the offenders enumerated above, 4,445 or 64 per cent. had been detained in a Labour House before, and 2,293 or 33 per cent. had been so detained more than three times, while 5,865 or 84 per cent. had been in prison. Further, 1,253 or 18 per cent. had been recommitted to a Labour House within twelve months of their last discharge from the same.
Most of these Labour Houses are situated in the open country, and follow a mixed economy of agriculture and industry, though the number of men who can be employed usefully in farm work would appear to be small. The following statement of the different modes of employment in force in 1908 comprises young people detained for reformation, in addition to the adults committed by judicial process for disciplinary reasons:--
EMPLOYMENT OF DETAINEES.
------------------------+--------+----------+-------- | Males. | Females. | Total. ------------------------+--------+----------+-------- Average daily number | | | of detainees | 8,775 | 1,275 | 10,050 Average daily number | | | employed | 7,290 | 904 | 8,194 Character of | | | employment-- | | | 1. For the Labour | | | Houses-- | | | (_a_) Domestic work | 1,524 | 372 | 1,896 (_b_) Agriculture | 551 | 32 | 583 (_c_) Other work | 642 | 85 | 727 +--------+----------+-------- Total (_a_), (_b_),| | | (_c_) | 2,717 | 489 | 3,206 ------------------------+--------+----------+--------
------------------------+--------+----------+-------- 2. For the Provincial | | | Authorities | 1,903 | 88 | 1,991 3. For the Public | | | Authorities | 105 | -- | 105 4. For officers of the | | | establishments | 124 | 23 | 147 5. For outside persons--| | | (_a_) Agricultural | | | work | 704 | 21 | 725 (_b_) Industrial work | 1,737 | 283 | 2,020 +--------+---------+--------- Total (_a_) and | | | (_b_) | 2,441 | 304 | 2,745 ------------------------+--------+----------+--------
In considering the industrial methods on which the Labour Houses are administered, it may be well to bear in mind the principles which are applied to Prussian penal establishments in general, for they apply to these institutions. A recent official statement upon the subject runs as follows[60]:--
[Footnote 60: "Statistik der zum Ressort des Königlich Preussischen Ministeriums des Innern gehörenden Strafanstalten und Gefängnisse und der Korrigenden für das Rechnungsjahr 1903," pp. xx-xxii.]
"(1) The requirements of the individual establishments, and of the prison administration in general, are as far as possible to be supplied by the prisoners. All domestic work is to be done by the prisoners; clothing and articles needed for bedding, etc., are also to be done by them, and to this end weaving shops are provided in some prisons. Repairs to buildings, works of rebuilding, extensions, and new buildings are to be carried out by prisoners, who are specially to be used in the construction of dwelling-houses for the officers.
"(2) The production of useful articles needed by the Imperial and State authorities is to be encouraged as far as possible, and this branch of work increases every year. Tailoring and other equipment work for barracks and hospitals are largely done to the order of the War Office, also furniture for official rooms for the State Railway Administrations.
"(3) Criminal prisoners may be used for agricultural improvement works on behalf of State and communal authorities, and also of private persons, provided at least a year of their sentence has expired, their conduct has been good, and the remainder of their sentence does not exceed a year, or in exceptional cases two years. With their consent correctional prisoners who have served six months (and in exceptional cases three months), have been of good behaviour, and have not longer than two years to serve, may be similarly employed. Criminal and correctional prisoners may not be employed together; and they must be kept apart from free workmen. In order to prevent injury to free labour prisoners may only be employed in the manner stated if the works in question would not otherwise be executed for lack of free labourers, or because the high wages of the latter would make the works unprofitable. Under the same conditions, prisoners may be put to agricultural work. These works are done in all the provinces of the Kingdom, and the following works are executed in particular:--
"(_a_) Moor land is cultivated in order to the settlement of farmers. Thus the reclamation of the Augstumal Moor, in East Prussia, 3,000 hectares (7,410 acres) in extent, is in an advanced state, and seventeen settlers have already been established there and provided with houses. The Kehding Moor, in the Stade district, has now been prepared for settlement, and five colonists are established. The Bargstedt Moor is so far reclaimed that settlers may now be taken; fifteen holdings of 12 hectares (30 acres) each are contemplated. In the Eifel district 75 hectares (185 acres) of the High Venn plateau, over 2,200 feet high, have been cultivated, and the first settlers established.
"(_b_) Shifting sand dunes are made permanent.
"(_c_) Marshy ground is drained, damage done by inundations is made good, water courses are diverted, and channels dug.
"(_d_) Fiscal domains are put into an efficient condition.
"(_e_) Vineyards are planted for the State on the Moselle.
"Experience has proved that prisoners can best be employed on such works in gangs of from forty to sixty, under a chief overseer, assisted by a sufficient number of warders." "The prisoners," says the official document, show themselves to be willing, diligent, and apt in their work; their productivity is inferior to that of free labourers only at the beginning of their employment, and later it is equal. There is no difficulty in maintaining discipline, and attempts at escape occur very seldom. On the other hand the employment of small bodies of men under the superintendence of one or two petty officers, especially if it be in agricultural work, in which it is almost impossible to prevent contact with free labourers, leads to serious abuses:--bribery, insubordination, rebellion against the officers and even gross acts of violence have occurred. Such small bodies of men, therefore, can only be employed in exceptional cases where the conditions for the maintenance of discipline are specially favourable.
"(4) The other prisoners are to be farmed to _entrepreneurs_ by public contract for the carrying on of industrial work. Care must be taken, however, that too many prisoners are not allotted to a single employer, and that the number employed in a single industry is not disproportionate to the number of free labourers engaged in the same industry. Since 1869, the number of prisoners employed by industrial _entrepreneurs_ fell from 73 to 27·2 per cent. in 1903,[61] and a further decrease is probable owing to the extension of the work done for the State authorities. Several establishments have entirely discontinued the employment of prisoners in that way. By the restriction of factory work, the individuality of the prisoner can be better studied in the choice of employment for them, and the justification is taken away from the complaints made by free workpeople about the illegitimate competition of cheap prison labour, used by capitalist employers. At the same time, the prison budgets are less satisfactory than formerly as a consequence."
[Footnote 61: The proportion in 1869 was 73 per cent.; in 1895, 52 per cent.; in 1896, 52·6 per cent.; in 1897, 49·1 per cent.; in 1898, 45·7 per cent.; in 1900, 40·4 per cent.; in 1901, 37 per cent.; in 1902, 32·8 per cent.; and in 1903, 27·2 per cent.]
In the prison accounts no allowance is made for the domestic and farm work done by the prisoners. In calculating the value of all work done for the Imperial and State authorities and for the general Prison Administration wages are reckoned at 40 pfennige (5d.) per head per day.
"This rate of wages, which is far less than that paid by employers, is taken arbitrarily, but in order to simplify the trade accounts and particularly accounts with the various State authorities, a uniform rate was necessary. If the rate is low, the Prison Administration must console itself with the reflection that its losses imply saving to other branches of the State service; the State, as a whole, does not suffer injury. Moreover, the full value of the prisoners' work now goes to the State, and not as formerly to private employers, and free labour no longer suffers from the competition of prison work."[62]
[Footnote 62: _Ibid._]
Wages ranging, according to capacity and diligence, from 1 to 20 pfennige (100 pfennige =1s.) per day in the case of criminal prisoners, and from 1 to 30 pfennige per day in the case of correctional prisoners, are credited to the men, with the object of giving them a favourable restart in life on their discharge. No part of the accumulated bonuses is paid over during imprisonment until 30s. has been earned by criminal prisoners, and 20s. by others, except that payments may be made to a man's family out of his account; but one half of all earnings beyond the minimum stated may be used in the purchase of extra food, books, clothing, etc., though not of tobacco, the smoking of which is not allowed.
The following statement gives the yearly cost per head in the financial year April 1, 1907, to March 31, 1908, of the whole of the inmates of the Prussian Labour Houses, with the value per head of the produce and work done and the amount per head which fell upon the public funds:--
----------------+-----------------+------------------+----------------- | Yearly Cost per | How the Cost was Covered. Labour House. | Head of Average +------------------+----------------- | Number of | (_a_) By Produce | (_b_) Public | Detainees. | of the | Contributions. | | Labour House. | ----------------+-----------------+------------------+----------------- | Mark. Pfennige. | Mark. Pfennige. | Mark. Pfennige. Tapiau | 642 51 | 302 64 | 339 87 Konitz | 383 27 | 204 46 | 178 81 Rummelsburg | 507 21 | 124 21 | 383 0 Strausberg | 434 0 | 215 0 | 219 0 Prenzlau | 547 15 | 280 46 | 266 69 Landsberg a. W. | 401 41 | 234 83 | 166 58 Neustettin | 442 68 | 268 24 | 174 44 Uckermüode | 406 31 | 221 54 | 184 77 Stralsund | 480 77 | 361 05 | 119 72 Greifswald | 340 0 | 220 29 | 119 71 Bojanowo | 355 45 | 172 14 | 183 31 Fraustadt | 694 49 | 145 23 | 549 26 Schweidnitz | 313 40 | 255 17 | 58 23 Breslau | 674 32 | 625 17 | 49 15 Gross Salze | 339 29 | 271 54 | 67 75 Moritzburg | 344 76 | 271 01 | 73 75 Glückstadt | 425 26 | 410 42 | 14 84 Bockelholm | 355 30 | 222 02 | 133 28 Benninghausen | 498 76 | 153 85 | 344 91 Breitenau | 453 84 | 397 70 | 56 14 Hadamar | 278 80 | 140 99 | 137 81 Brauweiler | 396 68 | 271 97 | 124 71 Moringen | 791 09 | 142 0 | 649 09 Wunstorf | 377 61 | 131 64 | 245 97 Himmelsthür | 363 42 | 159 13 | 204 29 ----------------+-----------------+------------------+-----------------
It appears from this statement that the gross annual cost per head ranged from £13 18s 10d. in the case of the Labour House at Hadamar (a small institution) to £39 11s. at the Labour House at Moringen, and that the net cost to the State ranged from 14s. 10d. per head in the case of the Labour House at Glückstadt to £32 9s. at Moringen.