The British Approach To Politics

by Professor H. J- LasM

AN INTRODUCTION TO POLITICS
“Realistic common sense is iflumined by a genuine
passion for justice, .and a
for human contrariness .”—Time ana

First Impression

THE BRITISH APPROACH
TO POLITICS

by

MICHAEL STEWART

M.A.

Formerly Scholar of St. John’s College Oxford

Author of Bias and Education
for Democracy and The Forty Hour Week

Quod Omnes Tangit, Ab Omnibus Approbetur

<C ^hat touches all should be approved by all”

London

GEORGE ALLEN & UNWIN LTD

First published in 193 s
Second Impression 1945

ALL EIGHTS RESERVED

Printed in Great Britain by Charles Bead, Ltd ,
London.

CONTENTS

INTRODUCTORY

CHAPTER

I THE NATURE OF POLITICS
II THE. BRITISH CONSTITUTION

PART ONE

CARRYING OUT THE LAW:

THE GOVERNMENT

HI THE MONARCHY • •

IV THE KING’S MINISTERS
V THE CIVIL SERVICE .

VI THE POLITICAL ACTIVITIES OF GOVERN¬

MENT . • - •

VII THE ECONOMIC ACTIVITIES OF GOVERN¬

MENT .

VIII THE SOCIAL ACTIVITIES OF GOVERNMENT

PART TWO
MAKING THE LAW:
PARLIAMENT AND PEOPLE .

IX THE TWO HOUSES OF PARLIAMENT
X THE WORK OF PARLIAMENT
XI THE CONTROL OF MONEY .

PAGE

I

is

35

53

70

85

102

114

129

142

160

¥1

CONTENTS

CHAPTER

PAGE

XII

THE ELECTION OF PARLIAMENT .

175

XIII

PARTY GOVERNMENT. . . .

196

XIV

GOVERNMENT BY THE PEOPLE .

214

PART THREE

THE JUDICATURE

XV

LAW AND THE COURTS

231

XVI

LAW LIBERTY AND JUSTICE

248

PART FOUR

LOCAL GOVERNMENT

XVII

THE LOCAL AUTHORITIES .

267

XVIII

THE SOCIAL WORK OF LOCAL AUTHORITIES

280

XIX

METHODS AND PROBLEMS OF LOCAL
GOVERNMENT ....

300

XX

LONDON . . • .

322

XXI

THE SPECIAL FEATURES OF SCOTTISH
GOVERNMENT ....

335

PART FIVE

BEYOND THE UNITED KINGDOM

XXII

EMPIRE * .

339

XXIII

COMMONWEALTH ....

359

XXIV

THE WORLD.

378

XX?

CONCLUSION.

405

TOPICS FOR DISCUSSION AND SUGGESTIONS
FOR FURTHER STUDY .

409

INDEX.

415

PREFACE

has given me advice and encouragement throughout. If my
book helps the work of Education in Citizenship^ for which she
has done so much,, it, will be some repayment of my debt.

I am particularly grateful to Dr. Ivor Jennings for permission
to make use of ideas and infonnation contained in his admirable
book, Parliammtmy Reform, and for his constructive criticisms
of certain chapters of this work. To the Mew Fabian Research
Bureau, under whose auspices Dr. Jcnmng*s book was published,
I am likewise indebted. Mr. John Parker, M.P., the General
Secretary of the Bureau, has kindly provided me with further
advice and information. Mr. L. Hill, the Secretary of the National
Association of Local Government Officers, and Mr. Norman
Fedrick, LLB., have given generously of their time and thought
to help me.

PREFACE

IX

My friend and colleague, Mr. E. F. Coles, B.A., has advised
me on historical matters and helped me with a general revision
of the work. My friend, Mrs. G. Butler, has given valuable
secretarial assistance.

I owe a great deal to the students I have met when taking
Adult Education Classes, and to my pupils at the Coopers’
Company’s School. Their questions and arguments have
stimulated and clarified my own thoughts; and the matter and
arrangement of the book has been largely determined by this
two-fold teaching experience.

For the shortcomings of the book, the responsibility is
entirely mine.

MICHAEL STEWART.

London,

July, 1938.

INTRODUCTORY

CHAPTER I

THE NATURE OF POLITICS

The Purpose of Government +

Sovereignty and Justice

The Use of Force

Laws and Facts

The Need for Change

States, Nations and Races

Distribution of Power in the State

THE PURPOSE OF GOVERNMENT,

It is the nature of man to live in communities. He lives in
this fashion in every part of the world to-day, and the evidence
of history and pre-liistory shows hew long he has done so. The
reasons for this habit do not concern politics. Psychologists
consider that man is moved by instincts and desires which can
only find full satisfaction in community life, and economists
point out that efficient production of wealth requires co-operation;
therefore there are great advantages to be gained by living
together. Politics starts with the fact of community life; it dis¬
cusses the problems which that life creates; it also examines and
compares the different kinds of community.

The central problem is liberty. When people live in a com¬
munity they cannot do exactly as they please. Motorists, for
example, cannot drive wherever they like without creating
disorder; neither can men kill or rob whomever they please
without causing society to collapse. But if men were not thus
restricted, if they had, in name, the liberty to do what they
. liked, they would, in fact, have very little liberty. Much of their
energy would be absorbed by the attempt to protect themselves,

I

2

THE BRITISH APPROACH TO POLITICS

and the rest by the task of getting their living; for the general

insecurity would prevent the development of any improved
methods of producing wealth. Community life, therefore, means
giving up certain liberties, which are liberties in name only,
in order to get more liberty in fact. The 17th century writer,
Hobbes, was so impressed by this aspect of politics that he made
it the centre of his argument. The life of man outside society,
he said, is 4 ‘poor, solitary, nasty, brutish and short”—so men
should always obey the Government, since any Government,
however harsh, is better than none.

But while Government can thus make liberty possible, it can
also, in the hands of unscrupulous people, destroy it. Such
people may use their power, not for the good of all, but to make
the majority subject to their convenience; when this happens,
men feel justified in overturning their Government and setting
another in its place. The alternative to the Government men have
is not, necessarily, no Government; they can change the kind
of Government. So Government has not only the negative task
of preventing disorder, but the positive task of creating 5 the
conditions of a good life; this is what the people expect from it
in return for the powers they have given to it. Hence the 18th
century writer, Rousseau, speaks of a “Social Contract” an
agreement, not formally made, but understood, between rulers
and ruled—the latter to obey, the former to do justice. When
human beings group themselves into debating societies, cricket
clubs and other voluntary associations, this Social Contract is
plainly written down; powers are given to the officers, and work
is expected from them. But many political groupings, or States,
were formed before men knew how to write, or to think as clearly
as some people can to-day-;, rarely, therefore, has such a Social
Contract been made in plain terms. It is, however, a useful idea
for the criticism of forms of Government. A State may come
into existence because a small number of men climb into a
position from which they can control a large number; but when
this majority start to ask “Why should we obey?”, it becomes

THE NATURE OF POLITICS 3

necessary to show that certain advantages follow from obedience*
and this will only be true if those who control the Government
do so for everyone's advantage* and not solely for their own.

SOVEREIGNTY AND JUSTICE.

Two important facts follow about good Government. First* it
must be strong enough to make itself obeyed-and to carry out
the duties of administration efficiently. Second* it must not be so
strong that it can do just as it likes* and cannot be compelled to
fulfil its part of the Social Contract. Dictators to-day accuse
democracies of not satisfying the first condition* and democrats
reply by pointing out that dictatorships do not satisfy the second.
The power of a Government to .make itself obeyed is called
Sovereignty* and the person or persons* in a State* who have
this power are called the Sovereign. In order to understand the
organisation of any particular State* it is convenient to begin
by finding out who is the Sovereign; but this is not always an
easy task. If the question is put to a group of citizens of the
U.S.A.* whether each of the forty-eight States in the Union is
a Sovereign by itself* a brisk argument will be started. In the
Europe of the Middle Ages it is doubtful whether there was
any Sovereign* since kings controlled some matters* and the
Church others, and a continual dispute raged about the division
of power. The difficulties thus caused illustrate the usefulness
of having a Sovereign who can say definitely what may or may
not be done. Sovereigns do not necessarily exercise all the powers
which* in name* belong to them. The Parliament of the United
Kingdom might* if it wished* order everyone to attend a Church
of England'service on Sundays* as was the rule in the 16th
century;- but to-day it allows everyone* in this matter* to treat
as Sovereign the particular'Church to which he belongs, or* if
he prefers* to have no Sovereign at all. Parliament acts thus
because it knows that if it did not it would provoke so strong a
resistance that its Sovereignty would be taken away. Sovereignty
■only works within the limits that people at the -time think reason-

4 THE BRITISH APPROACH TO POLITICS

able, or are prepared to tolerate. A Sovereign, therefore, is a
body exercising, not all power, but the maximum power within
these limits. Such a Sovereign is found in every human group
—or else a state of confusion and change exists, out of which a
new Sovereign will arise.

A Sovereign which fulfils its part of the Social Contract is
said to do justice, and this word also needs examination. There
are some happenings which illustrate it plainly enough. When
Ahab and Jezebel killed Naboth in order to take his vineyard,
they committed injustice. But when Solon announced that
debts owing to rich landowners in ancient Attica were not to be
paid, he won a reputation for wisdom. When the British Parlia¬
ment in 1832 deprived some landowners of the power to say
who should be Members of Parliament, the justice of their action
was hotly disputed, though nearly everyone would approve it
to-day. When the Spanish Republic deprived some religious
orders of their property, there was, and still is, fierce controversy.
So an abstract rule, that justice means not interfering with the
rights and powers which people have, will not serve. The question
must be put, what is the power of Government for? Its purpose
is to make such a framework of rules that men can perform the
business of getting their living as efficiently and happily as
technical knowledge permits, and then enjoy their leisure, and
develop their talents and personalities, as freely as the need to
respect'other people’s freedom allows. Any actions of Govern¬
ment which help to this end are just; as ways of getting a living
change, so the list of what actions are just also changes.

There is, however, one positive rule that may be laid down
about justice. Although laws must be changed from time to
time, they ought at any one time to be definite and known. Even
a-game cannot be played with someone who invents a new rule
every time he is in difficulties. No one will be eager to work on
a piece of land if he does not know whether the law requires
him to pay a rent or not. Certainty of the rules is a necessary
condition of activity, and without activity man cannot live.

THE NATURE OF POLITICS

5

When Shyiock asks for justice and Ms pound of flesh, he means
that if the laws of Venice allow contracts to be made, and then
will not enforce them, business men will not come to Venice
and its prosperity will decline. The court might answer that if
his contract is carried out, Venice will get a name for barbarity
which will do it equal harm; it would be on surer ground if it
had stated beforehand that contracts involving pounds of flesh
would not be enforced. Laws may be just or unjust; but
uncertainty of law will always cause injustice. For this reason

THE USE OF FORCE.

A further problem arises from the use of force in the State.

'"'Any Governments Sovereignty will be a dead letter unless,,, it

6 THE BRITISH APPROACH TO POLITICS

can secure obedience, and to this end many means haw been
adopted, which become apparent when the law is disobeyed.
If A tries to steal from B, the policeman, if there is one near,
will restrain A; if A resists, the policeman will use force, and die
law requires that bystanders shall help him. If A assembles his
friends and puts up an organised resistance, the Armed Forces
will help the police. The police, then, deal with lesser difficulties;
if authority is seriously challenged, there are two widely different
means for upholding it. One is the goodwill of the people, the
other a trained and equipped force, whose members are required
to obey the Government, whatever they, as individuals, may
think about it. The more just a Government is, the more ran
it rely on the first of these methods. If the people think mat
A is pursuing a private quarrel, putting his own desires before
the public safety, they will be willing to help the police. If they
doubt whether the Government has done all it should to help
A earn an honest living, they will hesitate before helping to
arrest him for stealing. Then the Government will either have to
improve its policy and win back popular support, or call out
its Armed Forces. The danger of Armed Forces is that they
may enable a Government to keep its power while neglecting

its duty.

Force, then, is necessary, even to just Governments, so long
as there are people whom H. G. Wells calls ‘ recalcitrants
people who will not respect the rights of others unless they are
compelled to do so. The safest way of applying such force is
for all citizens to recognise their duty to prevent disorder. It is
only because this method will not always act quickly enough
that Governments can claim the right to have a trained force,
how can it be ensured that this will not turn Government into
tyranny?

First, it must be established that the members of the force

should obey the lawful Government. This does not mean, for
example, that they should always obey the members of the
present Cabinet or Parliament; they should obey whoever

THE NATURE OF FOtITICS 7

happens to- be the Government at the time. More accurately*
they should be subject* not so much to the Government as to
the State. The State is the permanent organisation, of law. and
order; the Government is the particular people to whom* for a
time* the task of carrying out the law has been entrusted. One
of the marks of a free country is that people may criticise the
Government without being treated as enemies of the State* on
a level with criminals.

Loyalty of the Armed Forces to the State is not always easy
to obtain. If most of the officers come from the richer classes
in the community* they may use their power against a Govern¬
ment which does not protect the interests of the rich. If the
Armed Forces are treated with too much reverence* amounting
to worship* they may decide to take over the task of Government
themselves. A very common device for securing loyalty to the
State is to have some symbol for it, to which the Armed Forces
are required to take the most solemn oaths. The Crown in
Britain is an obvious example. The Roman Emperor* when he
was worshipped as a God* became such a symbol* though never
an acceptable one to Jews and Christians, to whom the idea of
more than one God was repugnant. The Soviet Union adopts
the plan of encouraging the Armed Forces, when not on military
duty to mix with the ordinary people and play a part in the life
of the State. Again* it can be argued that if all citizens have some
military training* it will not be so easy for a bad Government
to use Armed Forces against its people. The problem has been
made more difficult by the improvements in military science,
since a great amount of force can now be concentrated in a
few hands.

_ But while the State* subject to safeguards* may have a trained
force* it is a rule of good Government that nobody else should
be so equipped. The Wars of the Roses are a striking example
from history of the evils of private armies. In 1934* Austria was
plunged into civil war* partly by the failure of its Government
to prevent political parties from recruiting armies. Private armies

8 THE BRITISH APPROACH TO POLITICS

have inflicted terrible suffering on China, and even the welfare
of France has been thus endangered.

Objection may be made, on two grounds, to the use of force
at all. First, is not the purpose of community life to secure
peace, instead of the principle that Might is Right? If the State
depends on force, how is it better than uncivilised life? It can
be answered that the State uses force in accordance with law—
that is, the opinion of its people as to what is best; the uncivilised
man and the criminal use it for their private convenience. In the
same way, military action by an effective League of Nations
reflecting the judgment of mankind would differ from war
waged by a single State to gain its own ehds. This answer is sound
only in so far as the law, or the League decisions, are just. 1

Secondly, does not force brutalise those who use it, so that
they become incapable of justice? The behaviour of the victorious
n a tions in 1918-19, at Versailles, and the conduct of dictators
to-day, gives much weight to this objection. The conclusion of
this line of argument is the political doctrine known as Anarchism,
the belief that all forms of compulsion do more harm than good.
The Anarchist does not desire “anarchy” as the word is generally
used, meaning disorder and lack of all organisation; he .believes
that organisation should result entirely from free consent, and
that authorities which try to use compulsion should be destroyed.
Anarchism has been most popular where Governments have
been laziest and most inclined to rely on compulsion rather than
on the goodwill which results from wise policy. Granted that
compulsion is evil and that the organisation of force to impose it
involves dangers to liberty, yet the majority of mankind take
the view that the dangers of disorder are greater. The argument
returns to the first of political questions, what would the life of
men be like without Government?

LAWS AND FACTS.

This examination of fundamental ideas has been necessary;

1 See Ch. XVI and Ch. XXIII.

THE NATURE' OF POLITICS

the solution of the practical problems of Government depends
on a proper understanding of the first principles of politics.
But man did not, at first, weigh the pros and corns of this and that
form of Government, and adopt one as the result of, a reasoned
conclusion. The problem of getting Ms living led turn to certain
political forms; only later did he begin to criticise these forms.

could create me oeiier mat mey .
nature gods. When shortage of foe
and tribes, physical strength be<
The ruling class thus created s‘
the ownersMp of land. With the
they were able to maintain traine
The process varied a great deal
another, but it is, in general, trln
seizure of power by a group. T
as it can govern efficiently enoug
Later, criticism and peaceable
revolt, but the element of coer
societies to-day, there is a prr
the form of the State, exercises

10 THE BRITISH APPROACH TO POLITICS

nothing of British Government, is told that everyone over
twenty-one, with a few exceptions, can help to elect the Sovereign
Parliament, he is correctly informed; but he does not obtain a
complete picture, unless it is added that, when elections occur,
the power to spend money is a great advantage, and that some
people have much more money than others. The statement that
all British subjects are equal in the eyes of the law, must be
qualified by the admission that accused persons find it wise to
employ a good lawyer, and that lawyers cost money. The extent
of the freedom of the Press can be discovered by examining the
laws; but to the legal statement must be added a description of
the great newspaper monopolies. The law in Britain, unlike the
law in South Africa, does not prevent anyone from doing what
work he likes; but it is important to know what opportunities
there are of getting the special education needed for many
y jnrk of work. The law reveals where power resides in name;
the economic system may show that in fact it resides elsewhere.

This principle is useful for the comparison of different kinds
of State. Though there is great general similarity in the
economic development of several European States, there are wide
differences of detail, and these leave their mark on politics, So it
is not useful to hunt for an ideal form of Government, suitable
to all times and places. Because States are at different stages of
development, improvement can only be effected by examination
of the circumstances of each State, not by the arbitrary introduc¬
tion of forms of Government which have been developed in
altogether different conditions. A man may, without inconsistency,
believe that it is desirable to keep monarchy in Britain, without
wanting to see kings restored in France or established in the
U.S.A. A common error in political argument is to say, for
pygrripIPj “Britain is a monarchy; France is a republic; Britain is
better (or worse) off than France; therefore monarchical Govern¬
ment is better (or worse) than republican.” This argument
neglects the obvious truth that the prosperity of a country may
be affected by the natural resources of its territory, by the policies

12

THE BRITISH APPROACH TO POLITICS

Inefficient local Government changed from a nuisance to a
deadly peril, and one aspect of the history of the 19th century
is an effort of Government to keep pace with scientific and
economic changes. A Board of Public Health would have been
useful in the 17th century—it might have prevented the Great
Plague; by the middle of the 19th century it was not merely
useful but essential. When Government does not change rapidly
pprwigh, society is strained and tormented with “problems”;
the slum problem of to-day is the penalty for not creating a
public department to deal with housing as soon as it was needed.
If the neglect is long continued, the society perishes, and, after
a rime of disorder, something new may take its place, as happened
in France at the end of the 18th century, and in Russia in the
20th. War has for long been thought evil, but the invention of
aeroplanes, tanks and gases turns what was a bad habit into a
mortal disease; the problem of arranging the world’s politics so
as to prevent war becomes infinitely more pressing.

A Government cannot therefore be approved solely on the
ground that it keeps order; it must alsb be asked whether there
are any arrangements to permit change. For change will come;
if it comes unpermitted it causes the violent overthrow of Govern¬
ment. The confusion that follows may be long, expensive and
ruinous to happiness; and it may end simply in the passing of
power to the most unscrupulous. Change can come peaceably if
criticism of the Government is allowed, and if there are oppor¬
tunities, for all who are sufficiently talented, to take part in the
Government. The Roman Empire in the first century B.c. nearly
destroyed itself by trying to limit the governing class to a group
of wealthy families. The English people pride themselves on
their capacity for peaceful change, conveniently forgetting the
more disturbed periods of their history. There is, however, a
good deal of force in their claim, and this is due to the fact that
their governing class' showed more willingness to admit new
men to its ranks than did the old aristocracies of France and
Russia.

THE NATURE OF POLITICS

STATES, NATIONS AND RACES.

But it is not only the economic structure of a society which
helps to explain its politics. There are different races of men,
each with its special characteristics; there are different languages
and beliefs. Further, the States of to-day were formed at different
times, and their politics bear the marks of their date of origin.
The chief importance of these facts is that they affect the
relations between Government and people. The special loyalty
which a man feels to his own district or race or faith may conflict
with his loyalty to the State; the form of Government must
allow for this if the goodwill of the citizens is to be kept.

Of the forty-eight States of the American Union, thirteen are
older than the U.S.A. itself; of the rest, some have been created
by the migration of Europeans of many races to the open spaces
of the West, some have been added by purchase. Each has
« rtf itc rttim «md manxr lisiw lnnjr traditions. The U.S.A,

ill order to express disapproval. Most of these- words are still
used* but they do not serve a modem Student of politics as well
as they served Aristotle; they describe appearances rather than
realities. The only reason why Germany is not called a monarchy
is that Hitler does not wear a crown, and is known as Leader

rather than as King or Emperor. The presence of a King suggests

plutocracy (rule of the wealthy) is the most suitable'name.
iE. Com6. The Scientific Method of Thinking . For a detailed

THE NATURE OF POLITICS

17

the Government of Britain, and of Britain’s position in
world, it will be possible to return, better equipped, to
fundamental questions raised in this chapter.

BOOKS:

*XASKL A Grammar of Politics.

*finer. Theory and Practice of Modem Government •

*■wallas. Human Nature and Politics.

ARISTOTLE. Politics .
rousseau. Social Contract.

HOBBES. Leviathan .

& Er*

CHAPTER II

THE BRITISH CONSTITUTION

What is a Constitution?

Sovereignty of Parliament
Rule of Law
Administrative Law
An Unwritten Constitution
What is Unconstitutional?

The Defence of Liberty

Old and New in the Constitution

WHAT IS A CONSTITUTION?

In every State the powers of governing and controlling the
Government must be given to some definite set of persons, and
it must be clear how those powers are to be used. So in every
State there are rules to settle these questions, giving powers to
Ring, or President, Parliament or People. These rules are the
CONSTITUTION of the State.

Constitution must be distinguished from law. In Britain
there is a law which requires jhlblic houses to be closed at certain
hours; another law compels Parliament to be dissolved not more
than five years after its election. The former of these laws is
simply a rule made for what is thought to be the convenient
arrangement of everyday affairs; it takes for granted that there
will be policemen to watch public houses, magistrates and judges
to deal with offenders—in fact, the whole machinery of Govern¬
ment. The latter law, however, is concerned with this machinery
itself, and is known as a constitutional law. Constitutional law,
therefore, makes the machinery of Government; ordinary laws
use it for whatever purposes are thought fit. This distinction is
found not only in the laws of States, but in the rules of any
society. A debating society will probably have a rule forbidding

THE BRITISH CONSTITUTION

19

any member to insult another in the course of debate; this will
be an ordinary rule, and members will expect the Chairman to

see that it is obeyed. Another rule will state how often, and by
whom, the Chairman shall be elected, and this will be a con¬
stitutional rule.

Constitutions are not always made up entirely of laws. It is
part of the British Constitution that a Government of which
the House of Commons strongly disapproves, shall resign; this,

however, is only custom, not law. The British Constitution, then,
is the set of laws and customs which determine how the Govern¬
ment of Britain shall be chosen and changed, what persons shall
carry out the various duties of Government, and what their
powers shall be.

SOVEREIGNTY OF PARLIAMENT.

The. first fact about the British Constitution is that Parliament
is sovereign. The traveller returning from abroad must allow
Customs officials to search his luggage, because an Act of Parlia¬
ment gives them power to do so. The judge who sends a burglar
to penal servitude must bear in mind the Act of Parliament
fixing the maximum sentence for that crime; if the judge were
to take bribes, he could only be removed from his office in the
way laid down by another Act. Some of the law which judges
administer is, indeed, older than Parliament; but this “common
law” exists only as long as Parliament pleases, and is constantly
being changed by Acts of Parliament, or, to give them their
other name. Statutes.

But when it is said that Parliament is sovereign it is necessary

to understand what the word “Parliament” means. People often
..... say “Parliament” when they mean the House of Commons, or
perhaps the Lords and Commons. Legally, however, Parliament
means the King, Lords and Commons acting together, and to be
exact, the Sovereign is “the King in Parliament”. For this
, reason Acts of Parliament begin with the phrase “Be it enacted,
by the King’s Most Excellent Majesty, by and with the advice

20 THE BRITISH APPROACH TO POLITICS

and consent of the Lords, Spiritual and Temporal, and the
Commons, in this present Parliament assembled, and by the
authority of the same, as follows . . The Sovereignty of
Parliament, in this full sense, is so complete that it controls even
the separate parts of Parliament. King George ¥1 is King because
the Act of Settlement, xyoi, conferred the throne on his family,
and the Act of Abdication, 193^ set Edward VIII and his
descendants, if any, aside from the succession. The King some¬
times makes Proclamations, as that concerning the Coronation,
but no Proclamation which contradicted an Act of Parliament
would have any force. The ■ House of Lords has the power, in
certain circumstances, to prevent a measure which the Commons
have approved, from becoming law until two years have gone
by; but it has this power, and no more, because such are the
provisions of the Parliament Act, 1911.

One apparent exception to the Sovereignty of Parliament
serves only to prove it more emphatically. Once a year,
usually in April, the Chancellor of the Exchequer “introduces
his Budget”—that is, states^ to the House of Commons what
taxes are to be collected in the next year. On the same day the
Commons pass a resolution approving the taxes; later they will
debate them and finally a Finance Act will be passed; but the
Chancellor’s plans have the force of law as soon as the Commons’
resolution is carried. But this happens only because an Act of
Parliament, the Provisional Collection of Taxes Act, 1913, states
that on this one occasion a Commons resolution shall have the
force of law. Thus is avoided the confusion in business which
would occur if everyone knew on Budget Day what new taxes
were coming, but had to wait several weeks till the Finance Act
was passed and the new taxes became law.

The force of la.w can also be given, by Acts of Parliament,
to Orders made by the Privy Council or by Ministers, or to
by-laws passed by local authorities. If this were not done,
Government would be impossible; no Act of Parliament could,
for example, contain a list of all the places in Britain where cars

THE BRITISH CONSTITUTION

21

may be parked. This habit of “delegating 95 authority—that is,
handing it over, on condition, to somebody other than Parlia¬
ment—has steadily grown as the number of matters with which
Government must deal* has increased. The advantage of the
practice is that it makes quick decisions possible; the danger is
that Parliament may give away so much of its power that it would
be unable to reassert itself if it wished. The position can be
understood from the Emergency Powers Act passed in 1920
when the Government feared widespread strikes. This Act gives
the Privy Council power to proclaim a State of Emergency if
it has reason to fear that any large section of the people may be
deprived of the necessaries of life. While the State of Emergency
lasts the Government may issue orders restricting the people’s
rights to hold meetings, and commandeering property. But such
orders must be approved by Parliament shortly after they are
made, and if the State of Emergency is to continue for more
t ha n a month a fresh Proclamation and renewed Parliamentary
approval will be necessary. This Act was used in 1926 and the
summer holidays of M.P.s’ were interrupted by the necessity
for monthly meetings. It may well be argued that if the
Government cannot use powers of this kind, a resolute group of
people could overthrow it and set up a tyranny. On the other
hand, the Government itself, in the first few days, or indeed at
any time during a State of Emergency, might use its powers to
such effect, arresting its opponents and seizing property, that it
could ignore Parliament and rule in defiance of the law. The
authority of Parliament can, like any other authority, be over¬
thrown illegally, by force; the phrase “Parliament is Sovereign”
means simply that it cannot be overthrown by any legal means.

But if Parliament is Sovereign; what is the position of the
people? Has not the House of Commons to be elected, at least
once every five years? It has; but only because the Parliament
Act requires it. If the present Parliament chose to alter that Act
, and prolong its own life indefinitely, there would be no illegality.
During the Great War a Parliament did in fact prolong its life,

22 THE BRITISH APPROACH TO POLITICS

as also did a Parliament in 1716. 1 This means that any Parliament
could legally turn itself into a dictatorship. Yet, if it did, it would
certainly be true that the British Constitution had been c hang ed
out of recognition: clearly, the Constitution is not only a
matter of law, and to this point it will be necessary to return
when the meaning of the word “unconstitutional is considered;
For the present it may be noticed that the Sovereignty of Parlia¬
ment is limited by the fact that everyone experts Parliament to
be periodically dissolved and re-elected, so that the last word
shall rest with the people.

RULE of law.

Closely connected with the Sovereignty of Parliament is the
second great principle of the Constitution, the Rule of Law.
In 1923 the Home Secretary arrested a number of persons and
deported them to the Irish Free State. This deportation was
contrary to law, and one of the victims took legal action against
the Home Secretary. It appeared that he, and everyone who had
helped to carry out his orders, were liable to heavy penalties,
from which they were only saved by the passing of a special
Indemnity Act. This event illustrates several important ideas.
First, that what is supreme in Britain is the law; the Home
Secretary, and the whole Government have power only to carry
out the law, not to do whatever they think fit. The Latin tag
Salus populi suprema to—the welfare of the people is the supreme
law-^cannot be used by a British Government as an excuse for
pursuing its own idea of the public interest without regard for
legality. Second, that everyone is subject to the law; the engine
driver and the ship’s crew who helped to move the deportees
could not plead that they were under orders; their business, like
that of everyone else, was to obey the law, not to help the Home
Secretary to break it. Third, that since Parliament can alter the

1 The 1716 Septennial Act not only prolonged the life of the Parliament
then sitting, but made seven years, instead ot three, the maximum legal
life of future Parliaments. This remained the law until 1911.

-trial, but the period for which he is kept will be short, and
defined by law.

ADMINISTRATIVE, LAW.

> It is possible to make exceptions to the Rule of Law without
setting up a tyranny like those described above. In France there

however, are not free from the ordinary law; the man who
enlists puts himself under military law as well as the ordinary
law, so the Rule of Law is not seriously challenged. Other

THE BRITISH CONSTITUTION

der the Electricity Sup
mers have the power to
they are satisfied that
■ more cheaply; whethei
jcided by an arbitrator
who is thus given a ju<
Government newer to •

way. A Bill determining hours and conditions for factory workers
and a Bill determining the succession to the Crown must go

THE BRITISH CONSTITUTION

29

fact is quite as solid and important as the fact that everyone
lias a vote. Does it not follow that any actions, however legal,
which aim at transferring land and industry to pubic ownership,
axe unconstitutional? When an association of anti-Socialists calls
itself a “Constitutional Club”, this is presumably what it means.
But is there any end to this process? By a like logic, laws giving

greater freedom to Sunday entertainment, or providing easier

Util

lowever, is me ix>ra unancenor, wi
Cabinet, belongs to the Executive, a
use of Lords, to the Legislature,
s is not complete; but there is suffi
le effect on the character of the Consi
i provides a contrast here. The Pi
annot be members of Congress. F
lot, in his book on the English Consi
ial Government” when he means o
iture and Executive, and “Cabinet (
ans the fusion of the two on the
that since Cabinet Government offer
both kinds of power, it will attract j
politics than will Presidential Gove*

The reader must look at representative British and American
his own opinion. It should be reme '
h as contrasted with the U.S.A.,
listinguished career before the onrx

he could not do all he wished when the majority in Congress
was Republican. 1

Our other defence of liberty is what might be called the
“negative principle”. For the most part, the law does not say

THE BRITISH CONSTITUTION

33

cases already tried, or in Acts of Parliament, is legal. No law

guarantees the liberty to write or print what one likes; but several
laws say what may not be printed (e.g., incitements to crime)
and anything apart from these forbidden things may be published.
There is some safety in the fact that any restrictions on liberty
require Acts of Parliament, and can thus be exposed to public
criticism.

OLD AND NEW IN THE CONSTITUTION.

BOOKS:

*BAGBHOT. The English Constitution .
*dicey. Law of the Constitution ,

*clarke. Outlines of Central Government .

PART ONE

CARRYING OUT THE LAW:
THE GOVERNMENT

CHAPTER III

THE MONARCHY

Political Activities:

Executive

Legislative

Judicial

Royal Prerogative
Honours
The Church
Social Activities
Personal Affairs
Imperial Functions
Conclusions

“George the Sixth, by the Grace of God, of Great Britain,
Ireland, and the British Dominions beyond the Seas, King,
Defender of the Faith, Emperor of India.” This is the
title, to which the Bidding Prayer adds, “over all persons, and
in all causes, within his Dominions, supreme,” From an
examination of these words will arise a complete account of the
monarchy.

George VI succeeds to a throne held before him by his brother,
father, grandfather, and a long line of ancestors, so that it is
natural to say that the Kingship is hereditary. This would not
be quite true; for although it has always been recognised that
the Kingship belongs to a certain family, there has been, from
early times, a belief that the chief Assembly of the country—in
turn, the Saxon Witan, the Great Council, and Parliament—have
the right to decide which member of the family shall be King. In
1199 the right of King John as against Prince Arthur, was

35

defended on the ground that the barons had approved John
though they may have regretted it later* The Act of Settlemen
disposed of the matter by setting James II and Ms descendant?
aside, and fixing the succession on another branch of the famii}
where it has remained ever since, except as modified by th
1936 Abdication. So George VI reigns not only by the Grac
of God 3 but by Act of Parliament/ TMs is tactfully omittei
from Ms title, but not forgotten in the Oath of Allegiance takei

THE MONARCHY

37

1923 Mr. Bonar Law, the Prime Minister and leader of the

Conservative Party, retired owing to ill-health. Since the
Conservatives held a majority, the King had to send for one of
them, but it was not clear whether Mr. Baldwin or Lord Curzon
was to be their leader. The King settled the matter by sending

fnr Mr. Raid win In icm Mr lomccstr __

38 THE BRITISH APPROACH TO POLITICS

he is asked; but this is not what the Constitution requires or
expects. Time would not allow him to discuss every matter
needing Ms signature^ but he,can always require Ms Ministers
to .discuss with Mm the topics of cMef importance. TMs right he
usually exercises. Lord Palmerston, when Foreign Secretary in
the middle of the 19th century, lost Ms position because he tried
to ignore Queen Victoria’s right to be consulted. In these
discussions on policy, the King may express Ms own opinion
freely, on two conditions. The first is that it must not be made
public. If it were generally known what the King’s opinions
were, he would be drawn into the conflict of parties. The
party with wMch he agreed would make the most of the fact as
a way of getting votes; wMle an election victory for the other
side would be a defeat for tie King. Prime Ministers can endure
to be defeated, because they can go into opposition; for Kings
who are known to be in disagreement with the majority of their
people, there is scarcely any place but exile. The second condition
is that, in the last resort, the Minister’s wishes would prevail.
If the King were to persist in opposition, the whole Ministry
might resign; then, if they had a majority, they could prevent
any other Ministry from governing, and so oblige the King to
send for them again and accept their views. Such a chain of
events is possible; but it is not likely. Ministers do not go to
discussions with the King armed with the threat of resignation,
ready to produce it at the first sign of opposition. So long as both
King and Ministers understand the Constitution, the discussion
can go on amicably. ’At the end of it there will emerge a policy
with wMch the Minister will agree, though it may not be exactly
the same policy as he proposed at first. The King’s views may
have modified the Minister’s opinion. The King may or may
not agree with the final decision; but at least he has been able
to discuss and criticise and perhaps affect policy. By these
discussions the personal wishes of George Windsor are turned
into the constitutional will of the King of England.

The King can therefore be thought of as an expert adviser

THE MONARCHY

39

to Ms Ministers, comparable to a highly placed Civil Servant.
A Minister may ask such a Civil Servant Ms opinion; the Civil
Servant, like the King, will have a personal opinion but must
not express it in public; and, like the King, he must finally accept
the Minister’s view. But while the Civil Servant may be, the
King must be consulted;, with both the Minister has the last
word, but Ms attitude will not be the same with both. He is the
Civil Servant’s cMef and can decide for himself what the length
and form of the discussion will be; but, in name at least, he is
the King’s servant and is expected to express this idea in speech
and manner when the King consults him.

The fact that discussions with the King are private make
it hard to say how great Ms influence is. Much will depend—
and here again there is a parallel with the Civil Service—on
the character of the persons concerned. An incompetent Minister
may be grateful to anyone who will tell Mm what to do; an able
one will not need to have ideas put into Ms head but will know
how to use advice. Though it is not certain how matters have
stood in the most recent reigns, the publication of Queen Victoria’s
letters gives much information about the influence of the Crown
in the past. She appears, expressing her strong disapproval of
some lines of policy; her encouragement of others; suggesting
who shall be appointed to an Archbishopric; indignant when the
wisdom of her suggestions is politely questioned; delighted
when she gets what she wants; and judging to a nicety when the
time has come for her to give way. Her native shrewdness and
industry, coupled with her long experience made her influence
great. She occasionally tried to make it greater than the Consti¬
tution allows; and it is possible that the influence of the Crown
has not been so great in later reigns.

As Head of the State, the King has control over the Army,
Navy and Air Force, and the importance of tMs fact has already
been noticed. With tMs control goes the power to make peace
and to declare war; but these actions, like the rest, go through
the process of Mimsterial discussion.

42 THE BRITISH APPROACH TO POLITICS

majority in the Cofnmons, but not in the Lords, can, in the last
resort, advise the King to make a sufficient number of its own
supporters Peers to give it a majority in both Houses. Such a
“swamping” of the House of Lords has never occurred, though
on two occasions—in 1832 and 1910—it has been threatened,
and the threat was enough to make the Lords give way. It is
sometimes suggested that before agreeing to create Peers on this
scale the King could insist on dissolving Parliament, to ascertain
the country’s wishes. Certainly, on both the occasions mentioned,
Dissolutions did occur, but there is no reason to suppose that
the Governments of the time were unwilling to have them.
The great majority in the House of Lords is Conservative, so
that it is only an anti-Conservative Government which will ever
need to use the “swamping” weapon. If special difficulties are
to be put in the way of its use, the constitutional scales are tilted
in favour of the Conservative party.

There is a historical interest in the creation of Peers. What
was once the personal right of the King to summon whom he
pleased to the Great Council tb give him advice and grant him
money is now a tool with which the people, through the Govern¬
ment they have chosen, may prevail over the Peers.

This connection with Parliament is probably the sphere in
which the King s personal wishes may be most important. They
will not be constantly at work, but will emerge at a crisis, when
the question is raised. What is the real will of the people? It
has already been suggested that the underlying purpose of the
Constitution is to give this will effect; it now appears that a
function of the King is to hold the Constitution to this purpose,
and to recall Governments which stray from it. If the King is to
perform this duty properly, it is extremely important that he
should be in touch with all sections of opinion in the country.

3. Judicature. All justice in Britain is the King’s justice;
he is over all persons and in all causes, within his Do minion^
supreme.” The chief judges are appointed by him, on the advice
of the Prime Minister; they can be removed from office by him

IMiIi]

oi me ivmg's political worn snows me
ance of Ms position. He influences each of the three powers
of Government; actions of Government are carried'out in Ms
name. Thus the phrases “Our Sovereign Lord”* “Head of the
State”* “Fountain of Justice-and Honour” become understand¬
able. But at every point he is surrounded by Ministers through
whom he must act. To make Ms will effective* there must be
some document—a Patent to create a' Peer; a Writ to order an
election; a Commission to an Army Officer* a Proclamation to
declare a State of Emergency. Every one of these documents must
bear the signature of a Minister* or have attached to it the Great

THE MONARCHY

is a Queen as Sovereign. At the sight of the word “King” it is
wise to stop and consider what is meant. When newspapers
report that the King has visited a factory and commented on
the working conditions, it is presumably his personal opinion;
when they report the “King’s Speech” at the beginning of a session
of Parliament, the word refers to the Crown, and the policy
expressed is the policy of Ministers.

HONOURS.

By no means all the King’s activities are political. There are

as inconsistent with the Party’s belief in social equality. Any

46 THE BRITISH APPROACH TO POLITICS

parly, however, is obliged from time to time to create Peers
because the Peerage, alone among Honours, carries with it
some political power.

THE CHURCH.

As the words “ecclesiastical as well as civil” im ply, the
King is Head of the Church of England. He is accordingly
forbidden by the Act of Settlement to be, or to marry a Roman
Catholic, and, at his Coronation, swears to maintain the rights
of the Established Church. He is crowned by the Archbishop
of Canterbury. The Coronation is, indeed, a religious ceremony
and an occasion for merrymaking. It has no constitutional
importance; as soon as the reign of one King ends, that of his
lawful successor begins. As Head of the Church, the King
appoints Bishops, in accordance with the advice of the Prime
Minister and is specially referred to in the Prayer Book.
Henry VIII was the first King to take up this position. At that
time it was of great political importance because it meant that
the Pope had no longer any authority, even in Church matters,
in England. Curiously enough, Henry VIII was also the first
King to bear the title Defender of the Faith; it was conferred on
him by the Pope, before they quarrelled, in recognition of an
attack which Henry had made on the views of Martin Luther;
it has descended to the King of England to this day.

SOCIAL ACTIVITIES.

When the King’s political and semi-political work is done, a
host of social activities waits for him. He will be asked to open
hospitals, libraries, public buildings of all kinds; to lay foundation
stones; to hold Courts and garden parties. In recent years these
activities have been extended so that the King shall have the
opportunity of seeing? the lives of his poorer subjects, as well as
those of the Court circle. Here also he must be careful to avoid
any suspicion of party bias. Edward VII once withheld invitations
to an M.P.’s garden party, from Keir Hardie and two other

48 THE BRITISH APPROACH TO POLITICS

granted by Parliament at the beginning of each reign. Out of this
“Civil List” totalling about £400,000, provision is made for the
King’s private expenses and those of maintaining Ms Court, and
for some members of the Royal Family; Civil List pensions are
also granted to people considered to be deserving and in need.
Like anyone else, he may save out of his income, and the savings
of previous Sovereigns have accumulated a considerable purely
private fortune. When this income, and the unavoidable expenses
of KingsMp are considered, it appears that the King is certainly
very wealthy, though probably not as wealthy as some of his
subjects.

IMPERIAL FUNCTIONS.

The King fits into the Constitutions of the self-gover nin g
Dominions very much as into the Constitution of this country.
His work has to be carried out, however, by Govemors-General
who have not the same personal prestige. Every citizen of the
Commonwealth or Empire is the King’s subject. This is important
because it means they enjoy a common citizenship. An

THE MONARCHY

49

CONCLUSIONS.

Why has the monarchy survived? Will it continue? What are
its advantages and disadvantages? England has witnessed the
same conflicts between feudal lords* between industrialists and
landowners, between rich and poor, employers and proletariat,
as have other countries. Each party in the contest, however,
has wanted to get the stamp of legality on its own proceedings.
A victory of any section or class has been followed by an alteration
in the powers of the Crown to suit the victor’s convenience.
The monarchy has been, not so much the citadel of one section’s
power, as the tramp card available for whoever could get the
reality of power by wealth or arms. One may take the tramp card
from one’s opponent by force; but one does not tear it up. When
Cromwell destroyed the monarchy, he may have thought that act
an unavoidable necessity at the time; but it weakened Ms position
and helped to provoke the reaction against him. When the Whigs
and Toqps at the “Glorious Revolution” of 1688 confirmed Ms
work they took care to alter the monarchy rather than abolish
it; and even then they claimed they were not altering it but
restoring it to its original form.

Monarchy is thus a device for securing obedience to whoever'
controls the Government. As Bagehot remarks, “The Monarchy
. . . gives a vast strength to the Constitution by enlisting on
its behalf the credulous obedience of enormous masses”—and
he adds that as long as the human heart is stronger than the
human reason, monarchy will survive. Now this is a good
argument for monarchy if it is granted that the mass of people
axe too stupid to see why a Government ought to be obeyed.
It might well be a help to the most “Left” of Parties that, once
, it had a Parliamentary maiority, it would become “His Majesty’s
Government”. If anyone attempted to oppose it by force he
could be represented as a traitor to the King, and tMs might
win the Government the “credulous obedience” of some people.
But a device which gets obedience on unreasoning groun.ds is a
dangerous thing, since it can protea good and bad Government

THE MONARCHY

danger of monarchy Is that It may provide the enemies of
government by the people with a rallying ground.

Further, since the monarchy symbolises the Sovereign State,
it can be used to arouse hatred against foreigners, A feeling of
personal loyalty induces many citizens to refuse to entertain
any criticism of the King: 'in times of international crisis, the
^words King and Country are regarded as interchangeable and
the loyal citizens are led to believe that the Government of their
country is above criticism, A people in this frame of mind can .
all too easily be swept into war, whatever the rights o£ the
dispute. The preservation of peace depends to-day on the
willingness of States to sacrifice some of their Sovereignty for
the sake of an international Rule of Law . 1 It is unfortunate that
the monarchy can be used to inflame anti-foreign sentiment and
hinder this development.

Yet there is very little anti-monarchy feeling in the country.
The popularity which Queen Victoria won for the Crown waned
a little in Edward VIPs reign, but was restored and increased by
George V. In the Abdication crisis, only a few voices were raised
against monarchy itself. If the ordinary Englishman were told
that he needs a King because, being one of the credulous masses,
he would not otherwise understand the need for Government,
he would rightly resent it. If it were then put to him that the
monarchy, being thus unnecessary, might be abolished, he
would ask what the King had done that he should be thus
treated? None of the gteat political problems—poverty, unem¬
ployment, the preservation of peace—are obviously made harder
to solve because Britain is a monarchy. The most- radical
politician can find many more reasonable subjects for attack—

■ the slum landlord, the monopolist, the owner of property who
does no work. Republicanism seems to offer no immediate
gains; the personal appearances of the Royal Family create great
pleasure; the abolition of monarchy would involve trouble in
re-modelling the Constitution; so the Englishman lets things go

1 See Ch. XXIII*

52 THE BRITISH APPROACH TO POLITICS

on as they are. If it Is suggested to Mm that the monarchy may
some day be of use to the enemies of democracy, he win reply—
if at aM—that he will meet that difficulty if and when it arises.

The people do, not require their King to be brilliant or
eloquent; they would not feel entirely easy in their minds if he
were. The only qualities they ask for are a diligent application
to work; a manner which is informal and friendly without being
undignified; a patient endurance of the pitiless limelight poured
on Royalty; an ability to go through long ceremonial with an
appearance of interest; a large measure of common sense and
fairness; and an irreproachable family life. The monarch who
can fulfil these requirements becomes the symbol of Ms people
and cams their love. It will be fitting to conclude this chapter
with an expression of sympathy to the man. whom the Constitu¬
tion places in so curious and exacting a position.

BOOKS:

*anson. Law and Custom of the Constitution^ Vol. ii» The Crown »

QUEEN VICTORIA. Letters.

KINGSLEY MARTIN. The Magic of Monarchy.

Royal despotism. The word “Cabinet” means originally a
Council meeting in the Bang’s private room, in secret. By the

early 18th century the plan was fairly established. It was not
recognised by the law, and the odour of a secret conclave still
clung to it; it survived because it was necessary. Some group of
mprij of one mind on major matters, there must be, to do the

THE KING’S MINISTERS 55

work the Elizabethan Privy Council had done, now that the
Council itself had grown too large. In 1714 there came to the

^one George I, who spoke no English; the Cabinet thereupon
ceased to meet at the Palace with the Sovereign presiding, and
met instead at the house of the First Lord of the Treasury.
George Fs lack of English was the occasion; the real cause was
that power had passed from the King to the Cabinet. The first
k LoTd d 1 ™ became a kind of Chairman to the Cabinet, and the
name Prime Minister was given to him. Critics quoted the
example of Richelieu and Mazarin in France, First Ministers
whose power had overshadowed King and people alike. But
someone must preside at Cabinet meetings; on occasion there
must be someone who can speak, not merely for one department
of government, but for policy as a whole. Necessity grafted the
Premiership as well as the Cabinet on to the Constitution.
To-day the Cabinet is very rarely referred to by nam* in offing
documents. It is only in this century that the title of Prime
Minister has received official recognition; the holder of it is
still called '‘First Lord of the Treasury and Prime Minister”.

The Cabinet is, then, the group of the most important
Ministers. Nearly every member has a department of his own
to manage; but in addition, he shares with the other members
the task of determining the general lines of Government policy.
The details of the Milk Marketing Scheme, for example, are a
matter for the Minister of Agriculture; but the decision to tr»alr»
this, and other such schemes, part of Government policy is a
matter for the Cabinet. It is necessary to co-ordinate policy
through the Cabinet because nearly all important decisions
involve the spending of money; if each Minister could decide
independently what money he would spend, the national finances
would be in chaos. Further, the policy of one department m us t
affect that of its neighbours. What Armed Forces are necessary
depends on what sort of Foreign Policy is to be pursued. The
Minister of Labour cannot usefully consider the problem of
unemployment among boys and girls unless he knows the views

56 THE BRITISH APPROACH TO POLITICS

of the President of the Board of Education on, the kind of teaching
they should have at-school and the age at which they should
leave. The Minister of Health cannot urge local authorities to
build more houses if the Chancellor, of the Exchequer is com¬
pelling them to spend less money. The purpose of the Cabinet
is to fit the plans of different departments together so that they
make up a consistent policy. One of the tests of a good Prime
Minister and a good Government is the efficiency with which
this task is performed.

MEMBERS OF THE CABINET.

When the Prime Minister, appointed after an election victory
of Ms party, is forming the Cabinet, he must look round at the
prominent party members. His difficulties will be chiefly personal.
So-and-so would make a good Commissioner of Works; but lie
would like to be, say. Foreign Secretary, and will not come in
for less; he is a popular man and Ms absence would weaken the
Government. Somebody else is able and well-known; but he
cannot argue without quarrelling and will be a source of trouble
at Cabinet meetings. Two rnen would be suitable by themselves,
but cannot get on together; another will not come unless his
friend also is given a post. So a good Prime Minister must under¬
stand men as well as facts; and a good Cabinet Minister will be
able not only to master Ms Department but to discuss policy
reasonably with Ms colleagues. Cabinet Government is a severe
test of ability, and every Cabinet brings surprises, as hidden
talent is discovered or promising material disappoints: so from
time to time Cabinet “re-shuffles” are necessary and a further
demand is made on the Prime Minister's tact.

The members of the Cabinet are:— Prime Mimster, Lord
President of the Council, ford Chancellor, Lord Privy Seal,
Chancellor of the Exchequer; eight “Secretaries of State” —for
Home Affairs, Foreign Affairs, Dominions, Colonies, Scotland,
War, Air, and India: the First Lord of the Admiralty, the
President of the Board of Trade, the Minister of Health, the

v *uLivii i'uc ivAiiiisicr oi i ranspo

ssioner of Works, and the Chancellor of t
ter may be included in the Cabinet, and t

out twenty members. One man may hold t\

58 THE BRITISH APPROACH TO POLITICS

the “doctrine of collective responsibility”; it exists for the same
reason as • the Cabinet itself—that the policies of Departments
affect one another. A First Lord of the Admiralty who pointed
with pride to the size of the Navy could not fairly deny his
responsibility for the taxes imposed by the Chancellor of the
Exchequer. To preserve the idea of unity, the Cabinet generally
refrains from settling disputed questions by a vote; it is the
business of the Prime Minister, after hearing the discussion, to
“take the sense of the meeting” and declare the Government’s
policy accordingly. A Cabinet Minister who openly opposes
Government policy will be expected either to withdraw what
he has said or to resign. Opponents of a Government are always
on the look-out for statements by unwary Ministers which
suggest that the Cabinet is not united. In 1932 the “Samuel
Liberals” in the Government disagreed with the tariff policy of
their colleagues. For a time an “agreement to differ” was
observed—an exception to collective responsibility, allowing the
Samuelites to express their disagreement on this one point.
Before long, however, they withdrew from the Government;
and though it was in name a Coalition of several parties, in fact
it was overwhelmingly Conservative.

EFFICIENCY AND POWERS OF THE CABINET.

The Cabinet has been described as the link between Executive
and Legislature. The custom, though not the law of the Con¬
stitution, requires that all its members should sit in either the
Lords or Commons. Occasionally a Cabinet Minister will not
be in Parliament, but when this* happens, he will be put up to
fight the first by-election at which he has a chance of victory.
Mr. Ramsay MacDonald continued in the Cabinet after Ms
defeat at the 1935 Election, but returned to Parliament in 1936.
Sir Henry Slesser became Solicitor-General in the first Labour
Government before he had ever sat in Parliament. The Chancellor
of the Exchequer and the Home Secretary are always in the
Commons, and it seems probable that in future this will be

THE KING’S MINISTERS 59

true of the Prime Minister as well. The appointment of a Peer-
Lord Halifax—as Foreign Secretary in 1938 provoked criticism
in the Commons. Since the Commons represent the people^

60 THE BRITISH APPROACH TO POLITICS

with advantage be differently allocated among them. Opponents
of this proposal urge that the reformed Cabinet would be liable
to reach decisions without taking into account the difficulties of
working them out in detail, and that the concentration of power
in a few hands may encourage dictatorial methods of Government.
The reader can profitably reserve Ms judgment until the various
Departments have been examined. For the question is not
simply* shall there be ten or twenty Cabinet Ministers? The
smaller number would probably involve the plan of one Minister
of Defence, with the Army, Navy and, Air Force subordinate to
Mm; an overhauling of the admiriistration of Justice; and a
greater degree of “economic planning” under the control of a
Minister for Economic Development. Cabinet reform on these
Hues is most likely to be supported by those who hope to see
increased Government activity in, say, economic or military
matters; for then the Cabinet must either be reformed or grow
unworkably large. Those who believe that economic matters are
best left to Private Enterprise will 'be less impressed by the need
for change. This illustrates a general truth, about politics—that
problems of machinery of Government cannot be decided “on
their merits' J ; they must be decided with one eye on the economic
needs of the time. No one can compare a lawn-mower and a
sewing-machine “on their merits”—one must first decide
whether one wants to cut the grass or make a dress.

Unofficial adaptations of the Constitution usually precede
any avowed reform* and the Cabinet has already devised two
methods of dealing with the increasing pressure of business. The
first is its Secretariat, which came into existence with the 1916
decision to keep minutes. A large staff' looks after the Cabinet's
documents, prepares its business and collects information. The ..
Cabinet has thus lost some of Ac atmosphere’ of an informal
meeting and become more like a business committee. Secondly,
it is a regular practice to appoint Cabinet Committees consisting
of a few Ministers. There is a permanent Committee on financial
matters, and others may be set up to deaf with , problems on '

THE KING'S MINISTERS 6l

which special information must be collected before the Cabinet
will be- able to make decisions. The Committees inquire into
facts and report on them* but the rale that policy must be settled
by the whole Cabinet still remains. If a list were made of the
Ministers who most frequently do this work* there would
appear an unofficial Inner Circle not unlike the proposed smaller
Cabinet.

The Cabinet is sometimes criticised because it is chosen by
one man. Some time ago Lord Rothermere' suggested that each
party leader ought to say* at election time* whom he will choose
for Ms Cabinet if the party is victorious. This would give the
Press time to hunt up the past speeches of some of the proposed
Ministers and ran a personal campaign against them. There are
few men in public life who have not said some foolish things—
except those who have refrained from saying anything worthy
of note. Another view, put forward by the rank and file members
of political parties is that the Cabinet should be elected by the
MJP.s of the victorious party. TMs would ensure that every
shade of opinion in the party was represented; the Prime Minister
would not be able to stock the Cabinet overfull with Ms personal
friends* or with 'those who could always be relied oil'"to agree
with Mm. But if a party think that their leader will act like this*
they had better choose another. A Cabinet must act as a team*
and must therefore be chosen by someone who can see what the
whole will be like. Mo doubt this places great responsibility on
the Premier. He personifies the Government of the day, as the
King personifies the State. But he will only keep Ms power to
choose as long as he uses it prudently. If he offends one section
of Ms party too much* they may break away and perhaps vote
against Ms Government in Parliament. If a Minister becomes
unpopular with the people* it will be wise to shift Mm to another
post* or out of the Cabinet. Sir John Simon was not a popular
Foreign Secretary; Mr. Baldwin reshuffled Ms Cabinet some
months before the 1935 Election and Sir Samuel Hoare took
Sir John’s place. Later an extraordinary outburst of popular

men occupy these positions. First, the young men who

THE KING’S MINISTERS 63

the ropes and hope in time to enter the Cabinet. Next,
an older group who for one reason or another have not been
found suitable for Cabinet rank, but whose diligence in one

Department, or loyalty to their party, give them a claim to some
post. The Ministry is simply a list of all the office-holders; it
does not act together in the manner of the Cabinet. Ministers
outside the Cabinet are expected to agree, in their public speeches,
with the whole of the Government’s policy; but an occasional
disagreement does not cause much stir. Mr. Baldwin once
created some amusement by remarking about a middle-aged
non-Cabinet Minister in his Government, who had made a
speech that did not represent the Government view, that “he
would know better when he had reached years of discretion”.
When in 1938 a newly appointed Under-Secretary expressed
opinions on a grave matter of foreign policy on which the Cabinet
had not pronounced, there was much criticism and he had to
apologise in the Commons for his “indiscretion”.

SALARIES.

Ministers are paid for their work, in addition to their salaries
as M.P.S. An Act passed in 1937 fixed the salaries of the Prime
Minister and the Lord Chancellor at £10,000 a year, and of the
r emaining Cabinet Ministers at £5,000. It also introduced a new
idea by providing £2,000 for the Leader of the Opposition.
Total expenditure on this head was increased by about £40,000,
which called forth some criticism. It is clearly right to pay
Minis ters something, unless the country is to be governed solely
by those who have private means. How much they ought to be
paid must depend on the expenses of their office and the general
level of incomes outside politics. If an arrangement of the world
is permitted which allows one man to get £20,000 a year for the
mere ownership of property, and enables successful lawyers and
industrialists to draw five-figure incomes, it is hard to object to
£5,000 or even £10,000 a year for Cabinet Ministers. £5,000 a
year is thought necessary to secure the right type of man for a

*>4 THE BRITISH APPROACH TO POLITICS

High Court Judge, and £3,500 for the Head of the Civil Service,
t may be argued that human society would be improved if very
arge incomes—and very small ones—were abolished; but there
is little to be said for admitting the general principle of inequality
and then making special exceptions to it to the disadvantage of
public servants. Adequate salaries will deliver them—as was
pointed out in the debates on the 1937 Act—not only from
temptation of bribery but from the more subtle temptation’to
add to their incomes by writing newspaper articles which do
not always add to the dignity of the Government. So their
sa anes are supposed to be equal to what they could get in other
w a!ks of life. The Lord Chancellor’s £10,000 reflects the oppor¬
tunities of famous lawyers in private practice. The Law Officers
receive fees m addition to their salaries—i.e., they are paid in
part, on a piecework basis. This greatly increases their income
and it is sometimes suggested that the hope of gerrin- thes«

poMcs aCC0UEtS f ° r ** ^ Pr ° P0rti0n of law y® in

If the 1937 Act had fixed the standard Cabinet salary at
£ 3 ,ooo instead of £5,000, it would probably have been more
popular and done little harm to the efficiency of Government.
A Mnuster may reasonably be expected to take somewhat less

*^1 Tf d gCt m pnVate life; for b y so doing he encourages
foe belief that men enter politics not only for what they can get

but because ffieir hearts are in the work and they want tTserle

demomri 6 p f thiS belief fedeSj there w* 11 arise a contempt for
democratic Government as a whole. What will be the feelings of

keep “ s 3 fkmily 0n 30s - a week > whe “ he
d™?r “f'’ Which b * 5 50 faed bis income, has

naSS t “ 0re , r itSCif? A lar ® e I® of Hitler’s pro-
25 ? ml™ 3ttaCk ° n Wfa0 were « for their

ZS a Ti Party md ^nmcnt do not publish

ZT<? L CSCape *** «***«“• Some Ministers

Ministo ^ to n • o ial rcsidences ”- T bat of the Prime
Minister, at xo. Downing Street, is well-known; he has also the

66

THE BRITISH APPROACH TO POLITICS

There are two kinds of Executive work. One is the decision
on matters of high policy—what are called “political” matters
in the sense that political parties disagree about them; the other
is the putting into effect of these decisions. The former kind of
work belongs to the Cabinet; the latter to the Privy Council and
the Civil Service. The Council generally does those pieces of
work which have old associations clinging to them, or have a
ceremonial connection with the King—as, for instance, granting
the Charter which turns an Urban District into a Borough.
The likeness between the Council and the Civil Service can be
traced further; the Council will sometimes review, and recom-
mend a rearrangement of, the work of different Departments;
new Departments sometimes start their lives as Committees of
the Privy Council—such is still, legally, the position of the

Board of Trsid** and U jv** 1

THE KING’S MINISTERS 67

importance lies in the fact that it is an institution from which
many convenient pieces of Government machinery can be
drawn. It executes many decisions of the Cabinet; it supplements
and suggests reforms in* the Civil Service; it completes the
structure of the Courts of Law. The reader will probably, by
now, have decided that the Executive machinery has been built
up in the most casual fashion. There is scarcely an important
part of it that was not originally intended for some purpose
different from thetrne it now fulfils. Half the'names do not mean
what they say, or mean nothing at all. Every alteration has been
mad6 to solve a particular and urgent problem; no one has over¬
hauled the whole in the interests of efficiency. Such a way of
making a Government would have led to disaster long ago if
there had not been the Privy Council out of which new parts
for the machine could be produced like rabbits out of an
inexhaustible hat. The metaphor is appropriate; for the British
Constitution is always, like a conjuror, performing the apparently
impossible. This ingenuity cannot postpone for ever the labour
of re-planning the Government. The number of “particular and
urgent problems” increases rapidly and many new bodies have
to be created. Some of them, such as the Economic Advisory
Council, have only advisory powers; others, such as the B.B.C.,
make decisions, which, if not of major importance, at any rate
affect many people and excite a good deal of interest. But, when
the whole structure has become so complicated, who can say how
these bodies are really controlled? If the B.B.C. talks on public
affairs are too Right, or too Left, for my liking, what useful action
can I take about it? Sooner or later a crisis will arise; an arbitrary
act by an official may provoke it, or a quarrel between two
Departments. Then the research of private people and the
Report of the Haldane Committee on the machinery of Govern¬
ment may begin to bear fruit.

What general rules ought to be observed, when a drastic reform
of the Executive is made? From the description which has been
given, the following conclusions can be drawn. First, that the

68

THE BRITISH APPROACH TO POLITICS

supremacy of the Cabinet, so long as it has the confidence oi
Parliament, should remain. No Government is good which does

THE KING’S MINISTERS 69

Cabinet has been reformed. Scientific study of the needs of the
people is the real basis for efficient Government.

BOOKS:

*jennxngs. Cabinet Government .

Report of the Machinery of Government Commititee
(Cmd. 9230, 1918.)

CHAPTER V

THE CIVIL SERVICE

Laymen and Experts
A Non-Partisan Service
Civil Service Recruitment
Conditions of Work
Influence of the Civil Service
Government by Experts
Expense
Conclusion

LAYMEN AND EXPERTS.

The last chapter ended with a plea that politicians should
recognise the technical difficulties of their task and train them¬
selves accordingly. The reader may object that there are already
trained experts, in the Civil Service. Is not the politician meant
to represent the intelligent layman? He has not the detailed
knowledge of the expert; but neither does he run the risk, as
experts in one Department do, of becoming absorbed in that
Department and losing Ms sense of proportion. For some time
it has been the theory of British Government, that each Depart¬
ment should have a lay chief with expert subordinates—the
expert advises, but the layman has the last word. There are
parallels to this in other spheres of public life: in criminal trials,
lawyers will state a case, the judge will explain the questions at
issue, but twelve laymen will decide the verdict. TMs system
has been satirised, as in W. S. Gilbert’s picture of the First Lord
of the Admiralty who had never been to sea, and in the story of
the Chancellor of the Exchequer being instructed in the mysteries
of decimal points. On the other side, the expert, acting always
according to rule, has also been satirised, and some of the most

10

THE CIVIL SERVICE 7 I

striking impirovements in public Departments have come from
peopie new to the work, approaching it with a fresh mind
Florence Nightingale instructed the War Office in the obvious
principle that when hospital stores are at hand, -and
they should be used—there is no need to wait till next month
for permission to Topen them. Common sense, it is argued, acts
as a corrective to routine.

v There is a real distinction between the work of a political chief
and that of a Civil Servant. The former decides what the objects
of Government policy are; the latter advises how they can be
attained. The former must be ready to move from one Depart¬
ment to another, as the death or retirement of members of his
party create vacancies; the latter is usually engaged on one type
of work throughout. The former must leave his work when his
party is defeated; the latter is a permanent official. 1 This
distinction, however, must not be over-emphasised. No one can
say what the Government ought to do unless he has some idea
how it can be done. Ministers, therefore, do make an attempt to
understand the technicalities of their Departments: among^the
leading figures of any party there may be one who has devoted
special attention to education, another to foreign affairs, and so
on—if their party is victorious it is clear which Departments
they will control. In every subject there are certain fundamental
rules which anyone of good intelligence can grasp, without making
the subject his life-work. For example, a Foreign Secretary may
reasonably consult his Civil Servants to find out what are the
historical and legal claims of Britain and Persia to the Bahrein
Islands; but he ought to have made up his own mind as to what
is involved in membership of the League of Nations. A Chancellor

, of the Exchequer need not be a man whose life has been spent
in the City; but he should know what debt conversion means,
what conditions are favourable to it, and what results are to be
expected if the Government borrows large sums of money. The

1 Dur ™g one decade in this century, the Post Office enjoyed
as ten different Postmasters General.

as many

THE CIVIL SERVICE

n

attracts competent men to the State's service; it enables them to
do their work without trying to curry favour with a particular
Minister; it puts them above corruption. The legal liability to
dismissal can be used as an emergency weapon against a Civil
Servant who flagrantly neglected his duty or abused Ms trust:
very rarely indeed has it been used.

A non-party permanent Civil Service, made up of people
chosen for their ability, is thought of to-day as a necessity for
good Government. This has not always been so. In the 18th
century a large proportion of Civil Service posts were filled, by
Ministers, with their relatives, dependants and friends. Public
work was often placed in incompetent hands; and the Govern¬
ment of the day could always rely on its employees to vote for
it at elections. A change of Government might be followed by
a complete re-s ta ffi n g of the Civil Service. Sir George Trevelyan
describes a specially flagrant instance of this, after the Parlia¬
mentary victory of the Government wMch concluded the peace
in 1762, ending the Seven Years* War. “The fight was over
and the butchery began. Everyone who belonged to the beaten
party was sacrificed without mercy, with all Ms kindred and
dependants; and those public officers who were unlucky enough
to have no political connections fared as ill as the civil popula¬
tion of a district wMch is the seat of war between contending
armies. Clerks, messengers, excisemen, coastguardsmen and
pensioners were rained by shoals - because they had no vote, for
a Member of Parliament, or because they had supported a
Member who opposed the Peace”.

In 1829 Sir Robert Peel, as Home Secretary, faced the serious
problem of the policing of London. He created a new body of
public servants, the Metropolitan Police. The population was
growing; there was much 'misery and crime; if the new, force
did not do its work the capital would be in chaos. “We should
deserve to be crucified” wrote Sir Robert to a friend “if we
made a job of tMs”. So arose an example of a public service
recruited for ability and not by jobbery. As the work of Govern-

74 THE BRITISH APPROACH TO POLITICS

mem and the need for efficiency grew, the new idea spread.
An examination system was introduced for applicants for Civil
Service posts, and by 1870 open competition was established
Two years later voting by secret ballot replaced open voting at
elections, °--— * - - - ®

classes. The most striking fact about this arrangement' is the

THE CIVIL SERVICE

75

way in which it fits the educational system of the country. From
the products of elementary school, secondary school and

University it picks those whom it thinks suitable, and for the
most part they remain in separate grades throughout their
work. The British Civil Servant enters his work young—no one
can enter after the age of 24—and the majority continue in it
all their lives. 3 /-^^ 1

The examinations are not intended to tek any special know¬
ledge of the public services. The age of most of the candidates
makes this unsuitable; and although a University student
aiming at the Administrative grade might acquaint himself with
the facts, a knowledge of public administration in 1938 is not
by itself the best qualification for a life of administrative work
for the next forty years. Enough of his time will be consumed
in mastering details when he is in his post; the time before that
is better spent in getting a wider knowledge. The examinations
seek, therefore, to discover intelligence, adaptability, and,
particularly for the Administrative grade, personality. The
undergraduate will find that any recognised University course
will serve as a preparation for the Civil Service Examinations.
The written examination is supplemented by a personal inter¬
view. Though this is useful far discovering the candidate’s
fitness, it opens a door to a kind of unconscious favouritism.
However impartial the examiners strive to be, tha t candidate
has an advantage whose speech and manner are pleasing to them
personally, who has been to a school whose name they know,
who, in short, shares their social culture. This is particularly
true of the Foreign Office, where much stress is laid on personality.
Certainly the result of the system is that the large majority of
administrative posts are held by men from the old Public Schools
and the older Universities. They are extremely loyal public
servants; but, inevitably, they will find it easier to co-operate
with Ministers of their own class than with those who come
from poorer homes or have had less expensive schooling.
Reform of the examination system would not remove this , defect.

THE BRITISH APPROACH TO POLITICS

The Civil Service must have highly educated men; if the oppor
trinities for education are limited too much to a single class

THE CIVIL SERVICE

77

may send the points in dispute to be decided by three arbitrators:
two of these represent the parlies to the dispute, and the third
represents industry; Ms presence is a reminder of the fact that
all''Government expenditure comes in the end out of the wealth
that industry produces,

INFLUENCE OF THE CIVIL SERVICE.

So the Civil Service is a trained body of .experts on whose
help every Government must rely. As long as they do the work
required of them they cannot be dismissed, they cannot be
publicly criticised, they will not be blamed if the results of
their work are not to the country’s liking. All these misfortunes
are the lot of politicians, not Civil Servants. Being in so strong
a position they cannot help influencing Government policy;
and it is often said that the Civil Servants really rule the
country. Two facts 'strengthen this belief in the mind of the
ordinary citizen. When the Government takes any action that
affects him personally, it is usually a Civil Servant with whom
he comes in contact; When he argues about Ms Income Tax, or
Ms right to a Pension, he will argue with a Civil Servant.
Further, the voter notices that, despite the fury with wMch
parties attack one another at elections, no tremendous changes
occur in men’s lives, as far as he can remember. What truth,
then, is there in the charge that the British form of Government
is “bureaucracy”—rule by officials?

Civil Servants may discourage a Minister who is trying to
start a new policy by drawing Ms attention to the difficulties.

‘ A President of the Board of Education, for example, may .wish
to raise the school-leaving age to 15. It is pointed out to Mm
that tMs will mean more schools and more teachers; that the
need will be particularly grot in districts where the population
is growing rapidly; that different arrangements will be needed
in the districts where it is shrinking; that certain industries will
be specially inconvenienced by the withdrawal of the 14
old workers. Again, many parents will suffer loss if their children

78 THE BRITISH APPROACH TO POLITICS

cannot begin earning at 14; does the Government propose to
grant maintenance allowances? Will these be granted to all
parents, or only those who need them? Who will judge need?
Some schools are partly controlled by religious bodies; will
they be able to afford the extra expense? Is the Government
going to give them any help? The reader will object that the
Minister ought to have thought of all this for himself, before
he decided on his policy. No doubt; no one but a fool would ‘
think of keeping more children at school without considering
the need for teachers. But the difficult question is one of quantity;
how much extra expense will be caused? how great will be the
inconveniences? how far do they make it wise to alter the
Minister’s original plan? how long will it take to make the
necessary preparations before the new policy can come into
force? These questions can only be answered when a mass of
facts has been collected. If the Minister is to be the real chief
he must judge which statements are so important that he ought
to verify them for himself, and make the facts part of his own
knowledge, not merely part of what he has been told. He cannot
give a personal interview to every employer lamenting the loss
of cheap labour; he cannot himself answer or even read every
letter that religious and other associations send him, He must
judge whom it is worth while interviewing, and at what points
his personal intervention is most effective. If he cannot do this,
the Civil Service will rule; not because they are eager for power,
but because somebody must make decisions, and, if the Minister
cannot, only they are left. The Minister has to defend his policy
in Parliament and in the country, and if he has not grasped the
essentials for himself, this fact will soon appear under the
searchlight of debate. “These answers,” said Mr. Lloyd George, ,
in a debate on an important Bill, “ are not intelligible; and it is
not the fault of the Minister, for he read, very clearly, the state¬
ment that had been given to him”.

K this were all that bureaucracy meant, there could be little
objection. Ministers who wish to make changes without realising

THE CIVIL SERVICE

79

the difficulties, only cause confusion, and the sooner they are
discouraged the better. But there are two reasons for supposing

that Civil Servants are likely to exaggerate the difficulties of
anything new. First, their work requires them to cultivate habits
and routine: if documents are not filed on a definite plan, no
one will know where to find them. The Civil Servant is not alone
in this: an efficient student keeps his books and papers tidy;
an efficient business staff keeps regular hours. But in the "Civil
Service, an exceptionally large proportion of the work can be
reduced to rule, and people who work thus are in danger of
becoming the slaves of habit; they begin to think that the only
good work is the work one is accustomed to doing. Under one
Government, the Civil Service may be encouraged to seek for
every "possible way of cutting down expenditure: a new Govern¬
ment arrives, convinced that some of the public services have
been starved and determined to expand them. No doubt it is
good,.to avoid waste; but it is also good to know how to spend
wisely, and a Civil Servant who has for years been devoted to
the former cannot easily turn his energies to the latter. When the
late Mr. Arthur Henderson became Foreign Secretary he is said
to have supplied every important Civil Servant in his Depart¬
ment with a copy of his party’s policy. Not every Minister is
as resolved upon—or even as well acquainted with—his policy;
nor is it always easy for a Minister to secure loyal, support for a
change, unless he is patient and tactful.

Secondly, the Civil Service, like all professions, breeds among
its members a spirit of professional pride. This is natural and
right; without such a spirit there would not be so good a Service.
But it may encourage the belief that the Civil Servant always
knows best, and incline him to be contemptuous of the Minister
who comes for the first time to the job to which the Civil Servant
has given his life. Further, each Department may develop
traditions of its own, and this will ham,per co-operation , between
the Departments, and check the development of new pieces of
Government organisation.

82

THE BRITISH APPROACH TO POLITICS

uncertain. A Committee wtecli repotted on the subject in 1932
realised that if the authority of Courts over the decisions of

Government Departments was to be restored, the procedure
of the law would have to be simplified.

This account of the power of the Civil Service leads to one
general conclusion. The bureaucracy becomes powerful in
proportion to the incompetence of other parts of Government.
When there are ignorant Ministers, careless Parliaments, and
over-burdened law courts, the Civil Service does what it can
to carry on the Government in spite of these drawbacks. There
is no real evidence which justifies the picture of Civil Servants
as despots, hungering fpr power. They are, rather, pickers up of
unconsidered trifles, and they pick them up because of a
professional love of tidiness. If not only trifles, but the Rule of
Law and the rights of citizens are left unconsidered, the fault
does not lie with the Civil Service.

GOVERNMENT BY EXPERTS.

Since bureaucracy is not a selfish tyranny, some are tempted
to see in it the perfect form of Government—Government by
experts. There are two serious objections to this view. First,
that such Government is deceitful. By the imposing show of
Cabinet Ministers and an elected Parliament it leads the people
to think that they govern themselves, when in fact they do not.
A people accustomed to being deceived gets no real understanding
of politics and is the natural prey of quacks. This evil lies hidden
as long as no great crises arise. But if, for example, a rapid
growth of unemployment and poverty alarms the people, they
will realise that their votes do not make much difference, and
will hand over their liberty to whichever popular speaker has
studied the art of deception most diligently. The second objection
arises from the recurrent need, in human society, for change.
The Civil Servant is trained to understand and work the law
as it is; the changes he suggests, while useful, are not funda¬
mental. If a man is .to say what political changes are necessary

THE CIVIL SERVICE

83

in order to prevent war, he must be able to see what vested
interests make for war; and he must understand human nature
so well that he can mobilise sufficient support to defeat those
interests. This work lies outside the routine of administration
and the man who does it enters into the strife of parties and
classes. A Civil Servant may, as a citizen, have his opinion on
such questions; but his work does not necessarily enable him
to have a wiser opinion than anyone else.

EXPENSE.

Some mention must be made of the view that bureaucracy
is extravagant. Civil Servants, it is argued, are not h andlin g
r hpir own money, but the taxpayers’; therefore they have no
special desire to be careful. In the days of the 18th century
jobbery there was much truth in this accusation but the evil
was largely removed by the 19th century reform of the Civil
Service^Again, during the War there was extravagance; the trend
of Government was to get things done quickly rather than
cheaply, and many Civil Servants were new to the work. But
the Civil Service works under Treasury control; if some Depart¬
ments are tempted to swell their own importance and their
expenditure with it, the professional instinct of the Treasury
staff is to restrict. Bureaucracy is just as likely to suffer from
m«mnpss as from extravagance. The arrangements for getting
economy in the public service are not perfect; but here again,
the necessary reforms are in the procedure of Parliament rather
than in the Civil Service. An ill-informed Press campaign against
waste, in the years immediately after the war, has made the
problem more difficult: men who might otherwise have made
useful criticism of Civil Service expenditure hesitated to join
an attack whose real object was to starve the social services.

CONCLUSION.

When everything has been said. It remains true that the

Civil Service must be highly praised for its competence, honesty

of the law is necessary if Civil Servants are not to

its control.

BOOKS:

finer. The British Civil Service .
hewart. The New Despotism.

Assisting British Subjects Abroad

Planning Foreign Policy

The Armed Forces
Navy
Army
Air Force

General Considerations

CLASSIFICATION OF GOVERNMENT ACTIVITY.

Any Government must be able to keep order; if it does not
do this it is not a Government. Further, if it exists in a world of
Sovereign States, it must consider its relations with its neighbours.
In connection with both these tasks it will decide to keep certain
Armed Forces. To pay for these Departments it must get money.
So Home Affairs, Foreign Affairs, Armed Forces and Finance
may be called the necessary or POLITICAL activities of
Government. The philosophy called. laissez-faire, which was
popular some 150 years ago, held that, if possible. Governments
should attend to these things and no more. Nearly all of the
community’s economic life—the arrangements for the producing
and sharing of wealth—would thus be left outside Government

85 •

of wealth.

THE TREASURY.

The work of, this Department was once carried on by a Lord
High Treasurer, but for more than 200 years this office has
been “in commission” —he., its duties have been entrusted to
a group of men' known as Lords Commissioners. The supreme
importance of money caused the First Lord to be the chief man
in the Government. He has now become Prime Minister and
takes no further part in Treasury work. The member of the
“Commission of the Treasury” who really controls 1 it is the

THE POLITICAL ACTIVITIES OF GOVERNMENT 87

Chancellor of the Exchequer, with the Financial Secretary as
his second in command. The other Lords have routine Treasury
duties—some documents are not valid without their signature—
but their real work is to.act as Government Whips—i.e., to
see that Government supporters in the House of Commons
are there to vote when required. The Parliamentary Secretary
to the Treasury is the Chief Government Whip, and the unpaid
Assistant Whips are nominally attached to the Treasury. A
Treasury Minute—i.e., a statement of one of its decisions—
usually takes the form, “The Chancellor of the Exchequer
recommended. ... My Lords concur.” Also attached to the
Treasury is a lawyer who drafts Bills for the Government, and
another, known as the King’s Proctor, who acts for the Crown,
when it is interested in Civil lawsuits.

In effect, the Commission of the Treasury is two distinct
things—a Treasury proper, and what might be called a Prime
Minister’s Department. Again, when the former of these is
considered, the real financial work must be distinguished from
the r unning of Government as a whole. Because it sees to the
spending of money, the Treasury has become, through its
Establishments Department, the employer of the Civil Service;
it has the last word on appointments and salaries, and on any
proposal for reorganising a Department which will mean
spending money. The work which the word Treasury usually
suggests is mainly performed through the Finance Department.

The first duty is to arrange for the collection of money, which
is performed by four bodies under Treasury control. The Board
of Inland Revenue collects “direct taxes” such as Income Tax.
The Board of Customs and Excise collects “indirect taxes”
i.e., taxes on articles produced in this country (Excise) or
imported from abroad (Customs). These two boards collect
more than nine-tenths of the total revenue. A further sum comes
from the Post Office, and the fourth body is the Commissioners
of Crown Lands. In the Middle Ages a very large part of the
' King’s income came from land, and no distinction was made
a

THE POLITICAL ACTIVITIES OF GOVERNMENT 89

making money by speculation and investment, the strictest

secrecy has to be, and is, observed, till plans are complete and
the Chancellor can announce them in Parliament.

Industry to-day is greater and more complicated than it used
to be, and the tasks it undertakes are more ambitious. Compare,
for example. Bell’s Comet of 1812 with the. Queen Mary, or the
1825 Stockton and Darlington Railway, with the plan of
electrifying the whole railway system. Consequently, unaided
private enterprise is not always equal to the task; the Government
assisted the building of the Queen Mary, and is sometimes
asked to help railway electrification. A new Government activity
is arising—the development of the capital resources of the
nation—for which no Department exists. There are two bodies—
the Development Commission, which can advise the Treasury,
and the Public Works Loans Board, which, under Treasury
control, lends money to local authorities; but neither of these
considers as a whole the problem which has sprung up because
of changes in business. Looking after the income and expenditure
of the political Government is one task; studying the problems
of the State as a partial director of investment is another. The
latter task is likely to grow; the development of the Distressed
Areas is a problem still to be solved; and a regulated programme
of public works is one way of approachifig the Unemployment
problem. The present plan of leaving both tasks under Treasury
control dates from a time when belief in laissez-faire was stronger
than it is to-day.

THE HOME OFFICE.

The Home Secretary’s business is to see that the peace is
kept; the power to check crime and bring offenders to justice
is in his hands, and he is responsible for seeing that this power
is used to promote liberty and not to suppress it. To some extent,
also, he is required to promote the personal happiness of citizens,
so far as that depends on Government action. This seems a
wide definition, and there has in fact been a tendency to load

THE POLITICAL ACTIVITIES OF GOVERNMENT 91

they are often the real arbiters between motorists, cyclists and
pedestrians. These duties can only be performed well by a force
which has the confidence of all sections of the public. The Police
are appointed by the Home Secretary; the Home Secretary must
have the confidence of Parliament; Parliament is elected by the
people; all this is true and important, but it does not by itself
make the people feel that the Police are well-disposed to them.
The good relations which, on the whole, exist between Police
and public, spring from the fact that the Police are drawn from
the ordinary people.

ATrison Commission, under the Home Secretary, is responsible
for the treatment of the 12,000 persons who are usually to be
found at any one time in English prisons. Since no man may be
deprived of his liberty except in accordance with the law, the
treatment of offenders is strictly a matter for the courts to
determine. The sentence of a court, however, does not go into
details; the food, clothing, hours of work, opportunity for
recreation and discipline of prisoners—nearly everything, in fact,
which decides what prison life is like—-come under the control
of the Prison Commission, except for a few powers which belong
to the local magistrates. While only the Judicature can impose
sentences, the Royal Prerogative of Mercy enables the Home
Secretary to reduce or abolish them; in the most serious cases
he usually consults with the Judge who preside^ at the trial.
The great majority of people do not go to prison, and so are not
greatly concerned with prison conditions. A great responsibility
therefore rests on the Prison Commission and the Home Secretary:
this work is not exposed to regular criticism; occasionally some
unusual event will awaken public interest.

The close connection between the Home Office and the
administration of Justice is also illustrated by the fact that the
Home Secretary appoints the Public Prosecutor, and certain
magistrates.

2, Social Work . The Home Secretary's duty to look after the

safety and well-being of citizens places upon him work of a

92 THE BRITISH APPROACH TO POLITICS

quite different character from that so far examined. It is social,
rather than politicals though distinguished from what are usually
called “social services 35 because it does not require large spending.
It can be grouped under two headings:—

(i) . FACTORY ACTS. The 19th century added many
of these to the Statute Book. They were first concerned with,
limiting the hours of work for women and young people, since
the belief in laissez-faire prevented any interference with the
liberty of a grown man to work as long as Ms employer requiied
him. Even to-day, regulation of hours for all workers is rare.
Later Acts laid down conditions of work intended to secure the
health and safety of workers, and the whole system was extended
from factories to smaller workplaces and to shops. The inspectors
under these Acts are appointed by the Home Office, and the
Home Secretary is responsible both for seeing that the law is
kept and for planning the changes in it which industrial progress
makes possible—though here Ms work borders on that of the
Minister of Labour. The Factory Acts will only work properly
if both employers anti workers understand their purpose and
are prepared to help: the object of the Home Office Industrial
Museum in Horseferry Road is to illustrate the best methods
of making machinery safe, and the most frequent causes of
accident and ill-health among workers.

(ii) PUBLIC WELFARE. This title lias to be vague in order
to cover a list of activities ranging from the enforcement of laws
against cruelty to animals, to regulating‘the contribution to charity
from Sunday cinema performances. A good deal of this work is
carried on by local authorities and magistrates—for example,
the licensing of dog-racing tracks and public houses—but
questions iii Parliament on these topics will be addressed to the
Home Secretary. The latest addition is the Air Raids Precautions
Department: tMs also intends to work through the local authori¬
ties, though the nature of the task will make a good deal of
central control necessary.

3. Status of the Home Office « The Home Seaetaryship used

and the reason is worth, examining. A clear distinction has

appeared between the political and the social work. The former
will not appear important and exciting if citizens are as law-

abiding as those of Great Britain, and if democracy does not seem
to be in danger. But if any party is aiming at dictatorship, the

problems. There are parts of Scotland suffering great poverty;

the political activities of government 95

there are also distressed areas elsewhere and the cause of their
difficulties is fundamentally the same—the strain put on Great
Bri tain by economic changes sip.ce the War. Many Englishmen
are no more*— and no less—ignorant of'Scotland than of South
Wales or the Tyneside. There is no “Scottish question” com¬
parable to the long-standing “Irish question”; there is not, in
Scotland, a nation determined to end a connection which she hates.
There is, rather, an outstandsng example of the difficulty of making
the Central Government pay sufficient attention to the peculiar
problems of certain districts.

THE FOREIGN OFFICE.

THE BRITISH APPROACH TO POLITICS

96

Office regularly of the state of affairs abroad, the feeling enter¬
tained by foreign States toward this country, and any events
likely to influence our foreign policy. The Ambassador is
naturally expected to behave, in personal relations, in such a way
as to promote good feeling, and to refrain from taking sides in
the political controversies of the country to which he is sent.
In 18th century Europe, ruled by aristocracies which had much
in common, the chief qualification for this part of diplomacy was
polished manners and a good memory for rules of etiquette;
to-day, with Government in the hands of many different classes
and kinds of people, a deeper knowledge of the social forces at
work in each country is desirable.

2, Assisting British Subjects Abroad. This is sometimes
an Ambassador’s work—for example, if British subjects are
arrested abroad on a serious charge, it is his business to see that
they are given a fair trial. But for lesser, or more private matters,
and particularly for advice about their property, British subjects
turn to the British Consul. The Consular Service, though in
close touch with the Foreign Office, is, strictly speaking, under
the control of the Overseas Trade Department. This Department,
controlled jointly by the Board of Trade and the Foreign Office,
is able, from the reports it receives through the Consular Service,
to supply business, men with a large number of publications
describing conditions abroad, the possibilities of trade and
investment, and the commercial laws of various countries. The
personnel of the Foreign and Consular Services are separately
recruited, nor do members of one pass into the other. This is
the more surprising in view of the close connection between the
feelings which States entertain towards each other, and the
opportunities for international trade. Unpaid debts, tariffs, and
other trade restrictions are certainly one cause of the uneasiness
in modern world politics,

3. Planning Foreign Policy. The Foreign Secretary has to

decide what general line of policy Britain will follow and what
attitude she will take on any critical ouestioim such as the Spanish

wanted for itself, and, by treaties and alliances, try to gam its
object. The newer idea is that the purpose of Foreign Policy
is to maintain peace, and that to do this it will be necessary to
consider the wishes of other nations besides one’s own. Since

the War an attempt has been made to express the new idea in
the League of Nations. The two ideas have struggled together

in the world and in the foreign policies of this country, and the

problem of adapting Civil Servants to new ideas has been particu¬

larly important in the Foreign Office.

There used to be a tradition of ^continuity” in foreign policy—
i.e., a belief that it should not be changed when Government
shifted from one mrtv to another. It was regarded as a skilled

hich touches the most intimate
interest has been helped by the
of Nations. The special task of
Affairs is given to one of the two
s of State for Foreign Affairs,
ster is appointed,
ig are parts' of the Royal Pre-
t of the Foreign Office with the
ier Departments. All dispatches
t-W KrtrMoti Office, are shown to

THE POLITICAL ACTIVITIES OF GOVERNMENT 99

who are only liable for service at home. For the latter the Council
works with the help of local Territorial Associations.

The Air Force. When, early in this century, it appeared
that flying was going to play an important part in warfare, both
Navy and Army developed Air Services which were first brought
under one authority during the War. Control belongs to the
Air Council, presided over by the Secretary of State, with the
Under-Secretary as Vice-President. They are assisted by the
Chief of Air Staff and three Air Members, dealing with Personnel,
Research and Supply. Connected with the Air Ministry there
is also the Director of Civil Aviation, who works under the
Secretary of State, but separately from the Air Council.

General considerations. It will be noticed that each of these
bodies is a mixture of politicians and experts. The latter cannot
properly be compared with the Civil Servants of other Depart¬
ments; indeed, each of the Defence organisations has a Secretary
who, with his assistants, performs the work of a Civil Service.
In these three departments there is a real sharing of control;
the First Lord and the Secretaries of State are, it is true,
responsible for their Departments but they are usually far more
nnrW the influence of expert advice than other Ministers. The
overwhelming importance of efficient defence makes them
afraid to go against the advice of experts unless they are very
sure of their ground. Further, the sailor, soldier and airman
enjoy a respect from the public which is not usually given to
Civil Servants. This feeling is explained partly by the feet that
men of the Armed Forces give up much of their liberty and may
be railed on to risk their lives in the public service. There is
also a less creditable explanation; in a world still ruled largely
by force fear, the experts in force can always c ommand
respect. The influence of experts is particularly noticeable in
the Navy, the prestige of which, in an island country, is naturally
great. The Sea Lords’ opposition to plans for Disarmament in
1927 is well known, and it was partly on their advice that the
Sedition Art was passed. There are two dangers in this situation.

100 THE BRITISH APPROACH TO POLITICS,

First, that it may lead to militarism—i.e., the belief that war

is the only way of settling disputes, and that the country exists
for the sake of the Armed Forces, not the Armed Forces for the
country. Second, it may actually weaken the efficiency of the
Forces. Their whole training encourages the habit of obedience,
and of accepting things as they are; alter years of such training
it is not easy to keep the mind open to new ideas. The reluctance
of the Navy to realise the importance of the submarine, and the
slowness with which the Army adopted the idea of the tank,
are illustrations.

In all three Forces, the officers are drawn from one class, the
men from another. Promotion from the ranks does occur, but
it is not the rule. The dangers of this to liberty have already
been noticed; there may be the further result that the grievances
of the ordinary soldier and sailor about pay and conditions will
not be fully understood by those in command. The mutiny at
Invergordon, in 1931, when cuts in pay were proposed, might
never have occurred if the Board of Admiralty had realised what
the proposals would mean to the men. It is an unfortunate fact
that Governments have usually been induced to make improve¬
ments in naval life by the fear of mutiny. Recent improvements
in Army conditions have also been caused by the impossibility
of getting sufficient recruits without them.

All the Armed Forces are recruited voluntarily; the system
of compulsory military service, so common on the Continent,
has never been used here except in wartime. The old dread of
j p r r pa cing the power of the Crown, and the natural objection
of citizens to compulsion, have made the idea of conscription
unpopular. If military discipline turns citizens into people who
will always do what they are told, and regard war as a permanent
habit of mankin d, no lover of peace or liberty can approve
conscription. On the other hand, if all citizens have some military
training, the danger of a seizure of power by the Armed Forces
is much less.

Finally, there is the problem of co-ordination of the Defence

THE POLITICAL ACTIVITIES OF GOVERNMENT IOI

Services. During the War this task fell on 'the War Cabinet,
and the disagreements of the Services both with one another
and with the civil authority have been set out in a long series
of memoirs and autobiographies. Since then the demand for a
single Ministry of Defence has been growing and in 1936 Sir
Thomas Inskip was appointed Minister for Co-ordination * of
Defence. He is not, however, in authority over the Services
but rather a liaison officer between them. Further co-ordination
is provided by the Committee of Imperial Defence. This is a
body presided over by the Prime Minister and attended by
whomever he summons to consider the particular problems
before it at the time. The proposal for a Ministry of Defence
is urged on the ground that the present co-ordination is too
slight, and the Prime Minister already too occupied to give
sufficient attention to the work of the Committee of Imperial
Defence.' The separate representation of each Service in the
Cabinet may cause matters to be argued out there which could
be more conveniently settled by a Defence Minister with the
political chiefs of the Services under him. Opponents of the
proposal claim that the Committee of Imperial Defence and the
new Minister do the work adequately and that the subordination
of the Services to, a single Minister would dwarf their importance.
The problem has been given a new turn by the nature of modern
warfare. A State at war to-day must devote its entire economic
system to the task, and even .the peacetime level of armaments
makes great economic demands. If world armament is to continue
at its present rate, the task of preparing for war will become the
chief concern of Governments, and the need for a strong
centralised control will be greatly .increased.

BOOKS:

*ogg. English Government and Politics.

HEATH. The Treasury.

TROUP. The Home Office.

CLIVE. The People's Army.

CHAPTER VII

THE ECONOMIC ACTIVITIES
OF GOVERNMENT

The Post Office

The Ministry of Trahsport

The Ministry of Agriculture and Fisheries

The Board of Trade

Conclusions

“The third and last duty of the Sovereign or Commonwealth,”
wrote Atjam Smith, after he had dealt with Defence and Justice,
“is that of erecting and maintaining those public institutions
and those public works which, though they may be in the
highest degree advantageous to a great society, are, however,
of such a nature that the profit could never repay the expense
to any individual or small number of individuals, and which it
cannot therefore be expected that any individual or small number
of individuals should erect or maintain. The performance of
this duty, too, requires very different degrees of expense in the
different periods of society”. Adam Smith was a champion of
private enterprise, but he realised that it cannot work unless
the State provides it with a framework of public institutions,
of which a system of roads, and lighthouses, are obvious examples.
It is also dear from the last sentence quoted that Adam Smith
saw the Government activity of this kind would grow. Since
his day there has been an increase of services, such as railways
and electriaty, for which complete competition is not an effident
form of organisation; and the State has extended its control
to protect the public from private monopoly. Further, as has
been noticed in the discussion of the Treasury, the growth
of large-scale business draws the State more and more into

THE ECONOMIC ACTIVITIES OF GOVERNMENT 103

tfae economic field. This chapter will deal with four Departments
to which these economic activities are entrusted.

THE POST OFFICE.

This Department is run by a Board composed of two politicians
—the Postmaster-General and the Assistant P.M.G.—and a
aumber of Permanent Officials, including a Director-General
and Directors for the different aspects of the work. The Board’s
first duty is to organise the postal, telegraph, and telephone
services. Out of these it makes a profit which was at one time
paid over to the Treasury. The Post Office, in consequence, had
not sufficient money to improve its services; being thus prevented
from adopting new ideas it developed a rigid attitude which
aroused a good deal of criticism. In 1932 a Committee was
appointed to report on Post Office organisation, and several
reforms were introduced. Chief of these was that the Post Office
should in future pay a fixed sum to the Treasury, so that any
profit above this might be used for development. A number of
Advisory Committees keep the Post Office in touch with die
business world, and in recent years its services have much
improved. Other recent reforms have been the s hifting of work
from Headquarters to the London and Provincial organisations,
and the appointment of a Director of Personnel, since it appeared
that the training of the staff, and the relations between the Post
Office and its employees, were not receiving sufficient attention.

The Post Office does not concern itself only with communica¬
tions. Having offices in every town and village, it is a convenient
rharmet for much Government business. It sells National Health
Insurance Stamps, and acts for those insured persons who do
not belong to an Approved Society ; 1 it administers Old Age
Pensions and War Pensions. These, however, are only matters
of routine for the Post Office; the determination of policy lies in
other hands. It acts as a financial agent for the Government by
galling National Savings Certificates, and through the Post Office

1 See Ch. VIII.

H

104 THE BRITISH APPROACH TO POLITICS

Savings Bank. The money deposited here comes under the
control of the National Debt Commissioners; they invest it in
Government Securities, or may lend it, along with other money
which comes to them, to Government Departments. The Post
Office itself receives money from the Commissioners for capital
expenditure—e.g., on buildings, or telephone equipment. The
sudden realisation by the public, at the Election of 1931, that
for many years, Savings Bank money had been lent to the <
Unemployment Insurance Fund, created a good deal of alarm.
In fact, the money is in the same position as any other money
lent to the Government; it is safe so long as the Government is
not, as a regular practice, spending more than its income.

The P.M.G. is responsible to Parliament for broadcasting,
though this is controlled, separately from the Post Office, by the
B.B.C. At present, power is left to the Governors and the
Director. The independence of the Corporation is shown by the
fact that the Director has, on more than one occasion, addressed
groups of M.P/s and dealt with criticisms. These have usually
been aimed at three pointspersonnel—•the choice of people
to broadcast, and the relations between the B.B.C. and its staff:
cultural standards—the comparative time, for instance, allotted
to dance music and to serious subjects: and the attitude of the
Corporation towards politics.. One point has been dealt with by
allowing the staff to form an association. As to the others, the
Ullswater Committee recommended in 1936 that a special
Minister should take over responsibility, since the duties were
so different from those of a P.M.G. The Government did not
adopt this plan, arguing that the Corporation should be
independent. Certainly, if the B.B.C. were completely under
Government control, the party in power would be able to use
what should be national property solely for itp own propaganda.
But at present there is the unsatisfactory position that the
delicate question of keeping' the B.B.C. impartial and allowing
all shades of opinion a chance at the microphone is settled by
people who are not, in effect, controlled by Parliament. In all

•THE ECONOMIC ACTIVITIES OF GOVERNMENT 105

ordinary activities the Government is entitled, and expected,
to carry out the policy of the party to which it belongs; but the
B.B.C. must give scope to minorities who disagree with, the
Government. The problem of securing control by the people,
that shall not become control by the majority party, is not yet
solved. One plan worth examination would be the appointment
of a permanent Committee of MJP.s—and, perhaps, of
representatives of the holders of wireless licences—to advise
the Director.

THE MINISTRY OF TRANSPORT.

The two chief activities of this Department are the control o
Roads and Railways. Road Transport was at one time the
concern, partly of local authorities, and partly of private com¬
panies. The growth of trade, and the increase of motor traffic
have made the task of maintaining proper roads increasingly
expensive, and so more suitable for control by the Central
Government. To-day all main roads are under the direct control
of the Minister of Transport. The money required to repair
and develop them comes from the taxes paid by private motorists
and commercial vehicles. Until 1936 these taxes formed a
separate Fund, but Chancellors of the Exchequer, short o
money to balance the Budget, frequently “raided’ the Fund, to
the indignation of motorists. The taxes and the expense of roads
now go into the national accounts with the other items o: income
and expenditure; but it is.probable that there wih still be some
relation between the amount that owners of vehicles pay and
the benefit that they receive. The amount of road development
is not, therefore, determined by the Munster of Transport,
but by the Chancellor. The Minister does, however, decide
what use shall be made of the money at his disposal, whether on
the roads under his control or by making grants to local
authorities. He can obtain from the Development Commission
power to compel landowners to sell land needed for roa s at a

reasonable price.

100 THE BRITISH APPROACH TO POLITICS

Road safety is the part of the Minister’s work that brings him
most into the public eye. His Department collects and classifies

statistics of accidents., and tries to frame its policy accordingly.
But the efficacy of Acts of Parliament, or of the Minister’s safety
regulations, depends largely on the attitude of magistrates. The
best regulations will not help if offenders against them are too
leniently treated; and respect for the law is not encouraged by
the fact that the same offence may be punished by a 40s. fine in
one part of the country and imprisonment in another. The
Highway Code issued by the Minister may be regarded as a
Ministerial addition to the law; when an accident occurs, the
driver’s observance, or non-observance, of the Code will go far
towards deciding the case.

Railways have always provided many problems for the
Government, which has had to consider compensation for land-
owners, safety, and the protection of the public from excessive
charges. The first policy of trying to encourage competition was
soon abandoned as wasteful, and in 1921 the Railways Act
compelled nearly all the companies to amalgamate into four
large groups. Once these monopolies were created, it was necessary
to control them. The Railway Rates Tribunal was set up to fix
the charges which might be made, and to prevent unfair discrim¬
ination against any particular class of railway-users. The Minister
has some voice in the appointment of Members of this Tribunal,
but he has to consider the right of both the railways and their
customers to be represented. There is also a Board which
considers wages and conditions, but its Chairman is appointed
by the Minister of Labour. It cannot compel the companies or
their workers to accept its findings, though they have frequently
done so.

Inspectors are employed by the Ministry to see that the

companies take the precautions which the law requires for
safety, and to hold inquiries into accidents.

From time to time Committees set up by the Minister make
recommendations concerning the development of the Railways,

THE ECONOMIC ACTIVITIES OF GOVERNMENT IO7

and their relations with other forms of transport. The preparation
of any new laws would be the Minister’s task, though the chance
of enacting them would depend on the attitude of the Treasury.
Thus the proposals of the Weir Committee for electrifying the
Railways must wait for financial help.

There are two partly independent authorities connected with
this Department—the London Passenger Transport Board and
the Central Electricity Board. The former is appointed by a
group of institutions, some public and some private; it carries
on its work independently within the li mit s set by the London
Passenger Transport Act. This Act, as originally planned by
Mr. Herbert Morrison, when he was Minister of Transport,
required that the Board should be appointed by the Minister.
But before the Bill became law the Labour Government to which
Mr. Morrison belonged had fallen, and their successors adopted
the present plan. So London Transport is not a department of
Government but, rather, a private concern under exceptional
measures of public control. The members of the Central
Electricity Board, on the other hand, are appointed by the
Minister. The generation of Electricity is carried on by private
persons, and its distribution either privately, or by local
authorities. The work of the Board is simply to select certain
generating stations and arrange for transmission, with the object
of cheapening the supply. There has been a great increase in the
use of electricity since the Board was appointed in 1926; but
development is still hampered by the lack of organisation in
distribution.

THE MINISTRY OF AGRICULTURE AND FISHERIES.

The first purpose of this Department was to collect inform¬
ation about agricultural methods. It soon appeared that there
was a special need for the Government to act in the prevention
of disease among animals. Farmers could not be left to deal
with this as they pleased, since the carelessness of a few could
cause widespread infection. The Ministry, through its Inspectors,

108 THE BRITISH APPROACH TO POLITICS

sees that the legal standards of health and cleanliness are
maintained; it receives reports of the outbreak of infectious
disease and makes orders to restrict the movement of animals-,
or for their destruction. The study of disease led to the general
application of science to agriculture, and to-day the Ministry
runs experimental farms and agricultural colleges, either under
its own control, or through the Agricultural Committees in each
county.

As world trade increased during the 19th century, Britain’s
special fitness for industry and commerce was made plain. Her
land was unsuitable for agriculture; but by developing her
industries ■ and importing food from less industrialised countries
she could keep her growing population and give them a rising
standard of life. The repeal, in 1846, of the taxes on imported
wheat was a sign of the way 4 of life which Britain had chosen.
For some years after that date British agriculture flourished, by
improving its methods; but the development of new lands over¬
seas, and the steamship and railway which carried their produce,
were too strong. Since about 1875 British agriculture has lagged
behind other branches of production; the prices of produce and
the wages of workers have been low, and there has been a steady
movement to the towns. The wartime revival ended as soon as
trade resumed its normal course. There are now three reasons
why the Government is inclined to give special attention to
agriculture. First, Britain’s export industries have not their old
place in the world’s markets, and are therefore less able to
provide her with food; secondly, the fear of war leads her to
consider the possibility of increasing home supplies of food;
and thirdly there are the recent scientific discoveries of the
amount of under-feeding in Britain and of its effect on health.
The attention takes two forms—a concern for the conditions of
agricultural workers, and a series of schemes to give the farmer
a better price for his produce: and the duties of the Ministry
have grown accordingly.

The Worker. An Act passed in 1924 set up Wages Committees

the economic activities of government 109

in each county, and a Central Wages Board. The latter, however,
cannot fix wages, but only review the decisions reached by the
local Committees, which can lay down a legally enforceable
minimum wage. The Ministry is represented on the Board and
the Committees, and there are frequent' discussions with the
Minister whenever changes are made in the minimum rates.
Although wages have risen since the Act was passed, they are
s till very low, because of the weakness of Trade Union organisa¬
tion, and the depressed condition of agriculture.

Prices and Production. In 1931', when Dr. Addison was Minister
of Agriculture, an Agricultural Marketing Act was passed which
gave a majority of the producers of an agricultural product power
to makp plans for its marketing which should be binding on all
producers. At the Ottawa Imperial Conference in 1932 decisions
were taken to check foreign imports of food into Great Britain.
The two ideas, of checking imports and of organising home
production, were brought together by Mr. Walter Elliott in the
Act of 1933. Under this Act a number of Boards have been set
up, of which the Milk Marketing Board is a well-known example.
Their object is to fix the price at which farmers may sell to those
who distribute the product; when, as has frequently happened,
there is disagreement, the Minister may act as an arbitrator.
The restriction of imports has certainly helped to raise the price
the farmer gets, but as the Acts do not give the Minister any
control over distribution, the consumer has suffered. At the same
time schemes for Meat, Wheat and Sugar have caused about
£40,000,000 to be paid in subsidies.

Agriculture thus provides a remarkable example of Govern¬
ment control of economic life. It would not be possible to
extend this kind of Government control to all industries, because
it is, in effect, a passing round of the hat for the benefit of one
section. The special reasons for favouring agriculture have been
mentioned; but the simple plan of helping it at the public expense
cannot be the foundation of a permanent policy. The tasks of the
Ministry of Agriculture in the future will be to try to increase

IIO THE BRITISH APPROACH TO POLITICS

the consumption of food, to promote scientific research, and to
improve the methods of distributing agricultural produce to the
public.

THE BOARD OF TRADE.

The “Board” exists in law but not in fact; it is, officially, a
Committee of the Privy Council and contains many members—
for example the Archbishop of Canterbury—who take no part in
the work, which is carried on by the President and the Parlia¬
mentary Secretary. There are two additional Parliamentary
Secretaries—for the Mines Department and the Department of
Overseas Trade, which is the link between the Board of Trade
and the Foreign Office.

Much of the Board's work is routine. If private enterprise is
to flourish, the Government must protea the public from
industrial and commercial fraud. For this purpose there are Aas
stating how Joint Stock Companies are to be formed, and how
their accounts must be published; to establish standard weights
and measures, and see that they are used; to protea the rights
of inventors by granting patents. The Board administers laws of
this kind. It also gives positive help to trade and industry by
providing business men with knowledge which no private person
could collect for himself. It publishes statistics of prices,
production, exports and imports, and information about raw
materials and markets.

L ike the other economic Departments, the Board has recently
extended some of its duties, because of the state of the world
and the policy of the Government. Since the War, there has
been a rapid growth of tariffs and other hindrances to world
trade. Fearful of war, nations have striven to become self-
supporting, or have cut down their imports in order to be able
to pay debts to foreigners. When one nation acts thus, another
finds its markets closed, and, in consequence, tries to keep its
home market to itself. So the barriers to trade increase and have
made recovery from the slump of 1932 very difficult. Everyone

THE ECONOMIC ACTIVITIES OF GOVERNMENT III

now agrees that the barriers should be lowered, but no nation
wishes to act first. Britain, which imports the necessities of life,
feels the inconvenience of the situation keenly, and has tried to
relieve it by making trade agreements with a number of countries.
These may provide that neither side shall add to existing barriers;
or that each shall in future take a certain amount of produce from
the other. The Board, anxious to get markets for British exports
by granting a market in Britain to foreigners, has at times had
disagreements with the Ministry of Agriculture, anxious to
restrict imports and to keep up prices at home; or with the
Dominions Office, anxious to keep on good terms with the
Dominions by granting specially favourable terms to their
imports.

Another special activity is the care of the shipping industry,,
which has been hard hit by the decline in world trade. The
Board has always had many routine duties connected with the
safety of ships: to these, since 1934, have been added the adminis¬
tration of a subsidy to tramp shipping, and the granting of loans
for the building of new ships.

The Mines Department shows a similar combination of
regular work and special policy. There is the important routine
duty of encouraging research into the best way of using coal,
and enforcing the laws as to hours of work and safety in mines.
The latter task is performed under the supervision of a Chief
Inspector. The inquiry into the terrible .disaster at Gresford in
1934 brought out one of the Department’s chief difficulties-—
namely, that when there is much unemployment among miners,
many will hesitate to risk their jobs by reporting breaches of
the law.

The' coal industry has suffered from the competition of oil and
electricity: relations between employers and men have rarely
been good: the organisation of the industry has been inefficient.
All these facts add to the work of the Department. It has often
to act as a conciliator in disputes: under the Coal Mines Acts of
1930 and 1934 ** tries to encourage the amalgamation of mining

[12 THE BRITISH APPROACH TO POLITICS

concerns, and has to supervise the schemes which the various
districts have power to make, for limiting output and main¬
taining prices.

CONCLUSIONS.

It is now possible to make a few comments on the economic
Departments as a whole. In all of them, Adam Smith’s prophecy
has proved correct; the present time is a “period of society
when Government economic activity has to be increased, and
the habit of not considering difficulties until they arise has
proved a drawback. Each Department has, tacked on to it.
Boards and Committees, partly independent, partly under
Government control; the constitution of them has been the result
of a series of compromises with the interests involved—coal-
owners, omnibus companies, electrical undertakings. There has
not been any consideration of the general rules that ought to be
observed, in the public interest, when these great centres of
economic power are formed. Further, the Departments often
reach out a helping hand to those who are faring worst in the
economic struggle. This is natural enough; but it may weaken
the efficiency of private enterprise by creating the belief that e
State will always help the inefficient out of their difficulties.
In general, there are many schemes, but no one line of economic
policy; urgent problems are dealt with, but little is done to prevent
those problems arising.

There is one body which may take on the task of framing an

economic policy. This is the Economic Advisory Council, created
by Mr. Ramsay MacDonald, when he was Prime Minister, m
1930 Mr. MacDonald’s knowledge of politics was comprehensive
rather than precise, and the Council bears his stamp. It is com¬
posed of those Cabinet Ministers whose work is specially
connected with economic problems, together with anyone else
whom the Prime Minister thinks suitable. When the list of its
members was first read to the House of Commons, one M.I.
inouired whether old Uncle Tom Cobley had not been forgotten.

THE ECONOMIC ACTIVITIES OF GOVERNMENT 113

The Council is intended to contain people belonging to all parties,
or to none; and therefore finds it difficult to give unanimous
advice on policy. At present, the Council has not been properly
fitted into the Constitution. It may become the type of a new
kind of Civil Service, recruited not from people just finishing
their education, but from those with experience of the world;
and it may turn into the Civil Service Department of a Minister
for Economic Affairs. Its present uncertainty is a sign that the
Constitution needs to develop a new organ to deal with the
economic problems thrust upon it by a fast-changing world.

BOOKS:

Report of the Bridgeman Committee on the Post Office. 1932.

Report of the Ullswater Committee on Broadcasting. 1936.

llewellyn smith. The Board of Trade .

H. MORRISON. Socialisation and Transport.

ROBSON, AND others. Public Enterprise.

(New Fabian Research Bureau).

CHAPTER VIII

THE SOCIAL ACTIVITIES
OF GOVERNMENT

Need for Social Activities
Ministry of Labour

Industrial Relations
Employment
Special Areas
Ministry of'Health

Local Government Supervision
Insurance and Pensions
Board of Education

NEED FOR SOCIAL ACTIVITIES.

Inequality of wealth and opportunity is one of the chief facts
of society in Great Britain, and indeed in most other countries.

This inequality is a necessary part of private enterprise; the
chance of becoming one of the wealthy is the spur by which
such a system seeks to drive men to work, to save, and to invent.
Nor is there any doubt that in the nineteenth' century the results
of this incentive were remarkable; no less remarkable, however,
were the evil consequences of Inequality, In the early years of
the century a limited number of people attained great wealth
and power, but the masses lived in poverty, ill-fed and insanitarily
housed, and with the merest fragments of education. The talents
of children bom into such conditions were necessarily stunted,
and the development of industry made it progressively harder?*
for a man to rise from the station in which he was bom. Hence
it became difficult to argue that the great fortunes were the
rewards of service, and the working class, assembled in towns
began to organise and to demand a better life. Fear, wisdom, ar ^
humanity together induced Governments to modify the rigour.

114

THE SOCIAL ACTIVITIES OF GOVERNMENT 115

of Capitalism by the introduction of a series of “social services”
which now absorb a large part of the energies of Government,
and have' served as an example to many other countries. These
services oblige the Government to spend a great deal of money,
and for this reason are sometimes represented as a burden on
the country’s industry. But there are several ways in which they
help to increase the production of wealth. By raising the standard
of life of the poorest people, they improve health, and thus make
the workers of the country more efficient; by providing better
houses, and looking after sanitation, they reduce the wastage of
life and resources caused by disease; through universal education,
they release for the service of the community, a stream of talent
which would otherwise be undiscovered. Even those measures,
such as Old Age Pensions, which do not appear to be directly
productive, have at least the advantage that they make the
worker more willing to co-operate in a system of society which
otherwise would not appear to have much justice in it for him.
There is no need, however, to justify the social services solely
on the grounds that they increase the total of wealth; the well¬
being of a country should be measured, not simply by this total,
but by the standard of life which the mass of citizens are able to
enjoy: and it is certain that the social services have contributed
materially both to the comfort and the security of the worker.

The function of these services may be summarised as
follows:—to provide for those, who by reason of old age, sick¬
ness or unemployment, are unable to provide for themselves,
and to prevent the inequality of wealth from becoming so great
as to endanger the whole social system. The work is shared
t among three departments, the Ministry of Labour, the Ministry
bf Health and the Board of Education.

THE MINISTRY OF LABOUR.

This Department lies on the border line between economic
ind social activities. Its first object was economic; by preserving
good relations between employers and employed, and by helping

Xl6 ' THE BRITISH APPROACH TO POLITICS

workers to find employment, it was to assist production. But as
the numbers of people .unable to find work increased, the Ministry
became ever more occupied in the social duty of providing for
them.

Industrial Relations . The Factory Acts, administered by the
Home Office, prescribe maximum hours and minimum require¬
ments for safety and health. Apart from these Acts, and the
regulations of the Mines Department, wages, hours, and conditions
are left to employers and employed to settle for themselves,
usually by “collective bargaining”, i.e., agreements between
employers’ associations and Trade Unions, to cover all the
workers in the industry, or, at least, in a particular district. But
if a deadlock is reached, and a strike or lock-out seems likely,
a representative of the Ministry of Labour will intervene and try
to bring about an agreement. Frequently the parties to the
dispute will ask the Minister to help, or the collective agreement
may provide that when any dispute cannot be settled by
discussion, it should be referred to him. When a claim is made
for an increase or decrease in wages,, both sides try to fortify
their case with statistics of the cost of living, or reports of
conditions in similar industries abroad. These facts, along with
many others, they can obtain from the Ministry of Labour
Gazette. The years since the War have seen the growth of many
new industries, particularly in the South of England. Trade
Unionism has not become so strong there as in the older
industrial areas; but since the new industries have so far been
comparatively prosperous, the importance of this fact has not
yet been made plain. It may be that in the future rising prices
will provoke many demands for wage increases, and much work
Will be provided-both for Trade Unions and the Ministry.

In some industries where wages are low, and Trade Unionism
organisation often weak. Trade Boards are set up. An Act of
1909 created these boards for four industries, and, since the
passing Of a further Act in 1918, the Minister of Labour has
power to make Orders for Trade Boards in other industries.

THE SOCIAL ACTIVITIES OF GOVERNMENT II7

These Orders can* be challenged in a court of law, and an attempt
to set up a Board for catering was defeated on the ground that
this was not the kind of occupation referred to by the Act. The
Boards are composed of people elected by workers and employers,
and some appointed by the Minister of Labour. They have ~
power to fix maximum wages for their industries, or for any
part of them, and Inspectors appointed by the Ministry see that
■ these decisions are obeyed.

Employment. All over the country are the Employment
Exchanges maintained by the Ministry of Labour—they are

often called “Labour Exchanges” or more briefly “the Labour”
Through them employers and workers are put in touch with
each other, and, together with the education authorities, they
try to find jobs for children leaving school. The Ministry has
power to give help to men moving to work in another part of the
country. By these means, a certain amount of unemployment
may be prevented, but much remains, the reasons for which lie
in the economic system, and in the difficulties of Britain since
the war. So the Employment Exchange has become the office
through which the Acts dealing with Unemployment Insurance
are administered.

The first of these Acts was in 1911, but it applied to only a
few industries. The collapse of the post-war boom in 1920
greatly increased the problem; and the people, having been called
on to make sacrifices for the State during the War, insisted that
the State should give more attention to their conditions. An Act
was passed in 1920, framing a larger scheme, and, though often
altered in detail, it remained the basis of unemployment insurance
till 1934.

By these Acts, workers, employers, and the State made
contributions to a fund out of which benefit was paid for a fixed
period to those unable to find work. The scheme was planned
to pay its way; the unemployed man, was in fact, drawing his
^ insurance money for which he had paid the premiums. The often ■
used word “dole” was therefore unsuitable, and the comparison

118 THE BRITISH APPROACH TO POLITICS

some writers made between this scheme and the clumsy poor
relief methods of Ancient Rome were inappropriate. But the
great increase in unemployment during and after 1930, wrecked
the plan; the fund borrowed from the Treasury, and there was
no prospect of its paying back. Fear of an unbalanced Budget,
and of national bankruptcy, caused the defeat of the Labour
Government in 1931, and its successor brought in some very
drastic and unpopular changes. When economic conditions began
to improve somewhat, there were further changes, until the Act
of 1934 remodelled the whole plan.

Part I of the 1934 Act provided that workers who had paid
at least thirty contributions in the last two years before falling
out of work could draw benefit for twenty-six weeks; according
to contributions in the previous five years, benefit might be
extended for as long as fifty-two weeks. This payment was one
to which the worker, having paid his contributions, was entitled
without any question as to his needs. Thus the fund was m^de
solvent, and an Unemployment Insurance Statutory Committee
was appointed to watch the finances of the fond, and make,
from time to time, such recommendations as might be desirable
for keeping it solvent, or distributing any surplus, or extending
the scope of Unemployment Insurance. The chief step taken
in the last matter has been the inclusion, in 1936, of agricultural
workers.

But experience had shown that since unemployment cannot
be foretold, it cannot be dealt with solely by an insurance plan.
Part I only provided for about half the unemployed. Those whose
claim for benefit had been exhausted, and those who had been
in employment not covered by the Acts, were handed over to
an . Unemployment Assistance Board, created by Part II of the
1934 Act. Since these persons are not considered to be enti t led
to any payment like that made under Part I, they are subject to
a Means Test. This test had been first applied to unemployment
assistance in 1931, when the care of this class of unemployed
had been given to the Public Assistance Committees, i.e., the

the accounts of local authorities are properly kept, and that
njloney is not spent on any object not put within their powers.
When local authorities borrow money, they most frequently a?

THE SOCIAL ACTIVITIES OF GOVERNMENT 121

to the Ministry of Health* or sometimes to other Government
Departments* for approval of the terms of the loan. The Ministry
has also to make the elaborate calcuMtions necessary to find out
how large a grant of money, each local, authority is entitled to
receive from the Central Government*

While most of the Acts concerned with Public Health are
carried out by local authorities* the Minister receives the annual
report of each local Medical Officer of Health* and from these
is able to draw conclusions as to the need for improving the law*
or for stimulating some local authority to do its work more
thoroughly. Subordinate to the Ministry is the General Register
Office* which supervises the work of the Registrars of Births and
Deaths throughout the country. The ‘‘vital statistics” so compiled
are. an index of the efficiency of the health services. Closely allied
to Public Health is Housing . A Central Housing Advisory Com¬
mittee is appointed by the Minister under the Housing Act* 1936.
Beside dealing with certain special problems of that Act* the
Committee has to. consider the general effect of ail laws about
housing* and report to the Minister; it is therefore likely to be
a source of new legislation. Many past Housing Acts have
provided subsidies to local authorities* so that they should be
able to build houses for poorer people; these subsidies the
Ministry has to distribute. Local schemes of slum clearance and
new building impose on the Ministry the routine duty of holding
enquiries'; more exceptionally it has to order negligent authorities
to proceed with this work. The Public Assistance ■ activity of the
Ministry of Health covers those poor who are not dealt with by
the Unemployment Assistance Board. Here also the administra¬
tion is carried out locally under the Ministry’s supervision.

, It will thus be seen that the Ministry’s functions in these services
are: _to collect information* and use it for' the development of
policy; to extend and enforce the law* which it does by Regulations
requiring Parliamentary sanction; and, to be , ready to take
emergency action* should the local machinery break down.

. Insurance and Pensions. The first National Health Insurance

instruction on this matter be given to school 9hildren. A recent

Inf;

THE SOCIAL ACTIVITIES OF GOVERNMENT 1XJ

scales of salaries, and the administration of pensions are directly
controlled by the Board, in consultation with tbt Burnham
Committees, and the various Teachers 3 Associations. The training
of teachers in the Education Departments of Universities, is also
supervised by the Board; while a University Degree is the usual
qualification for secondary teaching, nearly 8b% of elementary
teachers hold a Certificate from the Board, and the proportion
is steadily increasing.

A Medical Branch of the Board, in touch’ with the Ministry
of Health, supervises the medical services, which have now
become an important part of school activity. Further, in the
interests of health and efficient education, the Board’s architects
examine plans for school buildings.

One of the objects of modem policy should be the construction
of an educational highway from elementary school to secondary
or technical school, and thence to a University. The Board,
besides encouraging local authorities to make use of their powers
of granting scholarships, arranges with the Universities for State
Scholarships, and for the provision of adult education outside
the walls of the University itself.

When the total effect of these activities is considered, it is
clear that, decentralised though English education is, the Board
can set the pace for educational improvement, and can increase
the knowledge of educational methods. It has been remarked
that in the past, ambitious statesmen have shunned the Presidency
of the Board of Education as a blind alley—a post which was not
itself of first importance, nor a step to higher office. This may
have occurred because education for the mass of the people was
once regarded as no more than an unfortunate necessity. To-day,
two facts are becoming plain; first, that technical education is
one of the chief factors which increase the national wealth; 1
second, that free Government requires intelligent citizens. As
the importance of these facts is increasingly realized, the prestige
of the Board of Education is likely to rise.

1 See National Income and Outlay, by Colin Clark, Ch. XIII.

128

THE BRITISH APPROACH TO POLITICS

BOOKS:

Third Report of the Commissioner for Special Areas . 1936.

Beales AND LAMBERT. Memoirs of the Unemployed .
p.e.p. (Political and Economic Planning). Report on the British
Social Services .

P.E.P. Report on the Health Services.

(See also list of books at end of Chapter XVIII.)

PART II

MAKING THE LAW

PARLIAMENT AND PEOPLE

, CHAPTER IX

THE TWO

HOUSES OF PARLIAMENT

Development of Parliament
Relations Between the Two Houses
The House of Lords
One House or Two?

Reform

Conclusion

DEVELOPMENT OF PARLIAMENT.

The history of Parliament goes back to the 13th century.
Before that time the only rival to the King’s power had been
that of the Great Council, an assembly of the chief men of the
Realm, some of whom were Lords Spiritual—Archbishops and
Bishops—and some lay, or Temporal Lords. Nearly all of them
were “tenants in chief”; that is to say, they held land* in accord¬
ance with the feudal system, directly from the King. Essentially,
the Council was the organ of a class of great landowners. By the
early 13th century there had developed in England two classes,
possessed of considerable wealth but unrepresented in the
. Council—the smaller landowners, or “knights of the shire” and
the burgesses of towns. The Crown, requiring money for wars
in France, considered the possibility of summoning represent¬
atives of these classes to the Council so that they might make
L the necessary grants. In the reign of Henry III there was a
rising of the barons and power passed for a time to their leader,

129

130 THE BRITISH APPROACH TO POLITICS

Earl Simon de Montfort. He, in 1265, summoned a Parliament

which*was the Great Council plus two knights from each shire
and two burgesses fronji boroughs which had supported the
barons. De Montfort was later overthrown, but the next King,
Edward I, summoned in, 1295 a Model Parliament composed in
the same way as that of ,1265. During the reign of Edward II,
Parliament began to sit in two Houses; the Lords Spiritual and
Temporal, who had been the Great Council, formed the House ""
of Lords, and the new elements, the knights and burgesses,
became the House of Commons. Membership of the new House
was considered not so much a privilege as an expensive duty;
and the shires and .boroughs which paid part of their Members 9
expenses and knew that the chief work of Parliament would be
to grant the King money, were often reluctant to carry out the
election. But Parliament was, as its name showed, a place for
talk; complaints of misgovernment could be voiced there and
the discontented could find out how far their feelings were
shared by those from other parts of the kingdom. The principle
that the King must attend to the Commons 9 complaints before
getting money from them, was gradually admitted, though not
always enforced.

When, in 1399, Henry IV took the throne from Ms cousin
Richard II, he sought to strengthen Ms position by getting the
approval of Parliament. He was thus obliged to show respect to
the Commons, and they secured the right of examining how the
money wMch they granted was spent. The great nobles, how¬
ever, were not prepared to let power slip from their hands, and
began to use their armed retainers to interfere with the election
of the Commons. At the close of the 15th century, the Wars of
the Roses had weakened the nobility and given England a
stronger Central Government than ever before. The Tudor
monarchs of the 16th century found it wise to preserve
Parliament as a means of keeping in touch with the classes on
whom their power was based. Parliament, thus trained for
Government, rivalled the Crown; the two forces struggled for

THE TWO HOUSES OF PARLIAMENT I3I

supremacy during the 17th century, by the end of which the
Sovereignty of Parliament was established beyond doubt.

Thus far, however* it was only a Parliament for England and
Wales. Scotland and Ireland* though under the same Crown as
England* possessed Parliaments of their own, the Irish entirely
subject to that of England* the Scottish an independent body,
though somewhat overshadowed by the Kirk Assembly which
was the real voice of Scotland. In 1707 the English and Scottish
Parliaments became a united Parliament of Great Britain, and
in 1801 the British and Irish Parliaments were united. Heavy
bribery of Scottish and Irish M.P.s was necessary to secure the
passage of these Acts. The willingness of the English to treat
the Scots as equal partners has preserved the Parliamentary
union of Great Britain; but, the neglect and mis-govemment of
Ireland led to a vigorous Home Rule movement, and after many
years of conflict and tragedy the Irish Free State 1 was established
as a Dominion with a Parliament of its own, in 1923. The six
counties of Northern Ireland, not included in the Free State,
have also a separate Parliament, but it is subject to that at
Westminster.

The Parliament of the United Kingdom in 1801 was supreme,

but it by no means represented the people. Boroughs which had,
centuries before, been given the right of sending two Members
to Parliament, continued -to do so even if they wefe well-nigh
depopulated and the Members no more than the nominees of a
landlord; large and growing towns, the products of the Industrial
Revolution, were unrepresented; the fact that there was no
secret ballot opened the door to bribery and intimidation. The
qualifications for a voter were various and confusing and the
result was a Parliament in which the trading and manufacturing
middle-class was under-represented and working class not
represented at all. The unfitness of such an assembly to govern
19th century Britain nearly led to revolution, but a series of
Reform Acts improved the position. The Great Reform Act of

1 Now known as Eire. See Ch. XXII. .

IJ2 THE BRITISH APPROACH TO POLITICS

1832 raised the number of voters from 500*000 to 1*000*000*
benefiting chiefly the upper middle class; Acts of 1867 and 1884
gave the vote to some of the town and countryside workers
respectively. The Representation of the People Act* 1918* gave
the vote to nearly all men over 21, and to'the great majority of
women over 30. The process was completed in 1928 when
women were given the vote on the same terms as men. Thus
has Parliament grown from an enlarged feudal assembly into a
democratic institution representing 30*0^0*000 adults. Developed
in the 14th century, uncertain of its existence in the 15th*
tutored in the 16th* struggling for mastery in the 17th* supreme
in the x8th* democratised in the 19th, it has reflected at every
stage the growth and conflict of classes. Just as recognition of its
Sovereignty is essential to an understanding of the Constitution*
so an acquaintance with its development will explain the history
of England.

RELATIONS BETWEEN THE TWO HOUSES.

From the time when the two Houses began to sit apart they
had, in law* equal powers. At an early date* however* it was
recognised that the Commons should have chief power over
finance, and from this it followed that they became the more
important House. A serious conflict between the Houses occurred
over the 1832 Reform Bill* and later in the century Mr. Glad¬
stone’s Governments had difficulties with the Lords. The legal
equality of the two continued until 1909* when the Lords,
standing on their legal right* rejected certain taxes which Mr.
Lloyd George* as Chancellor of the Exchequer in a Liberal
Government* had proposed. At a General Election in January*
1910* the Government were victorious; the Lords accepted the
taxes, but the Government* determined to prevent such difficulties
in future* introduced a Bill to limit the Lords’ powers. Another
f Election, held in December 1910* and a threat to “swamp” the
Lords 1 were necessary before this Bill was passed, to become

1 See Chi. II.

THE TWO HOUSES OF PARLIAMENT 133

the Parliament Act 1911. Its provisions are as follows:—

1. Any Bill dealing with taxes, borrowing of money, or similar
matters, and certified by the Speaker of the House of Commons
as a “Money Bill” can become law one month after the Commons
have passed it, whatever'the Lords may have done.

2. Any other Public 1 Bill, except one whose object is to extend
the life of Parliament beyond five years, which is passed by the
Commons and rejected by the Lords, can be passed again by
the Commons in the next Session; if it is rejected a second time,
and then passed by the Commons a third time in yet another
Session, it becomes law despite the Lords 5 opposition. The whole
process must take at least two years.

3. The maximum lifetime of a Parliament is fixed at five
years instead of the seven which had been required by law
since 1716.

This Act made the Commons supreme, but left much power
to ‘the Lords. They could not bring the Government down by
the simple process of refusing money, nor could they delay
any thin g for more than two years. But many Acts lose much of
their usefulness if they are thus delayed, and a Government
which had to deal with a sudden emergency, such as a financial
panic, or a dangerous turn in international affairs, would be in
great difficulty if the Lords were determined to oppose it. The
Lords can also amend a Bill and so compel'the Commons either
to accept amendments which they dislike or sacrifice -the whole
Bill for two years. The Labour Government of 1929-31 was thus
obliged to accept amendments in many of its Acts, particularly
the Coal Mines Act, 1930. In 1932 the power of the courts to
order birching for boy offenders was preserved by. a Lords 9
amendment on which they insisted, to the annoyance both of the
Government then in power, and the Commons. Finally, a House
of Lords which was determined to hamper a Government could
block all its Bills for the first two years and so wreck its plan of
work. It is necessary to examine how the powers of the Lords

1 For explanation of this term see Ch. X.

134 THE BRITISH APPROACH TO POLITICS

arc used in practice, and the general desirability of having two
Houses.

THE HOUSE OF LORDS.

The Lords of Parliament—i.e., persons entitled to sit in the
House of Lords—can be classified as follows:—(i) The Lords
Spiritual:—the two Archbishops, the Bishops of London,
Winchester and Durham, and twenty-one other Bishops in order
of seniority. These hold their seats only as long as they are
Bishops, $nd the right to sit is not hereditary. (2) The Lords
Temporal, (a) Princes of the Royal Blood; these are few in number
and take no part in the work of the House, (b) English Peers and
Peers of the United Kingdom, totalling about 700. Their right to
sit is hereditary, but if, in the absence of male heirs, a woman
succeeds to a Peerage, she is not entitled to. sit. Peers who are
under 21, or mentally incapable, are also excluded. The Peers
are divided into Dukes, Marquises, Earls, Viscounts and Barons,
in order of precedence, but this is only a ceremonial distinction.
When a new Peer takes his seat, he is usually led up the floor of
the House by two Peers of the same rank; but all, irrespective of
rank, can take an equal share in the work. ( c ) Sixteen Represent¬
ative Peers, elected at the beginning of each Parliament by the
holders of Scottish Peerages, he., those created for the Kingdom
of Scotland alone, before the 1707 Act of Union, (d) Twenty-eight
Representative Peers who have been elected for life by the
holders of Irish Peerages. Since most of Ireland is now outside
the United Kingdom, there will be no further elections to fill
vacancies caused by death, so that this group of Peers will in time
vanish, (e) Not more than seveh Lords of Appeal in Ordinary,
usually called Law Lords. These are distinguished lawyers who
have been made Barons for life—the only example of non-
hereditary Peerage—so that they may sit in the House of Lords
and enable it to perform its duties as a law court.

The earliest Peers were all great landowners; later it became
usual to confer Peerages on men whose wealth came from

THE TWO HOUSES OF PARLIAMENT 135

commerce or industry. Men who have distinguished themselves
in the fighting services, colonial administration, or learned
professions are sometimes made Peers, and ex-Cabinet Ministers
frequently retire to the Lords when they fee! themselves too old
for the strenuous life of the Commons. So the House of Lords
is a large mass of property owners, many of whom are not greatly
concerned over politics, seasoned with group of men of excep¬
tional talent and experience.

It is not surprising to find that the great majority of the Lords
do not attend the House at all; usually there are less than fifty
members present. The sittings of the House are neither as
frequent nor as long as those of the Commons. The Lord
Chancellor presides, sitting on the Woolsack, but he does not
enjoy the authority of a Speaker of the Commons; the Lords do
not address their speeches to him, but to “My Lords”, and the
small ’size of the audience makes strict rules of debate unnecessary.

Even on ordinary occasions there is a substantial Conservative
majority, and, if necessary, a sufficient number of “backwoods¬
men” can be induced to attend to ensure a Conservative victory.
To non-Conservatives, then, the House of Lords is a natural
enemy; to Conservatives it is unsatisfactory because its unrepre¬
sentative character might at some time provoke a strong wave of
radical feeling. Why, then, does it persist? Chiefly, because if it
were abolished, two questions would arise: Is there to be, in
future, one House or two? If the latter, what is the Reformed
Upper House to be? No Government will tackle these questions
unless it finds the Lords an intolerable nuisance, and enjoys the
certain support of the people; and there has not been any
Government since the War which fulfilled both these conditions.

ONE HOUSE OR TWO?

' The arguments for a “bi-cameral” system of Government can
be stated thus:—(x) The Second Chamber can revise the Bills
passed by the First, to see that their language is clear and that

" they do not contain unperceived dangers. To do such work

K

1 36 THE BRITISH APPROACH TO POLITICS

properly* the Second Chamber would have to be a small body of
people with legal knowledge and political experience* and the
majority of its members should hold the same political opinions
as the majority in the First Chamber; otherwise they would not
try to improve the drafting of Bills* but to defeat their purpose.
The present House of Lords is therefore unsuitable.

(2) A Second Chamber whose members do not have to be
elected can deal with problems which cut across party divisions _
and which ordinary politicians fear to touch* lest they should
lose votes. The 1937 Marriage Act was an outstanding example.
Every Member of the Commons had to say to himself "There are
many voters in my constituency who always vote against me
because they sympathise' with another party; if 1 favour a change
in the marriage laws 1 shall offend some of my regular supporters
and so add to the hostile vote; nor can I be sure that those who
want the change will come over to my side if their usual party
allegiance is elsewhere. I may be told ‘that 1 ought to vote for
what I think right* and take the consequences; but I do not think
it right to risk losing a seat to the opposing party* whose principles
I believe to be wrong and dangerous”. This did not mean* of
course* that the Commons were tongue-tied on the Marriage
Bill; but they showed excessive caution. In the Lords a debate of
high quality was held* to which men with legal and medical
experience made valuable contributions. The Bill was altered so
that it probably came nearer to the wishes of the people; and,
with the trail thus blazed* the Commons were willing to follow*
and accepted the Lords* amendments. A reasonable case may be
made* therefore* for a Second Chamber composed entirely of
persons chosen for their experience* the ^ hereditary principle
being abandoned. Yet freedom from anxiety about the opinions
of voters will not always lead to wise and courageous action; the
Chamber might be tempted to act simply in its own interest*
because it would not have to consider that of others.

(3) The Second Chamber can act as a check on the First; if the
latter disregards the wishes of the people. When a year or more ■

THE TWO HOUSES OF PARLIAMENT 137 .

has passed-since the First Chamber was elected, it may no longer
be truly representative;' or the majority party, having been,
elected on one issue, may snatch the opportunity- to make great
changes about which 'the people have not been consulted. Cannot
the Second Chamber be given power to prevent such action, at
least until another Election has been held? This is dearly- shown
to be the purpose of the Parliament Act, when the two years’
delaying power and the limitation of the life of Parliament to
five years, are considered together. A Government with a majority
in the Commons can, at the worst, get through those measures
which it introduces in the first three years; after that the Lords
can postpone anything 4 they dislike till after the next election.
But the ideal of a Second Chamber which will use its checking
power solely to keep the First Chamber in line with the popular
will, is not realised in the House of Lords. This was recognised
in the Parliament Act; the Preamble states that “it is intended
to substitute for the House of Lords as it at present exists a
Second Chamber constituted on a popular instead of a hereditary
basis”: but the intention has never been carried out. How
could such a Chamber be made? If all its members are to be
elected on the same plan as those of the First Chamber, its views
will be the same and there will be no check. Could they be
elected on a different plan? Various proposals have been made.
The Second Chamber might be elected on a “functional” basis;
that is to say, the Trade Unions, the learned professions, and
other bodies of citizeps grouped according to the work they do,
might elect representatives from their own number. Would
this give a better expression to the people’s will? If so, why not
simply one Chamber elected on this plan? The right to vote
for the Second Chamber might be limited to those, say, over
30; or to those who had attained a certain standard of education.
Then the Second Chamber, being less representative than the
First, could hardly claim to act as a check.

It may further be questioned whether there is any need *to
impose a, check qu the Fjjrst Chamber. The chief weakness of

138 THE BRITISH APPROACH TO POLITICS

democratic Governments to-day is not that they take action
too rapidly, but that they do not take it rapidly enough. If
democratically elected assemblies think of legislating against
the popular will, there is always one powerful check—the thought
of what will happen at the nest election. No doubt, if the House
of Lords were abolished the Commons could, in law, prolong
their own life indefinitely and become a dictatorial Government.
Thjs, as has already been shown, would be unconstitutional;
should a majority party intend to do any such thing it would not
be deterred by the legal obstacle of a Second Chamber; it would
no longer be thinking of legality and votes but of military
strength and a coup d'etat.

These traditional arguments for a Second Chamber lack
force because they ignore realities. They suppose the State
to be a collection of people all desirous of discovering the best
scientific principles of Government. In fact, there is, within
States, conflict between some advocating one change in the
order of society, some another, and some no change at all. In a
democratic State the conflict is resolved by periodic appeals to
the will of the people. The effect of Second Chambers, in the
real world, is to make certain kinds of change more difficult.
They have been created or preserved in order to protect particular
interests, not because political philosophers demonstrated the
superiority of bicameral Government. The special interests of
the House of Lords have been examined; the Senate in France
gives special weight to the opinions of the rural districts. When
the First Chamber itself favours the protected interest, the
Second Chamber is its echo; when this does not happen.
Government is hampered by conflict between the Chambers.

The prohlem takes a special form in Federal States where
the Second Chamber usually has the task of preserving the
rights of the various members of the Federation. The Congress
of the U.S.A. is composed of Two Houses. To the House of
Representatives each State in the Union sends a number of
Congressmen varying with its population; but to the Senate

THE 'TWO HOUSES OF PARLIAMENT I39

each State* large or. small* sends two Senators. Friction between
the two Houses is not uncommon* but this is only an example
of the problems of Federalism. The separate States were not
willing to fuse into a single unitary State; nor was it to their
advantage to remain completely independent. Federation* despite
its inherent difficulties* was the only way in which a great
nation could be created. Switzerland* which is a Federation of
Cantons* some of which have joined in comparatively recent
times* also uses bicameral Government as an instrument of
Federalism. The newest of all Constitutions* that of the U.S.S.R.,
likewise provides for two Chambers* in view of the variety of
languages and ways of life in Soviet territory; the Council of
Nationalities* like the United States Senate* gives representation
to the smaller Republics and Provinces* out of proportion to
their population.

REFORM.

For Great Britain* a practical problem remains. ' About one-
third of the Bills which come before Parliament are started in
the Lords 1 ; so the mere abolition of that House would thrust
more work on the already over-burdened Commons. Further,

the argument for a revising Chamber* to see that Bills ate well

drafted* has not been fully answered. A small Second Chamber
containing men appointed for their experience and competence*
has been suggested. Alternatively* the members of the Second

Chamber could be elected by the Commons* to do .the work
of revision and start those Bills which are not party measures.
The Commons might select some of their own Members* and
add to them, persons fitted for the work but less fitted to fight
elections. The Second Chamber would then be of moderate
size and of the same political complexion as the Commons;
all its members would be active and it would be to the interest
of the parties to see that they were competent. The two Chambers
would not be rival authorities but partners* sharing the work
1 1 See Ch. X.

140 THE BRITISH APPROACH TO POLITICS

of legislation in accordance with the principle of division of
labour.

If at any future time a Government wished to .adopt this, or
any other solution of the Second Chamber problem, an Act of
Parliament would have to be carried through both Houses.
If the Lords proved reluctant, two methods of overcoming their
opposition would be available. The first is the threat or actual
practice of “swamping”. This has the advantage of speed, but
the drawback that it may appear high-handed. The consent of
the King would be necessary, and, if he were reluctant, the Govern¬
ment would face a double constitutional crisis which it could
only survive if it had overwhelming support from the country.
The second is to use the Parliament Act and carry the proposed
reform after two years 5 delay. This would be less likely to provoke
crisis, but would hamper the Government during the two years;
for the Lords would probably retaliate by being as obstructive
as possible. Any other reforms the Government proposed would
have to wait; the electorate would certainly be indignant, though
it is uncertain whether their indignation would be turned on the
Lords or on the Government which, for the time, could do
nothing for them.

CONCLUSION.

This, then, is the net effect of the House of Lords on the
British Constitution . 1 It slows down the process of legislation;
it gives the landed aristocracy and the wealthy, influence
out of proportion to their numbers; it occasionally produced
discussions and amendments in which the special talents of
experienced men have good effect. A Government which has
only a small majority in the Commons and lacks solid support
in the country cannot hope to challenge the Lords with success.
For all this, the Lords are not an invincible barrier to democracy.
If the people are determined on a policy and give their vote

1 The work of the House of Lords as a law court, being entirely distinct
from its work as part of the Legislature, is reserved for consideration
in Ch. XV.

THE TWO HOUSES OF PARLIAMENT , *4*

and continued support to a Government which will carry it out*
they will prevail. So the frequent use of the word “Parliament’
when what is meant is the House of Commons* is natural* though
technically incorrect; for in the last resort power rests with the

Commons* and it is through them that the people control the
Legislature.

BOOKS:

*muir. How Britain is Governed .

*anson. Law and Custom of the Constitution * VoL I. Parliament.
lees-smith. Second Chambers- in Theory and Practice.

CHAPTER X

THE WORK OF PARLIAMENT

Calendar and Time-Table
Debates and Votes
The Building
From Bills to Acts
Efficiency'

The House of Commons* as the most important part of Parlia¬
ment* has four functions. First to make the law; second to watch
and criticise the Government; third* to hold debates which
will focus attention on politics and make clear to the people

what are the questions which they will have to decide. The fourth*
the control of the raising and spending of money* will need
to be treated separately; the object of this chapter is to state
how far the methods of work allow the first three functions to
be satisfactorily performed.

CALENDAR AND TIME-TABLE.

When* after a General Election* a new House of Commons
assembles* its first task is to elect a Speaker. This official was
originally the man who “spoke” to the King in Parliament
about the wishes and doings of the Commons, and was regarded
by them, with some suspicion* as a “King’s man”. To-day his
election has to be approved by the King, but this is only a
formality. He has become the champion of the Commons’
privileges and his chief duty is to preside at their debates.
Although he is usually* until his election* a member of one of
the parties, he must sever his party connection and act impar¬
tially, and he should be a man in whose fairness all parties
can have confidence. The majority party could elect whom

IA2

THE WORK OF PARLIAMENT

143

they please, but it is understood that they will choose someone
who is also acceptable to the minority. The modem practice is
to re-elect the same person as Speaker in successive Parliaments
until he retires, when he is given a pension of £4,000 a year,
and is created a Peer if he so desires. The present Speaker is
Captain Fitzroy, the Member for Daventry. At the 1935 Election
he was opposed by a Labour candidate, and this caused some
dispute. On the one hand it was urged that since a man who
would presumably be re-elected Speaker was not expected to
fight a party campaign, he ought not to be attacked; on the
other, that there were electors in Daventry who wished to vote
for another party, and had the right to do so.

If the Speaker’s powers of controlling debate in the Commons
and his power, under the Parliament Act, to certify Money
Bills, are considered together, the importance and prestige of
his office will be recognised.

The Speaker once elected, all Members take the Oath of
Allegiance to the Crown, and sign the Roll; not until this is done
are they fully M.P.’s. In the last century fierce objection was
raised to the taking of the Oath, which contains the name of God,
by an avowed atheist, Charles Bradlaugh, one of the Members
for Northampton. The Commons declared his election to be
void; the people of Northampton replied by re-electing him,
and the matter was solved by allowing Members, if they wished,
to make an Affirmation instead of taking- the Oath.

The lifetime of Parliament is divided into Sessions, each
of which usually lasts a year, beginning in November. The Session
opens with the King’s Speech, which is read in the House of
Lords, either by the King or the Lord Chancellor on behalf
of Lords Commissioners given authority by the King. An
official called Black Rod goes to summon the Commons to hear
it; seeing him approach the attendants close the doors; Black
Rod knocks and asks for permission to enter, which the Speaker
grants. This formality is a reminder that neither the King nor
his messengers can enter the Commons’ House without their

permission; it would prevent any attempt to imitate Charles F$

entry into the House with an armed force seeking to arrest five
Members. The King’s Speech is the work of Ms Ministers and
contains a statement of the work they propose for the coming
Session. It is addressed to “My Lords and Members of the
House of Commons”, except for a paragraph addressed to the
Commons alone, stating “Estimates for the public services
will be laid before you”; thus the sole authority of the Commons
over money is recognised. The Commons then return to their
own House, and an Address, expressing thanks to the King for
the Speech, is debated. Members of the Opposition try to add
to tMs Address expressions of regret that certain items find no
place in the Speech, or that the Government has not the confi¬
dence of the House. After the Election of 1923 the Conservative
Government found that its supporters were the largest party
in the House, but had not a clear majority. The Labour
Opposition moved an amendment in the Debate on the Address,
to the effect that the Government lacked the confidence of
the Commons; the Liberal Party, by supporting this amendment,
brought about the defeat and resignation of the Government.

"So far from five to eight days will have been used; no law-
making has been done but the time has not been wasted. The
Debate on the Address has given the public an idea of v^hat
the new Parliament is like, and what subjects it thinks imoortant.

THE WORK OF PARLIAMENT 145

decide for itself when it will adjourn. As the Commons are
only adjourned, and not prorogued, during the long Summer
Recess, they can be summoned in emergency without formalities.

Every day, from Monday to Thursday, the House begins to
sit at 2.45 p.m. Prayers are read, and there is then an opportunity
to present petitions. When only a small minority of the people
had votes, petitions served the useful purpose of keeping the
House in touch with the wishes of those who could not influence
it at elections; to-day there are few petitions and they have
little effect. Members then rise to ask Questions of Ministers.
Two days’ notice has been given, and the Questions are printed
on the Order Paper which every Member has. On urgent matters,
the Speaker may allow Questions, even if notice has only been
given to him by noon that day. The Questions range over all
topics: What comment has the Foreign Secretary to make on a
recent speech made by Hitler? Why cannot So-and-So, who lives
in a remote part of Scotland, get a telephone installed? When
the Minister has replied he may be assailed by Supplementary
Questions as Members rise and say “Arising out of that reply,
may 1 ask. . . Skill in answering Questions is one of the
qualities expected of a Minister, and if Members think they are
not receiving proper consideration, there will be much excitement.
Ingenious Members attempt to make short speeches in the form
of Questions but are usually checked by the Speaker. If a Member
is dissatisfied, he may move that the House adjourn in order
to discuss a definite matter of “urgent public importance”.
The Speaker usually refuses to put this motion, but will do so
if the matter in question is such as is defined by the Standing
Orders of the House. Should the motion be allowed to be put,
the Member’s grievance can be discussed in full later in the
day, and the Government will have to satisfy the House that
proper action will be taken. When private persons have suffered
an injury at the hands of an agent of the Government, their
rights can' be safeguarded in this manner. Question Time is
thus valuable as a safeguard for individual liberty; it helps also

146 THE BRITISH APPROACH TO POLITICS

to show how far each Minister understands his Department ;
it brings to light information which could not be obtained by
anyone but the officials of a Government Department; it clears
up doubtful points about the Government’s policy. It is some¬
times misused by Members who take a pride in the number of
Questions they ask, under the mistaken impression that their
constituents will regard this as proof of their zeal for public work.

Question Time ends at or before 3.45, and if there are any ^
new Members, recently victorious at by-elections, they will
be introduced at this point. The new Member is escorted up
the floor of the House by two of his own party, while his supporters
rjyw and the other side remain silent or make audible comments
about his political past or incidents in the by-election campaign.
The House is now ready to begin the work of legislation and
control of money which occupies two-thirds of its time. Every
Thursday, in answer to a question from the Leader of the
Opposition, the Prime Minister will state what business will be
before the House in the next week. At intervals, days are granted,
on the Opposition’s request, for a debate, not on the provisions
of a Bill, but on the Government’s policy in some important
matter; or it may be for a Vote of Censure on the Government,
when its whole record can be discussed.

So the business proceeds until n p.m., unless, as sometimes
happens, the House, at the request of the Government, has
“suspended the n o’clock rule”.: At 11.30 p.m., however, the
day’s work is bver, except when urgency of business or exception¬
ally fierce opposition prolong the sitting until the following
morning or even afternoon.

On Fridays the House sits from n a.m. till 4 p.n1, so that
the week-end is free. This arrangement, made first to give
Members leisure for private enjoyment, now gives the
conscientious M.P. a chance to visit his constituency, keep in
touch with his local party organisation, and address meetings; the
“week-end platform” has thus become a feature of political life.

Some Fridays are set apart for Private Members’ Bills, and

THE WORK OF PARLIAMENT 147

on some Wednesdays Private • Members may introduce Reso¬
lutions; the latter are no part of the process of making law,
but allow ideas to be discussed and the opinion of the ‘House
tested. After Christmas, however,' the Government begins to
use some Wednesdays for its own business, and after Easter
no time is left for Resolutions or new Bills from Private
Members, though the Bills already under discussion continue
on their way. It will be seen that the time allowed for Private
Members is slight and their difficulties will appear even more
clearly when the process of turning a Bill into an Act has been
examined.

DEBATES AND VOTES.

Members must address their speeches, not to one another,
but to “Mr. Speaker 35 . They must not refer, to other Members
by name, but as the “Honourable 'Member fqr Richmond 33 , or
whatever his constituency may be. These formalities, as anyone
who has belonged to a large debating society will know, help
to prevent the discussion becoming too heated and degenerating
into a wrangle. Speeches must not be read—though a Member
may use notes or quote from documents—and must be confined
to the subject under discussion. Offensive expressions are
forbidden and the natural rules of civilised debate must be
observed. A Member who transgresses the regulations will be
greeted with cries of “Order, Order! 53 from his fellows, and called
to Order by the Speaker. Should a Member attempt to defy
the Speaker, the latter will “name 33 the_ offender and the Prime
Minister will move that he be suspended from the service- of the
House. If the House agrees, the‘Member will have-to leave;
in. the last resort the officers of the House will be called on to
remove him. Suspension lasts for a few days and is ended by
■an apology. In the years following 1877, when Parnell led the
Irish Party, -deliberate obstruction was common and forcible
removal of Members occurred. The Standing Orders which
govern the procedure, of the House have since been altered;

148 THE BRITISH APPROACH TO POLITICS

Pamellite obstruction would no longer be effective and is not
attempted* though there are occasional outbursts by indignant
Members.

There is no time-limit for speeches* but' the attitude of the
House does not encourage long orations. A Member making
his maiden speech is listened to with friendly interest* but the
House soon makes up its mind whether a Member is worthy of ^
attention. The rising of notoriously dull Members to speak is a
' signal for many to leave the Chamber* and it is not uncommon for
Members to find that many of their audience are only there
because they want to speak next. If the attendance is low* a
count may be demanded: Members will be summoned from all
parts of the building: if* even so* less than 40 appear* the House
is “counted out 55 and business comes to an end. The Member
who wishes to speak may intimate Ms desire to the party Whips
who can raise the matter with the Speaker; or he may rise on the
spur of the moment and trust to catching the Speaker's eye.

The lofty oratory and classical quotations of past centuries
have vanished; for the House is no longer recruited from a
single class* educated on a common pattern. While the good"
speeches of the past may be admired as works of art* those of
to-day are distinguished by clarity and grasp of fact. Bad
speeches* of course* are common enough as in all assemblies of
human beings at all times and places. Exceptionally gifted
orators such as Mr. Lloyd George can make a great impression*
though here again the House expects the speech to contain fact
and argument.

THE BUILDING.

The oblong Chamber in which tMs debating occurs is not
large enough to hold more than two-thirds of the Members;
but since an M.P.'s work is not confined to attending debates
this is not inconvenient* except at the opening of the Session

or on rare occasions when nearly all wish to be preseht; some .

of the galleries then accommodate the overflow. The Speaker's

THE WORK OF PARLIAMENT

149

-hair is in the middle of one of the short sides of the Chamber;
Government supporters sit on his right and the Opposition,
facing them," on Ms left. The front bench on the Government

side, called the Treasury bench, is occupied by Ministers,
with their subordinates sitting close behind. The rows of benches
are divided, half-way down the House, by a gangway, and
Members who are not in agreement with the Government or
with the official Opposition take seats below the gangway, on the
far side from the Speaker’s chair; thus in the present Parliament
the Liberal Party sits below the gangway on the Opposition side.
Apart from these rules, Members have no right to any particular
seat; attendance at Prayers is stimulated by the fact that a Member
may at that time reserve a seat for the rest of the day. Some of
the older and better-known Members are always allowed to
take their customary place. In front of the Speaker’s chair is a
table for the Clerks of the House; on it are the Mace and some
official documents, and dispatch boxes. Above the chair is a
gallery for the compilers of Hansard, the official verbatim report
of Debates, and for the Press. 1 Opposite the Press gallery is one
for “Distinguished Strangers” such as Peers or foreign
Ambassadors. There is also room in the galleries for a limited
number of the general public; Members ballot for tickets to give
to their friends and constituents. The House has the right to
clear the galleries and hold a Secret Session, as was done once
or twice during the War.

The House of Lords is similar in arrangement to the Commons,
but more gorgeous in appearance. The rest of the Palace of
Westminster contains Committee Rooms, kitchens, dining and
writing rooms and a notoriously inadequate library; there are
also the older parts of the building—Westminster Hall, where
William Wallace, Warren Hastings and Charles I were tried,
St. Stephen’s Chapel and the cellars used for the Gunpowder Plot.
Flanking the debating Chambers of the Commons and Lords are

1 The right of newspapers to publish accounts of the Debates was
hotly contested and successfully m ain t ained in the 18th century.

150 THE BRITISH APPROACH TO POLITICS

Division Lobbies. When a debate has ended the Speaker puts the
question* asking those in favour to say “Aye” and those against
“No”; he then announces “I think the Ayes (or Noes) have it”*
usually assuming the Government to be victorious. Frequently the

Opposition* knowing themselves to be in a minority, let his

decision stand; but if they wish they can shout “Divide”*
whereupon bells ring all over the building to summon Members
to the Chamber; they then file into the Aye and No lobbies ^
and are counted. The lists of those voting is published and helps

the electors to judge how often their Member is at his post.
The Whips elected by each party have the task of seeing that
Members will be in the House when important divisions are
expected; a Whip must therefore be .well acquainted with the
time-table and procedure. A Member who has an important
engagement elsewhere may arrange with the Whips to find a
Member of the opposite Party' similarly placed* and “pair”
with hi m —i.e., make an agreement that neither shall vote at
that division.

FROM BILLS TO ACTS.

There are several kinds of Bill, the commonest being a Public
Billy i.e., one affecting* the whole community. For such a Bill
to become law it must go through the following stages:— Drafting.
The Department of the Minister concerned consults with the
Parliamentary CounseFs Office* which is the part of the Civil ■
Service charged with putting the Government's policy into the
proper legal form. This is difficult and technical work* and it
appears that the office staff cannot at present deal with more
than four Bills at once. As some Bills take months to prepare
this is a serious drag on business. First Reading. Notice having
been given to the House that the Bill is to be introduced* the
Minister hands a copy of it to the Clerk of the House who reads
the “Long Title” which states the nature and purpose of the
Bill. The House agrees that the Bill may be brought in and a
day is fixed for Second Reading. Little time has been spent and ^

it allows mote speeches to be made without any thing of substance

152 THE BRITISH APPROACH TO POLITICS

Debate. Committee . When the Bill has been read a second time*
it is referred to a Committee. For Bills of great importance*
including all Money Bills* this will be a Committee of the Whole
House; other Bills go to one, of the Standing 'Committees. Four
of these* named A* B, C* D* contain between fifty and eighty
Members* the parties being in the same proportion as in the
House; a fifth Committee is the Scottish* containing ail the
Members from Scotland and from ten to fifteen others. Members'
are appointed to Committees by the Committee of Selection
which is set up at the beginning of each Session; it has eleven
Members* six of whom are Government supporters. Committees
meet in the morning* when the House is not sitting* or in the
afternoon. The Scottish Committee takes all Bills relating only to
Scotland; A* B, C* and D do not specialise in any one subject.
However* only about two-thirds of a Committee’s members
are a permanent nucleus: to these twenty or so are added
for each Bill* and remain with the Committee while that Bill
is under consideration: so each Bill secures the attention of a
certain number of specialists in its subject-matter. The Speaker
appoints for each Committee a Chairman* under whose guidance
the Committee examine the Bill clause by clause, sometimes
consulting with the Minister who is in charge of it. The distinction
between parties is not so sharp in Committee discussion as in
debates in the House. There will be certain points on which
the Government supporters will stand firm, but very considerable
modifications are made as a result of Opposition pressure. The
public often under-estimate the amount of work done by M.P.’s
because they do not realise how much is done in Committee;
most newspapers only report Committee work when a point of
special news-value arises. The Private M.P. has* indeed* more"
opportunity of using his abilities in Committee than in the
House* where much of the Debate is arranged by the Whips
and the result is a foregone conclusion. It is probable that
Committees could do their work more easily if they were smaller;
this would permit an increase in the number of Committees*

THE WORK OF PARLIAMENT 153

so that more Bills could be considered at once. Report . The Bill,
as amended by the Committee, is reported to the House'who
can now consider each clause and suggest further amendments.
This . ensures that- the. BUI, in its final form, represents the
opinion of all Members and not only of the Committee. It
sometimes happens that the Minister in charge of a Bill agrees
■with criticisms made in Committee but cannot immediately
frame the necessary amendments ; he has an opportunity to
introduce them at the Report stage. Third Reading . This is a
final debate on the Bill; it does not, as a rule, take much time,
though Amendments can still be introduced.

“ Another Place ”. 1 It has been assumed throughout this
description that the Bill starts in the. Commons. In fact, a Bill
may be introduced in either House, save that Money Bills must
start in the Commons, and Law Bills y dealing with the intricacies
of the legal system, usually start in the Lords. When a Bill has
passed one House it must go through the same stages in the ‘
other. Consideration in the Lords is quicker; the Committee
stage is usually handled by a Committee of the Whole House,
though a small Standing Committee often revises the wording
of Bills. If one House inserts amendments which the other
dislikes, the Bill may go to and fro between the Houses twice
or even more often; then perhaps one House will give way;
or a conference of representatives of the two may be held, to
reach a compromise; or the Bill may be dropped; or, if it is a
Commons Bill, the help of the Parliament Act may be invoked.

Royal Assent. Once through both Houses, the Bill is sure
to become law. If it is urgent it will be presented for the Royal
Assent at once, but usually Bills are presented in batches at
the end of a Session or before a holiday adjournment. The
Assent is given, by Lords Commissioners holding a Commission
authorising them to do so, in the Norman-French words Le
Roy le vault (the King wishes it). The ceremony is held in the

1 The phrase used by a person speaking in one House of Parliament
and referring to the other.

154 THE BRITISH APPROACH TO POLITICS

House of Lords* the Speaker having been summoned thither;
a number of Members of the Commons stand at the doors
and watch* and* if the Bill has been hotly contested* shout their
emotions as it becomes law.

A Public Bill may also be introduced, by. a Member holding
no Government position; it is then called a Private Member*s
Bill Should such a Bill involve expenditure* it cannot proceed
beyond Second Reading* unless a financial resolution is moved
by a Minister. If this rule were not kept* every Member would
be tempted to bring forward Bills which would cause money
to be spent in his own consimtency, and the House would be
the scene of a continual scramble for public funds. The Private
■ Member must draft Ms Bill himself, or employ an expert; then
he may try to introduce it by joining in the Ballot for time on a
Friday. He may leam that Ms Bill is to be say* the second on
the Order Paper for a Friday early in the Session*—only to
find that the first Bill on the Paper provokes so long a debate
that there Is no time for Ms own* or that the House* bored by
the earlier Bill* is counted out. Alternatively* the Private Member
may introduce Ms .Bill on another day at 3.45* under the Ten
Minutes’ Rule: he makes a short speech In Its favour and another
short speech Is made against. If the House agrees* the Bill can
go forward for Second Reading. But the pressure of Government
business* wMch takes. at least three-quarters of the available
time* makes it impossible that a Private Member’s Bill will
become law unless it is unopposed* or the Government sees
that there is a strong feeling in its favour, and makes room in
the time-table. Here lie two ’ serious defects of Commons
procedure: the Private Member feels that he has little scope
for expressing Ms own ideas; and much of the time that Private
Members do have is -wasted discussing Bills wMch have no
chance of becoming law.

The House has also to consider many Private Bilky the usual
purpose of wMch is to allow some Company or Local Authority
to proceed with a building* or railway* or works of some kind

Parliament for the Lords; an examination is there made, to see

Bill goes to a Select Committee, but the chances of its being
defeated are negligible. Thus the task of protecting the individual

156 . THE BRITISH APPROACH TO POLITICS

of the process, may marvel that any laws are made at all. Yet
they are made, by the hundred, every Session, and this becomes
easier to understand when the methods of “applying the Closure”
—i.e., bringing a debate to an end—are studied. The simplest
form of Closure is for a Member to rise and move that the question
be now put. If the Speaker approves, he may allow, the House
to vote on this motion; if it is carried and at least 100 Members

are voting for it, the debate ends and a vote is taken on the matter

under discussion. When the Government have a long Bill going
to its Committee' stage, they may, by a majority vote of the House,
impose a time-table which requires that at a fixed time the vote
shall be taken on, say, ail Clauses up to Clause 20; at another
fixed time, on all Clauses up to Clause 40, and so on. This
^Guillotine” enables the Government to know in advance when,,
a Bill will be finished; but it restricts debate, and .the Govern¬
ment^ proposal to use it may be vigorously, though unsuccessfully
contested by the minority. When the Guillotine is used, the
House may take so long discussing Clause 1 that they have
to vote on Clauses 2 to 20 without any discussion. Speed and
concentration on what is most important may be combined if
the'House permit the drastic “Kangaroo” to be used; the
Speaker or Chairman may then pick out from a mass of amend¬
ments those which he thinks most suitable for debate; the
remainder are ignored.

Only a Government which possesses a clear majority can be sure
of getting permission to use these methods; but a resolute, use
of them makes it possible to pass a Bill through all its stages
in a few days, or, by suspending Standing Orders, as little as
half an hour. If a great emergency arose— war, or widespread
disorder due to economic distress— the Government could
quickly use its majority to pass laws giving it .all the necessary
powers, in addition to those it possesses under the Emergency
Powers Act, 1920. A Government which lacked the people’s
confidence would, no doubt, - hesitate before attempting to
steam-roller ‘ Parliamentary opposition; but there is nothing

fSu ft

THE WORK OF PARLIAMENT

159

few can ■ become fully qualified engineers, yet many possess a
useM general acquaintance with the working of a motor-car.
Not everyone can or need be a legal and Parliamentary expert;
but the ordinary citizen can, if. he wishes, acquire sufficient
knowledge to make a shrewd judgment of Ms M.P. J s usefulness.
TMs is but one aspect of a great problem; how to raise general
knowledge in politics to the standard wMcit it attains m other
fields.

BOOK’S: ^

*jennings. Parliamentary Reform (New Fabian Research Bureau.)
ilbert. Parliament,

CHAPTER XI

THE CONTROL OF MONEY

- Supremacy of Parliament

Estimates
The Budget
Economy
Debt '

SUPREMACY OF PARLIAMENT.

Parliament maintains its supremacy over the Government by
a jealous watch over money. In previous centimes the Crown
has tried many methods of getting money without Parliament's
consent; it drew revenue from its property; it borrowed; it
revived forgotten laws and imposed heavy fines on those who
had unwittingly broken them; it sold special privileges to
individuals; it tried to compel the payment of taxes which
Parliament had not approved. Charles Ps attempt to use this last
method, by requiring ship money from those not legally obliged
to pay it, was one of the incidents leading to the Civil War.
Most of the other expedients have now been declared illegal,
beyond doubt, and the Crown's property, to-day, provides only
a tiny fraction of the money needed for Government. The first
object of Parliament's rules about money is, therefore, political;
but they have also the economic object of preventing waste.
Parliament seeks, first, to ensure .that .the Government shall
not get any money without Parliament's consent: secondly, to
control the spending of that money, partly for the sake of
economy, and partly to see that the Government, having got
money for one object does not defy Parliament by spending it
on something else: thirdly* to-enable the Government to carry
on its work; the control by Parliament must not- be so rigid
that the Government is helpless.

160

THE CONTROL OF MONEY l6l

All the money collected forms the Consolidated Fund; out of
this the law allows certain payments, tailed Consolidated Fund
charges, to be made regularly, without repeated consent from
Parliament. For other payments. Parliament must give authority
every year, by passing an Appropriation Act. The most note™
worthy of the Consolidated Fund charges are the interest and
other expenses connected with the National Debt, the Civil List
and the salaries of the more important Judges. Thus people who
lend money to the Government can feel sure that their interest
win not suddenly cease because of a refusal by Parliament to
grant it; and judges can feel themselves independent of the
majority in Parliament. Parliament could alter this arrangement
by passing a new law; but as matters now stand, if Parliament
wishes to stop the Consolidated Fund charges it must, take
positive action; to stop other payments it need only refrain
from passing the next Appropriation Act. Taxation is divided
on the same plan as expenditure;. Death Duties and indirect
taxation continue without yearly approval; the collection of
Income Tax is made lawful from year to year by a Finance Act.

ESTIMATES.

Money must be raised before it can be spent; yet the total
to be spent must be settled before the raising can be discussed.
So Parliament’s first financial task is to discuss the Estimates
which each Department has made of the money it will require.
From October till the end of the year the Departments are in
consultation with the Treasury, to whom the Estimates are
finally sent. The Departments have ■ to consider how much
they spent last year and how far changes of Government
policy and natural factors, such as growth of population, will
affect the figures for this year. In February it is moved in the
House of Commons that the Speaker leave the Chair so that
the House can become “Committee of Supply”. This gives rise
to four debates, on the Civil, Navy, Army, and Air Force
Estimates respectively. Private Members have here an oppor-

tunity for raising a variety of paints connected with the Estimates
that are to be discussed. After this general and rather haphazard
discussions the Committee considers the details of Estimates in

would amount to a vote of no confidence in the Government.

THE CONTROL OF MONEY l6$

ipend, though services must be maintained. The (Committee on
Supply therefore passes a 4 ‘Vote on Account"—a grant of money
:o maintain the Government for a few months. Then another
Committee -of the Whole House—the Ways and Means
Committee—proceeds to empower the Government to raise
taxes and loans, and to draw from the Consolidated Fund. The
iecisions of this Committee are reported to the House and
made law as a Consolidated Fund Act before April ist; on the
strength of this Act the Government can borrow what it needs
for the time. The Committee on Supply then finishes the
Estimates. Sometimes the Government finds that it will require
more' money than was first supposed, and a Supplementary
Estimate is laid before the Committee. All the votes on the
Estimates are assembled in the Appropriation Act which becomes
law, under'the usual Money Eill procedure, just before the
Summer Recess; the Government’s powers to borrow and spend
are thus prolonged for the rest of the financial year.

THE BUDGET.

While the Committee on Supply does the bulk of its work
between February and Easter, the third part of the Session is
largely occupied by the Ways and Means Committee, to which,
near the end of April, the Chancellor of the Exchequer makes
his Budget Speech. This is the longest speech that Parliament
hears, and lasts nearly two hours. The Chancellor first, explains
to the Committee the accounts of the year which has just ended,
showing how the actual figures differ from the Estimates
presented a year before. This.forms a basis for general conclusions
about the country’s prosperity. If Income Tax has yielded more
than was hoped, this is a sign that more work has been done and
more wealth produced; if the consumption of taxed articles—
beer, tea, amusements— has risen, not only does the Exchequer
benefit, but there is evidence that the people have more money
to spend. If the yield from taxation has been disappointing, the
Chancellor endeavours to find some explanation not '".dtscjeclit-

164 THE BRITISH APPROACH TO POLITICS

able to the Government. Expenditure for the past year is likewise
set out, and variations from the Estimates are explained. If there
has been a deficit on the year’s working, the Treasury will have
met it by borrowing; if a surplus, it will be devoted to the
repayment of debt, and. the Chancellor’s next step is to inform
the Committee of the state , of the National Debt. It is, of course,
essential that deficits shall be small and of,rare occurrence. If
the Government were always meeting its regular expenditure'
by borrowing it would soon find unwillingness to lend; then it
might be driven to the dangerous expedient of inflating, i.e.,
printing-, more paper money. This causes a sharp rise in prices,
and, if pushed far enough, will make money worthless and ruin
large ’ numbers of people. 1 On the other hand, there is no need
to have a surplus, since regular provision is made for repayment
of debt, as part of the yearly expenditure. Just as an individual
would be unwise to repay a debt quickly by economising at the
expense of his health, so a. Government must strike a balance
between the need to make some repayment and the undesirablity
of excessive taxation. Perfect accounts, therefore, would balance
to the last penny, but this cannot be attained in practice. Usually
the accounts' do not differ from the Estimates by more than one
or two per cent., which speaks well for the judgment of the
Treasury officials.

The Chancellor next reminds the Commons of the Estimates
of expenditure for the coming year, which,, as Committee on
Supply, they have under review. He shows what would happen

if all this were spent and no changes in taxation were made.
There might be a surplus; or, if public expenditure has been
rising, as it has for the last five or six years, there would be a
deficit. Then comes the part of the Speech for which the whole
country has been eagerly waiting; what reductions or increases
in taxation are proposed? Until this moment the changes have

1 During a slump, a Government might practise moderate inflation
with beneficial results. This, however, is a complex economic problem
which cannot here be properly discussed.

THE CONTROL’ OF MONEY 165

been known only to the Cabinet, and to those public servants
who have assisted the Chancellor or had charge of the printing
of the necessary papers. In 1936 a scandal occurred because
some of the proposals were revealed in advance to private people
who made money out of their knowledge. The event is without
parallel in modem times; the swift inquiry into. the facts and
the ending of the political career of the Minister held to be
responsible were proof of the high standard of morality in, regard
to public money. No Civil Servants were involved in the scandal.

Documents and financial tables are provided to make clear to
M.P.s the more complicated parts of the speech; but even so
they cannot discuss it properly at once. Leaders of the Opposition
parties, ex-Chanceliors of the Exchequer, and a few other
Members make brief comments; the Resolutions having, under
the Provisional Collection of Taxes Act, the force of law, are
passed, and the House turns, for the time, to other business.
In the days that follow, the Budget proposals are discussed in
detail and finally become law as the Finance Act.

The Budget presented by Sir John Simon in April, 1938,
was as follows:—

Estimated Revenue for 1938-1939.

Inland Revenue:—

£

Income Tax . . ■- .

. 341,250,000

Surtax ..

. 62,000,000

Estate Duties . , .

. 88,000,000

Stamps . . . . .

24,000,000

National Defence Contribution

. 20,000,000

Other Inland Revenue Duties

. 1,250,000

Total Inland Revenue .

• 536,500.000

Customs . . .

. . 227,950,000

' Excise ......

. 116,150,000

Total Customs and Excise .

. 344,100,000

i66

THE BRITISH APPROACH TO POLITICS

Estimated Revenue for 1938-1939.

Motor Vehicle Duties .

£

36,000,000

Total Receipts from Taxes .

. 916,600,000

Post Office Net Receipt

Post Office Fund

Crown Lands .

Receipts from Sundry Loans .. ,

Miscellaneous ....

. . 8,670 5 000
2*400,000

1*330,000

5,250,000

. - , 10,500,000

Total Revenue ....

• 944 j 75 0 j°o°

Income Tax is paid by single persons earning more that) £125
a year and childless married couples earning over £225; where
tJie income is unearned the figures are £100 and £180. Income
above this level is called Taxable Income, but from this further
deductions are made, e.g., for children. On the first £135 of
Taxable Income a little less than one-third of the standard rate
of Income Tax is charged; beyond that the full rate, which is
now 5s. 6d. in the £, applies. There are many complications in
Income Tax law, but the final effect is that some five and a half
million people pay the tax—that is, less than one-third of the total
number of income receivers. Many, of these pay only small sums;
a childless married couple earning £250 a year pay less than
1% of their income; if they had £1,500 a year they would pay
about 17% of it. Surtax falls on taxable incomes above £1,500,
and millionaires with £50,000 a year will pay away more than
40% of it in direct taxation. Estate Duties (“Death Duties”)
are charged when property changes hands owing to death, but
only one-fifth of those who die leave sufficient property to be
considered. A very rich man, by dying well before the end of
the financial year, may make the difference between deficit and
surplus to the Chancellor, so the Estimates for this tax are
particularly liable to error. Stamp Duties fall on rh^es and

THE CONTROL OF MONEY l6j

other documents which require a stamp to make them legal;
they give some indication of the volume of business being done
in the country. The National Defence Contribution was first
introduced in 1937: its purpose is to make businesses, whose
profits are rising, contribute to the cost of armaments. Customs
Duties are paid on 'imported articles, and Excise on goods and
services produced at home. This indirect taxation falls on all
classes, but naturally, makes a bigger proportionate hole in the
pocket of the poorer man. If everyone paid direct taxes, the
number of forms to be filled up and enquiries to be made would
be enormous; and if all taxation were indirect, it would have to
fall on a great many articles, so that the problems of collection
and supervision would be formidable. The British system
therefore aims at collecting large sums by direct taxation of the
limited number of rich and middle-class people; the rest of
the nation are drawn into the net by indirect taxation, the bulk
of which comes from duties laid on a few articles of widespread
consumption. So everyone becomes a taxpayer; x indeed, -a married
man with three children, earning £100 a year, has to pay about
one-ninth of his income, one earning £500 about one-fourteenth,
and one earning £1,000 about one-sixth.

Estimated Expenditure for 1938-1939.

Interest and Management of National Debt .

A i

230,000,000

Other Consolidated Fund Services

12,100,000

Total Consolidated Fund Services

Supply Services :—

Defence:—

242,100,000

Army . . . .

77,373,000

Navy

83,810,000

Air Force.

72,976,000

Pensions for Armed Forces

19,089,000

Total Defence ....

253,248,000

X68 THE BRITISH APPROACH TO POLITICS

Estimated Expenditure for 1938-1939.

Civil:— £

Central Government and Finance

2*542*000

Foreign and Imperial.

10*270*000

Home Department, Law and Justice

28*096*000

Education ....

61,847,000

Health, Pensions, Unemployment

. 172*331*000

Trade, Industry, Transport

40,646,000

Works, Stationery, etc.

11*692*000

War Pensions* etc.

43,094,000

Grants to Local Authorities

54,248*000

Margin for Supplementary Estimates

10*000*000

Tax Collection ....

14*284*000

Total Civil ....

. 449 , 050 , 0(30

Total Supply Services . .

. 702,298,000

Total Expenditure . .

• 944,398,000

Comparison with the Revenue figures will

show a small

estimated surplus of £3523000.

The huge payment caused by the National Debt should be
noticed. By far the greater part of it is required for interest*
though in 1938-9 about £40*000*000 was available for repay¬
ment. Since both interest and repayment go to people in this
country* the real burden of taxation is less than appears from the
accounts. Expenditure on the Armed Forces has been increasing
for some years* and to the Budget total must be added another
£90*000*000 which is to be borrowed* just as- £65*000*000 was
borrowed for the same purpose in the previous year. This
alarming tendency to strain national resources for armaments
can be noticed in the Budgets' of nearly every country in the
world; it is the symptom of a serious defect in the Government
of mankind. The Social Services have grown considerably since
the War; they benefit chiefly the poorer section of the people
and can be set against the indirect taxation falling on that section.
The £14*000*000 spent on collecting taxes cannot be considered
extravagant* since it is less than 2% of the total collected. That
total* not far short of £900*000*000* is about one-fifth of the
wealth produced in the United Kingdom each year.

THE CONTROL OF MONEY

I69

ECONOMY.

That Parliament, charged with controlling so large a sum*
should be careful with it, is a truism. The word “economy”,
however, when applied to Government finance, has two distinct
meanings. Economy is, in substance, the spending of money and
resources in such a way that they will give the greatest possible
satisfaction. If the question is put, “Would it be economical to
* cut down the public services and so reduce taxation?” the point
really at issue is this:—Less money will be spent on something
the Government provides; it may be armaments, schools, or
Old Age Pensions; taxpayers, having to pay less, will spend more
on the things that they, as individuals, like—say, books, amuse¬
ments, or clothes. Fewer men and materials will be employed
on making armaments or schools, and more on providing amuse-
5 ments or clothes. Will that be a better use of resources? Will it
increase the welfare of the people as a whole ? Will high taxes
cause people to save less, and so dry up the flow of capital to
industry? Will those who manage industry be less willing to
take risks, because part of their profits will be taken by the
State ? It would certainly be uneconomical to abolish all
expenditure on education, in order to reduce the Income Tax;

■ it would equally be uneconomical to increase educational
expenditure tenfold at the present time. But apart from these
extreme examples, there can be no definite statement of fact
about what is economical. The phrase “welfare of the nation as
a whole” is v^gue; .nations are composed of groups whose
interests differ and conflict. When people discuss a proposal to
increase Old Age Pensions by heavier taxes on the richer classes
they will try to show that it will, or will not, mean a better use
of the nation’s resources; but they will be strongly influenced
by the effect that the scheme is going to have on them. “Economy”
in this sense is therefore a question in dispute between
parties.

- There remains a second meaning, more restricted and easier to
define. Once it is settled that the State is to carry out a given total

170 THE BRITISH' APPROACH TO POLITICS

of activity, it is to everyone’s interest that this should be done
without waste of money. There would be no sense in spending
£28,000,000 on the “Home Department, Law and Justice 5 *, if
the same results could be achieved for £20,000,000. A .good
financial system will contain provision for watching expenditure
in the interests of this kind of economy.

. Government Accounts come under the eye of the Comptroller
and Auditor-General, who, like a judge, cannot be removed
from office save,at the request of both Houses of Parliament,
and whose salary is a Consolidated Fund charge. As Comptroller
he sees that all money collected goes into the Consolidated Fund,
and that none .goes out without the proper Parliamentary
authorisation. As Auditor he examines all the Accounts to see
that the money has only been spent in the ways which Parliament
approves. It is clear that he is not concerned with economy, but
with the supremacy of Parliament over expenditure. If a Minister
wished to equip Ms Department with the most luxurious furniture
and persuaded Parliament to approve the necessary Vote, the
Comptroller-General, seeing the Parliamentary authority, would
raise no objection. It is significant that the phrase “uncontrolled
expenditure 55 wMch in everyday speech would mean extravagance,
means in official language, expenditure wMch Parliament has not
approved. The reports of the Comptroller-General come before
the Public Accounts Committee, composed of fifteen M.P.’s..
This Committee may criticise extravagance, but it also is chiefly
concerned with keeping the Government under Parliamentary
• control. Since, however, the reports describe expenditure in
great detail, serious waste is not likely to remain Mdden.

The body really charged with the prevention of waste is the
Estimates Committee, composed in the same way as that on
Public Accounts. It examines in detail the record of one Depart¬
ment after another and presents.annual reports. But the work is
so great that the Committee rarely deals with more than one
Department each year; nor does the House of Commons give
sufficient time to consideration of its reports.

THE CONTROL OF MONEY VJ1

One conclusion is 1 unavoidable. Parliament has concerned
itself so much with preventing “uncontrolled” expenditure
that it has neglected the prevention of waste. Yet public
administration in Britain cannot be labelled extravagant; it
compares favourably with that of most other countries. But it is
questionable whether Treasury supervision of Estimates is
sufficient check on the growth of small items of unnecessary
expenditure; and these, if unremoved, make up in time a
formidable total. In -the middle of the 19th century Mr. Gladstone
found -an accumulation of waste and had to destroy it by instilling
rigorous habits of economy into all who worked with him. This
tradition has not yet died; but it was weakened by the War,
when resources had to be provided quickly rather than
economically, and by the great growth of public expenditure
which has made details appear negligible. It might therefore be
desirable for the Estimates Committee to be enlarged and
divided into sub-Committees to consider separately and
simultaneously those Departments which are the chief spenders.
Its members would have to devote considerable time to their
work and would need the help of experts other than those in
Government Departments.

DEBT.

Frequent reference has been made to borrowing by the
Government, and it will now be convenient to summarise the
facts of the National Debt. There is, first, the short-term debt,
totalling about £1,000,000,000. This is constantly being borrowed
to meet everyday needs, and repaid as the receipts from taxes
come in. The money is drawn partly from firms,which “take up”
Treasury Bills—i.e., lend the Government money for short
periods—and largely from the Bank of England which makes
what are known as Ways and Means Advances to the Govern¬
ment. The long-term debt has been incurred, for the most part,
in time of war, and reaches the amazing total of £6,000,000,000.
The £230,000,000 set aside each year, together with any

172 THE BRITISH APPROACH TO POLITICS

unexpected surplus may, besides paying interest, add to the
Sinking Fund which the National Debt Commissioners control;
but there is no prospect of any substantial reduction in the
total for very many years. Increase of armaments will add
another £400,000,000 and should Great Britain again enter a
war the total would become so great that it would scarcely be
possible to pay the annual interest. The plan of a Capital Levy,
i.e., a special charge on people owning great wealth, to be used
for debt repayment, was considered but rejected shortly after
the last war. Finally, there is about £1,000,000,000 External
Debt, owed to foreign countries, chiefly the U.S.A.; but in 1934
the Government decided, to make no further payments on this
account. The money, as Mr. Neville Chamberlain, then
Chancellor of the Exchequer, explained, had been spent on
materials long since destroyed *in the War. This argument would
apply equally to much of the Internal Debt, and the U.S.
Government has never felt satisfied. Britain, however, was not
being paid by her own debtors, and could not, therefore, be
reasonably expected to pay the U.S.A. International Debts,
however, only add one more complication to the economic
difficulties of a world already troubled by all manner of
restrictions on the normal course of trade, and no final agreement
is likely to be reached except as part of a world programme of
economic recovery.

Great as the Debt is, the interest is at present unfailingly paid,
and those whose savings are in Government Stock feel that
they have the safest possible investment. What assets has the
Government to set against its Debt, and inspire this confidence?
Chiefly, the facts that it is a stable Government with the right
and the power to tax its subjects, and that those subjects
produce enough wealth to bear the burden. Moreover, the
examination of the economic and social activities of Government
has revealed types of expenditure which add to the nation’s
wealth-producing power. As these activities grow, the Govern¬
ment becomes comparable not only to an individual who receives

THE CONTROL OF MONEY

173

and spends, but to a firm with assets and liabilities. Ten years
ago some prominent members of the Liberal Party pointed out
that the Budget treats in the same manner ordinary spending
and spending which is really investment, so., that the real financial
position is obscure. 1 They recommended that the Commons
should be given a statement of - the nation’s assets and
liabilities, in addition to an ordinary income and expenditure
account; and there is no .doubt that this reform will one day
have to be made. Meanwhile one economic activity has sprung
up which gives the Government uncontrolled power over a large
sum of money in a maimer which would have startled previous
centuries. In 1931 Britain went off the Gold Standard: that is
to sav, the £ was no longer , worth a fixed amount of gold, and
the number of francs, dollars and other" foreign units for which
it would exchange became uncertain. There was reason to' fear
that speculators would take advantage of the situation and
aggravate, the uncertainty. The Government formed an Exchange
Equalisation Fund, to be used for the buying and selling of £’s
and foreign currencies in such a manner as to keep the £ 5 s value
stable on the foreign exchange market. In such work secrecy is
essential to success, and the Commons have therefore to take
the Chancellor’s word that a sum of, perhaps, £400,000,000 is
being properly handled.

The Management of the National Debt and allied problems
is highly technical and there is therefore close connection between
the Chancellor and those persons and institutions whose work
is the borrowing and lending of money. At the centre of these
is the Bank of England. Strictly speaking, the Bank is a private
institution possessing special privileges given it by successive
Act$ of Parliament. It has the sole right to issue notes in England;
it keeps the Exchequer Account and makes Advances to the
Government. Further, the advice of the Governor of the Bank
and other prominent figures in the banking world, will carry
great weight when the Government proposes to raise loans,

1 See Britain's Industrial Future , Ch. XXIX.

174 THE BRITISH APPROACH TO POLITICS

to embark on any great expenditure, or make any notable change
in financial policy. It has been. noticed that economic factors
play a part in determining the form of Government; that in
discussing the Government of Great Britain the cleavage between
those who own property and those who do not must be borne
in mind. The banking system is one of the channels through
which the former group may influence public policy.

BOOKS:

Report of Colwyn Committee on National Debt and Taxation,
1927

, Armitage Smith, Principles and Methods of Taxation
C. G. Clark, National Income and Outlay (Ch. VI.)

CHAPTER XI!

THE ELECTION OF PARLIAMENT

Constituencies and Voters
Criticisms of Present Law
Insufficiently democratic
Too democratic
Proportional, Representation
Functional Representation ■

Progress of an Election
Electors and Elected

CONSTITUENCIES AND VOTERS.

The House of Commons is intended to represent the people.
If this purpose is to be fulfilled, every adult should have an
equal share in electing the House. The country is accordingly
divided into constituencies, each of which has the right of
returning one, or, in a few instances., two Members. The con¬
stituencies are either ^Parliamentary boroughs 55 or Divisions of
Counties, so that a vestige of the old plan of burgesses and
knights of the shire is preserved, though the distribution of
Members has changed greatly with the growth and movement
of population. Some towns which have the status of a Borough
for their own local Government—have, for example, a Charter
and Mayor-are too small to have a Member and are included
in a County Division; thus Truro is in the Penryn and Falmouth
Division of Cornwall; other. Boroughs in the local Government
sense, such as Manchester, are -so large that they must be cut
into several Divisions each returning a Member. The present
arrangement of constituencies, dating from the Representation
of the People Act, 1918, is as follows:—

London is divided, for its local Government, into the City of
London and 28 Metropolitan Boroughs of varying size. The

175

stituency; the University of Wales, and The Queen’s, Belfast,
have one each.

Although an effort was made in 19x8 to ensure that

—-— — - f cuulvl rv .

Bethnal Green 27484. A redistribution of seats* by Act of
Parliament* is clearly overdue but* if it is to be done fairly*

cannot be hurried. A huge constituency now returning one
Labour Member might be cut into three parts* each containing
districts which are usually Labour and districts usually Con¬

servative* but with a good chance of a Labour majority in all
three; the drawing of other lines on the map would produce one

:&sk or ma&mg up me Register or persons entitled. to vote
m local authorities. Every year the Clerks of Borough
unty Councils, acting as Registration Officers, send out
vhich...the public are legally required, to fill up correctly,
discover the name of every British subject over 21 who
d or occupied business premises in' the constituency for
;e months ending June i$t, or is the husband or wife of
possessing the business premises qualification. All these
[tied to vote unless they' are" certified lunatics, persons
id of treason or felony, or offences against the Electoral
ords of Parliament, or Scottish non-representative Peers,
rs of the Armed Forces or the merchant service do not
fulfil the residence qualification, and all persons whose
ion makes it likely that they will be elsewhere when the

1 comes can set their names out on the Absent Voters*

178 THE BRITISH APPROACH TO POLITICS *

organisations in tracing these removals and providing cars to
bring them, to the poll.

In University constituencies officials of the University itself
compile the' list. The usual qualification is the holding of a
degree from the University concerned, though sometimes other
formalities are required. So a person may possess a residence,
business, and University qualification for voting: but at an
Election no one may give two votes in the same constituency,
nor more than two votes in all.

Ail who are qualified to vote are also qualified to stand and.
be elected, except' clergymen of the Established Churches of
England and Scotland, and of the Reman Catholic Church, and
persons holding a salaried office from the Crown, though this
does not, of course, apply to Members of the Government.
The Sheriffs and Mayors who, in Counties and Boroughs
respectively, act as Returning Officers in charge of the election,,
cannot vote unless there is a tie between two candidates, when,
the Returning Officer's casting vote decides the issue.

CRITICISMS OF PRESENT LAW.

The rights of voting and'standing are thus so widely extended
that the system seems certain to produce a House representative
of the people’s will. It is criticised, however, .from four points
of view.

(i) It does not give complete equality to all voters. The
business qualification gives some advantage to wealth, and the
allocation of two ■ Members to the City • of London, with an
electorate of about 40,000, has the same effect. There is some
force in these objections since it is no longer a principle of British
Government that property owners should have exceptional
voting power, and the business qualification is a relic of the days:
when property was a necessary qualification for all voters..
But since the total effect on the result of an election is not very
great, the question is not of first-class importance. The extra:
vote in University constituencies is. finore vigorously attacked-

. ■ THE ELECTION OF PARLIAMENT 179

Its supporters claim, as a matter of principle, that educated
people understand Government better than others, and should
have more power-in choosing those who are to rale. This is very
debatable: all the people have to be- governed and they ail know
what it feels like; if a privileged group are given special powers
they will pay insufficient-"attention to the grievances of the
unprivileged, which lie outside their own experience. Mor is the
possession of a University degree any proof of superior fitness
for choosing the Government. The graduate may have gone to
a. University simply because Ms parents could afford to send
him, and there secured a Pass degree with a minim um of ability
or industry. Alternatively, he may be a brilliant scholar, but
acquainted only with one branch 'of knowledge and remote from
the life of the people; Ms claim to the extra vote may be answered,
appropriately enough, by the Greek proverb “Much learning
does not teach sense”* Both these types are common enough in
Universities. There is more to be said for the practical argument
that University constituencies permit the election of men and
women who combine academic brilliance with knowledge of the
world; who can make valuable contribution to 'Parliament’s
work, but do not belong to any party and so would find election
elsewhere more difficult. Sir Arthur Salter, Member for Oxford
University and Miss Eleanor Rathbone, for the Combined
English Universities, can be quoted as .examples. For the most
part, however, University electors do not seek to return
members of this kind, but give their votes with quite as rigid m
adherence to party as anyone else. M any illustrious names—
Mr/ Gladstone, John Stuart Mill, "’Professor Gilbert Murray—
can be found in the list of those refected on party grounds by
University constituencies.

(2) Other -critics claim that the present law gives too much
equality, and that the vote should be restricted to a group
distinguished .from the mass by wealth, aristocratic birth, or
education. The general argument concerning democracy must
be examined later; here it will be sufficient to note practical

ISO THE BRITISH APPROACH TO POLITICS

objections to any proposal of this nature. The wealthy and
aristocratic have already great governmental influences both in
the House of Lords and elsewhere; it would be impossible to
persuade the majority to give up their vote to such a group.
The theoretical and practical objections to Government by an
aristocracy of the educated' have already been noted; and mho
could devise an examination which should show who were fit to
govern? The idea of a restricted franchise has ceased to be practical
politics: modem opponents of democracy do not adopt it; rather*
they allow the whole people to vote on certain occasions* taking
care that the vote shall have no real effect on the powers that
rule. It is interesting to -read Bagehofs attack on the idea of
votes for all adults* the ^ultra-democratic theory 59 * as he cals it.
He paints a lively and not altogether untrue picture of the type
of Parliament which will be elected by universal suffrage.
Events* however* have shown him to have neglected one great
truth—that the extension of the vote to the working-classes* and
particularly to working-class women* would oblige Parliament*
as never before* to give attention to social questions—that is*
to the lives and everyday needs of the people.

( 3 ) The number of Members of each party in the Commons
does not properly represent the numerical strength of the
parties in the country; in particular* minorities are under-
■ represented. The truth of this criticism can be demonstrated by
simple arithmetic. If in one constituency a Labour candidate
gets 15*000 votes* a Conservative 12,000 and a Liberal 8*000*
then a Labour M.P. is elected though there is a non-Labour
majority. Suppose that in each of three constituencies 40*000
votes are cast and that of the total 120*000 only 50*000 are
Conservative; yet if 22*000 of these have been cast in one
constituency, 21*000 in another and 9*000. in the third* the
Conservatives* possessing only five-twelfths of the votes in the'
whole area will win two-thirds of the seats. The result over
the whole country can be illustrated from recent elections.
In 1924 there were just over 8,000*000 Conservative votes*

THE BRITISH APPROACH TO

THE ELECTION OF PARLIAMENT 183

and the elector is led to suppose that all parties are much the
same, and that it does not matter how he votes, or whether he
votes at all. Nor are the mass of electors, not firmly attached
to any party, more likely to be satisfied. They usually desire to
see returned to power a Government able to carry through a
policy which has been stated at the election; should the
Government fail to do so, it can be judged accordingly. Under
Proportional Representation the elector would know that
whatever party he voted for, there would be little likelihood of
its policy being carried out; for the Government would be a
Coalition whose nature and working vyould be unpredictable.
At the 1924 Election the majority of electors clearly wished to
defeat the Labour Government; in 1929 they wished to defeat the
Conservative Government but were not prepared for the Socialist
proposals of the Labour Party. In 1931 there was a determination
to give the National Government solid power; by 1935 ent-hn^m
for that Government had waned, but the majority still preferred
it to a Labour Government. The people may have been right or
wrong to wish these results; but that they did wish them is
certain to everyone who studied opinion at the time, and, under
our present voting system, they (secured them. The measure of
support secured by the victorious party is, no doubt, exaggerated;
but the suggestion that the present system is a gamble, and its
results a matter of chance, will not bear examination.

The members of great parties are held together to-day by
the knowledge that if they sink minor differences they may be
able to return a majority Government to power. -Proportional
Representation, by taking away the hope of a clear majority
and increasing the chances of small groups would yield a Parlia¬
ment in which the number of parties was gready increased.
The inevitability of Coalitions would not lessen party strife;
each party could put forward a rosy programme without
bothering too much about its practicability: for the excuse is
always to hand “You could not expect us to carry out all our
programme; we had to sacrifice this and that item at the request

N

184 THE BRITISH APPROACH TO POLITICS

of other parties in the Government.” The Government’s
progr amm e would be arranged by bargaining. “We will agree
to this if you will agree to that”; and in this atmosphere principles
and the will of the people are likely to be forgotten.

• The fierceness of party strife is not determined by the method
of voting, but by the problems which the country faces. When,
as in. Germany after 1930, economic distress is acute and the
only apparent remedies involve the sacrifice of the interests of
one section or another, then the conflict becomes bitter. The
Governments produced by Germany’s Proportional Representa¬
tion system were unable, being Coalitions, to pursue a consistent,
determined policy which would win popular support; and in
the general confusion the liberty of the German people, and
the security of Europe, vanished. If it is a virtue in Proportional
Representation that it checks extremism, it is a vice that it
encourages delay. When great difficulties have to be faced the
people will forgive much extremism to get a Government which
can act boldly and quickly; if a Proportional Representation
system hinders them, they are likely to throw aside self-
government.

(4) The grouping of electors into geographical constituencies
is criticised as unreal by those who advocate functional
constituencies, grouping the electors not according to their
dwelling but to their work. On this plan, miners, shipbuilders,
teachers, and all other workers would elect representatives from
their own ranks and ’the Parliament would be the combination
of these groups. Every Member, it is urged, would thus have
expert knowledge of some occupation; to-day ,the candidate
appeals to electors of many different occupations and may be
able to impress them simply by Ms talk and manner, without
any real knowledge. But the present Parliament is by no means
composed of such people. Some there are, no doubt, who possess
little knowledge of any kind; on the other hand, scarcely any
problem arises on wMch there are not some Members. with
expert knowledge. Among the Conservative Members are many

THE ELECTION OF PARLIAMENT 185

with first-hand knowledge of controlling large businesses or
estates; in the Labour Party many with experience of a wage-
earner’s life; in all parties* lawyers* journalists* doctors and
people from academic life. In some debates this becomes' very
plain and Members are inclined to think of their own professional
' and industrial interests to the neglect of other workers. Here*
indeed* lies the chief defect of the functional plan—that it would
*" aggravate the sectional spirit. When the miners are electing their
representatives* one candidate might say* “I recognise the
problems and needs of our industry; but on this or that point
we should not'press our case; there are other workers to be
considered.” The electors would be inclined to reply “That is
true; but they elect their representatives to look after their
interests; we must choose someone who will press for our
interests all the time; for if we do not* no one else will.” Human
beings are not unconquerably selfish; but the effect of a
functional system of election would be to encourage selfishness.
Functional* or “Corporative” Assemblies are frequently advocated
by Fascists* who answer this objection by saying that the
Government _ would see that each group in the Assembly
remembered the over-riding interests of the State. But if the
Government controls the Assembly* the Assembly does not
control the Government; it is not a Sovereign body but can
only advise the Government* which must either be elected
from geographical constituencies or not at all. Put in this way*
the functional system is merely a device to shift power out of
the hands of the people. Experience bears this out; the Corpora¬
tions of Italy in no sense enable the people to control the
Government; they are pieces of machinery through which an
* unelected Government controls the people.

PROGRESS OF AN ELECTION.

It does not appear* therefore* that any decisive case has been

r made against the present system of constituencies. But before

the results can be called satisfactory the progress of an election-

186 THE BRITISH APPROACH TO POLITICS

must be examined. The Prime Minister* either when he thinks

fit*, or when the five-year limit has nearly expired* advises the
King to dissolve Parliament* and the advice is taken. Writs are
then issued to the Sheriffs and Mayors* requiring them to
conduct the election; the bulk of the work is done* in their names*
by permanent local Government officials* acting as Deputy
Returning Officers. On the same date* in ( every constituency,
comes Nomination Day; the candidates must then present"
themselves to the Returning Officer* equipped with a nomination
paper signed by ten voters in the constituency* and with a
deposit of £150 which they will forfeit if they get less than one-
eighth of the votes cast. Candidates often bring many nomination
papers as a sign of their popularity and a precaution lest some
technical irregularity should make one invalid. It is possible to
insure against losing the deposit* and when this has been done
the candidate’s supporters can borrow the money. Usually six
or seven per cent, of the candidates at a General Election forfeit
their deposits. If only one candidate appears on Nomination
Day he is declared elected forthwith; this is likely to happen in
some forty or fifty constituencies where experience has shown
that one party invariably wins; in the remainder a poll is held
nine days after Nomination Day.

Meanwhile the campaign has been in progress ever since
the date of Dissolution was known. Each candidate is allowed
one free postal delivery to every elector* and by this means
sends out his Election Address* a four-page folder bearing on
the outside a photograph, personal details and a list of meetings
to be held; inside is a statement of some 1*000 words outlining
the candidate’s policy and the defects in those of his opponents.
The electors react in a variety of ways; many read the Address,

; and allow it to have some influence on their opinion; some use it
as fuel* or wrapping paper, or leave it to lie unopened; zealous
partisans and persons with a special plan for putting the world
right* return it to the sender with critical notes in the margin,,
or savage comments written across it.

THE ELECTION OF PARLIAMENT 1 87

The sending out of the Address involves much work in
envelope addressing, on which a keen party organisation starts
well in advance, so as to free its helpers for other work. In
charge of all their labours is an agent appointed by the candidate
and responsible for seeing that the electoral laws are kept. The
party organisations in many constituencies maintain full-time
agents who manage both the elections and the party activities
at other times. The agent and his subordinates arrange for the
display of posters throughout the constituency, the establishment
of committee rooms in each district, the distribution of leaflets
and the hiring of meeting-halls. The local organisation keeps' in
touch with the national headquarters of the party, from whom
comes most of the literature used in the campaign. Tours are
arranged for the chief figures in the party so that their help
shall be brought to bear in the marginal constituencies where
the fight is keenest.

The candidate is deluged with letters which, since his party’s
policy can be learnt from the Election Address, usually ask
his opinion on non-party matters. What is his view of Sunday
amusements? Will he support or oppose vivisection, voluntary
sterilisation, relaxation of the licensing laws, taxes on cats,
compulsory inspection of monasteries, 1 and many other proposals.
If he is wise he will answer all these queries, for the elector win
be less annoyed by a refusal of his request than by neglect of his
letter. Much of the candidate’s remaining time will be spent at
meetings. In the daytime he can catch factory workers at the
dinner hour, or, parking a loud-speaker van in the street, can
address housewives even though they stay indoors- At the end
of the day. the number of meetings grows—at street comers,
in open spaces, and inside halls. The candidate must speak at
as many places as he can, and While he moves from one to
another his supporters must keep'the meeting going. Nor win
his audience be satisfied with a speech; they will expea him to
answer questions, and sometimes he will spend half his time at
1 This sounds improbable, but is within the writer’s experience.

188 THE BRITISH APPROACH TO POLITICS

the meeting on this task. Questioners may be simply seeking
for information^ or, particularly at open-air meetings, they , may
heckle—that is, put questions which they hope will extract
some damaging admission or expose the candidate’s ignorance.
Heckling is a legitimate ;practice and an exacting test; the
candidate who knows Ms case need not fear it; on the contrary
he will welcome it since a good- answer wins the sympathy of the
audience. The questioning can degenerate into rowdyism; the
questioner may shout one question after another without waiting
for an answer; there may even be deliberate attempts by groups in
the meeting to shout the speaker down and end the meeting in
violence. In some districts there is an evil tradition of disorder,
but an able candidate will not usually have much difficulty. If,
however, he has an arrogant manner; if he gives the audience
to suppose that he despises them; above all, if he is reluctant to
answer questions, he will soon turn the most placid assembly
into an indignant and vociferous crowd.

But, with all this effort, only a small proportion of the
electorate will be reached; in very many constituencies less than
a tenth of the people go to meetings. Election workers are
agreed that contests are won or lost “on the doorstep”. From
the beginning of the campaign the candidate’s supporters go up
and down the streets, from house to house, asking the voters
where their sympathies lie. Little time is spent trying to convert
opponents; that must rather be done between elections. The
election canvasser’s duty is to locate the supporters of his party.
If some voters are doubtful, the canvasser will make a few points
briefly, and leave a leaflet; if some have special points on wWch
they wish to be reassured, a note will be made and the candidate
himself will call. Canvassing, like much political work, is
exhausting, and, despite a few amusing encounters, monotonous;
but it is a valuable factor in the preservation of a healthy political
life. The sensible candidate or party worker, who keeps his ears
and Ms mind open, learns from canvassing, as from no other source,
the wishes of the people. He will not, as a rule, be asked to state

THE ELECTION OF PARLIAMENT 189

the general principles and policy of his party* but to discuss
some problem in which the voter has a personal interest. “Why
is my rent so, high?” “When shall 1 be able to get .a job again? 5
“What sort of a chance in life does your policy offer to my
children? 35 “ My husband was Idled in the War; what can you
do to stop wars in the future? 33 A confident answer that every-
filing will be put right will not serve; the elector wants to know
what are the difficulties in the way and how far they can be'
overcome; in effect, does the would-be ALP. know the problems
of the people he proposes to represent, and can he discuss those
problems sensibly? If the candidate cannot pass this test he has
missed his vocation. The direct contact of canvassing can save
the politician from elaborating far-seeing plans which neglect
immediate issues; if the knowledge gained is properly used
the programmes of parties can be kept dose to reality.

Some electors shut the door on the canvasser as soon as they
learn that he is not of their party; but often even opponents
will listen or take a leaflet to read, saying that “It is nice to hear
both sides 33 . This remark is the stamp of a politically dvilised
person, and the frequency with which it is heard is a good
augury for the future of liberty in this country.

If the canvassers have time to complete their work, its fruit
is a copy of the Voting Register, in die agent’s hands, with a
full record of “Fors” “Againsts” and “Doubtfuls”. When
Foiling Day comes the organisation works to ensure that all
known supporters vote. Cars lent by friends are used to bring
in the infirm, the removals, and, toward the end of the day,
anyone who can be persuaded. The poll is open from 8 a.m. to
8 pun., or j a.m. to 9 p.m. if any candidate has asked for'such an
extension. Each of the polling stations is cared for by a Presiding
Officer and assistants, with a policeman in attendance. The
intending voter gives his name and address, and Ms right to vote
is checked from a copy of the Register. He is then given a voting
paper, retires to a booth to put a cross against the name of the
candidate'he supports, and thrusts the paper into the Ballot-box.

190 THE BRITISH APPROACH TO POLITICS

As he leaves the station, the party workers will ask Mm what
Ms number on the Register is; thus lists of those who have voted
are compiled, and sent to party Committee Rooms, where the
workers concentrate on sending messages to known supporters

who have not yet voted. The secrecy of the Ballot is rigidly
preserved; many voters announce their sympatMes openly, but
none is obliged to do so. A voter may refuse to answer a canvasser;
he may even promise to vote for Mr. Y., ride to the poll in the
car of one of Mr. Y’s friends and there vote for Mr. Z. and no
one will be the wiser. There is a number on Ms voting paper
but it is not the number against Ms name in the voting register.
That latter number (the “polling number”) will be pencilled by
the Presiding Officer on the counterfoil of Ms voting paper.
So a comparison of voting-papers, counterfoils and register
would reveal each voter’s choice; these documents, however,
are only brought together when it is proved that unqualified
people have secured votes by impersonating someone else,
and a legal scrutiny is demanded. University Constituencies,
where most voting is by post, still have an open Ballot, and the
voter signs Ms name on the Ballot Paper.

The candidate spends Polling Day touring the constituency,
encouraging Ms workers. When the poll has closed, interest
shifts to the Town Hall or other public building where the
votes are counted. TMs is done under the supervision of the
Returning Officer, wMle the candidate and the people whom'
he has appointed scrutineers, are alert to see that no mistakes
are made, and to argue about spoiled papers. A paper is spoilt
if the voter has put on it other marks than those legally required,
or has marked it so clumsily that Ms intention is not clear. The
final decision, whether a paper is spoilt, is made by the Returning
Officer or Ms deputy. If the first count shows only a small majority,
there will be recounts, till, in the early morning, the Returning
Officer declares the final result. Winners and losers make short
speeches to the crowd assembled outside, and the election is
complete,

THE ELECTION OF PARLIAMENT I9 1

Such, at least, is the campaign in an urban constituency. In
the countryside there is the same process, but the excitement,
however great, is not so obvious. There will be small meetings
in villages and long journeys for the candidate; the influence
of landlords and employers will be greater. The assembling of
votes for the count will take longer and the results usually
appear on the following afternoon. A wintertime election in the
North of Scotland is a grim task for the party worker, and the
elector cannot hope to see much of his candidate.

Since there is so much work to be done, much money is spent.
The law states that there may not be spent, on behalf of any
candidate, more than sd. per registered elector in Borough, or
yd. in county divisions. The agent has to submit accounts shortly
after the election to show that he has not exceeded this limit.
“Corrupt” practices— e.g., bribing or threatening voters, are
heavily penalised, and the less serious “illegal” practices, e.g.
hiring ' cars to carry voters, involve large fines and the
disqualification of the ‘offender from voting or standing at any
Election for a period of years. When a successful candidate is
believed to have broken the law his opponents may bring a
Petition, and the case is heard and decided by two judges.
Petitions, however, are rare, and successful Petitions still rarer.
The electoral laws, in which an agent needs to be expert, have
removed the most serious of the abuses which were common
in the 18th century; but the dice is still loaded in favour of
the wealthy candidate. Cars may not be hired; but those well
enough off to own them may lend. The total sum to be spent
is limited; but only a wealthy candidate or party can approach
the legal limit. More serious, the man who intends to be candidate
can, for years before the election, give freely to all the local
' charities, football clubs, outings and the like; so long as he calls
himself only prospective candidate, all this need find no place
in his election expenses. The central organisation of a party
may cover the whole country with posters; so long as they
recommend the party in general and not the particular candidates

l 92 THE BRITISH APPROACH TO ‘POLITICS

in each constituency, they ate not part of any candidate’s legal
expenses. .Some of these practices are inevitable; there are few
activities, political or non-political, in which the possession of
wealth does not give an advantage., The law might, however,
be made more effective by the reduction of the present high
limit of total expenditure. To-day, not only is the poorer party
at a disadvantage, but the non-party candidate 'is even, more
handicapped. Such “independent” candidates arc usually
people of means, or else well-known and liked in the district
and so able to command the services of many friends..

ELECTORS AND ELECTED.

Even the shrewdest observer can give no .certain answer to
the question. How do the electors make up their minds how to
vote? About one quarter of them do not vote at all. Some

are prevented by illness or absence; long hours of work
and great distance from the polling station may make voting
so difficult for some that only the most zealous of them will
attempt it. Some are too old to care very much; others, particu¬
larly the younger electors, are more interested in sports and
social activities. Some do not find themselves sufficiently in
sympathy with any candidate to wish to vote. There remain
those who, without any of these excuses, cannot be bothered
to think about politics and do not believe it will make much
difference however they might vote . 1 Those who do vote are
influenced by many factors. Some vote as their parents did,
though this is less common than formerly; sometimes a tradition
of voting one way spreads over a whole district. Some vote for
the canoidate they t hink will win; some vote against the
Government, whatever its nature, because life has not gone
well with them lately and they feel, rightly or wrongly, that
the Government is to blame. These -unthinking groups do not
form a large proportion -of the whole. There are the convinced

1 This is common in constituencies where one party regularly secures
a large majority. - J

THE ELECTION OF PARLIAMENT

193

party supporters, and finally the central mass who will attend to
a certain amount of propaganda, read their, newspapers, talk with
their neighbours, and then use their own judgment* The size and
variety of the electorate makes it impossible for the active politician
to predict. election results with certainty. He cannot afford to
ignore any method of approach since each may be successful
with some electors, and the uncertainty rouses in him an unjustified
exasperation, particularly if he is defeated. For the electors are
not foolish; 19th century opponents of votes for all declared
that the people would follow demagogues who promised a
new heaven and a new earth without regard for facts; but the
prophecy is unfulfilled. To judge from results, the elector in
post-War Britain likes best the party which seems to know
its own mind; which has a definite, if small programme, on
which it is united. Now this is by no means a bad criterion,
though it is insufficient. The commonest defects in the elector’s
judgment are two: first, he does not sufficiently consider what
the results of a given policy may be in eight or ten years 5 , rather
than two or three years 5 time; second, his better judgment can
be upset by the sudden introduction of some new issue. These
are exactly the weaknesses to be expected, when one considers that
the majority have their livings to get and their children to mind,
and cannot all be eager students of politics. The electors 5 judg¬
ments are liable to error; but it is the error of sensible folk with
limited opportunities for consideration, not the blundering of fools.

The House of Commons which emerges from the election,
contains, as has been shown, representatives of very many
walks of life. It also contains people of very different character.
A few, who have been attracted by the prestige of being an M.P.,
find the work more than they expected and take little part in
it; there is nothing in the law to oblige an M.P. to attend the
House at all, but the continual slacker is unlikely to be returned
again. Even his party supporters will feel insulted and look
round for a new candidate at the next election. The conscientious
M.P. has much to do; every day there will be letters from his

194 THE BRITISH APPROACH TO POLITICS

constituents asking for Ms advice about pensions, rents, unemploy¬
ment assistance—all the points at wMch the citizen comes into
contact with the law. If the Member is well-known and respected,

he may even be asked to reconcile husbands and wives. By
diligent attention to these individual requests he may win such
a hold on Ms constituents as will stand Mm in good stead even
when opinion is unfavourable to Ms party. When Parliament is
sitting, two or perhaps more mornings a week will be occupied
by committee work, and for the rest of the day the Member will
be either in the Chamber or elsewhere in the House at the
disposal of the WMps. At the week-end, and during the Parlia¬
mentary recesses, Ms constituents will expect to see him at
local functions and party meetings. The House is thus far less
of a club than formerly; membersMp of it has become very
nearly a full-time job, though many M.P.s still do some outside
work. TMs is possible for lawyers, journalists, company directors
and others who can, at need, vary the amount of work they do.
If the reform suggested in Chapter X were carried out the tendency
towards full-time employment in political work would be
strengthened. Payment of M.P.S is therefore essential if the
House is not to be composed predominantly of wealthy people.
A yearly salary of £400 was first granted in 1911; tMs was increased
in 1937 to £600 wMch was not unreasonable, in view of the
general rise in prices. The Member has also the privilege of free
railway travel between the House and Ms constituency; otherwise
the Member for Inverness would be at a hopeless disadvantage
compared with the Member for the Abbey Division of
Westminster. Once elected, the Member cannot resign Ms seat,
but if he accepts a salaried office from the Crown, other than a
position in the Ministry, he is automatically disqualified and
ceases to be a Member. Those who wish to resign, apply for the
office of Steward of the CMltem Hundreds, or of another Crown
estate, the Manor of Northstead. These posts involve no work,
and the newly appointed Steward, freed from the Commons,
resigns Ms StewardsMp next day. Vacancies also' occur when

THE ELECTION OF PARLIAMENT 195 .

Members die, or are created Peers, or appointed to judgeships,
and other public offices. The Whips of the party concerned,
or the Speaker, then see that a writ is issued ordering a by-election.
There may be a score of these each year, and they give Govern¬
ment and Opposition a useful indication of the movement of
opinion in the country.

In conclusion, it should be noticed that membership of the
Commons is an honourable and respected occupation. This fact
impresses American observers who contrast it with the general
attitude to politicians in their own country. The ancient traditions
of the Constitution and its connection with the Kingship shed
a certain dignity on everyone connected with Government.
The control of finance, and the character of the Civil Service,
mafrp it impossible for the politician to enrich himself out of
public funds. The acceptance of bribes from outside, and the
subtler forms of corruption cannot flourish, for the highly
organised party system makes it difficult for the Member to
sell his allegiance elsewhere. Above all, there is the knowledge
that the public will not greet an exposure of corruption, even
on a small scale, with a shrug of the shoulders, but with execration.
So, t h o ugh a few scoundrels have had Parliamentary careers,
there is no natural attraction of scoundrels into the House;
there are more profitable openings for them elsewhere. Nor
will the Tngn who wants a comfortable income find that Member¬
ship of the Commons is the easiest road. A high standard is
set by the conscientious Member whom his constituents can
call in the fullest sense “our Member”—the link between them
and their Government, the person through whom they can
exercise no small part of their rights as citizens.

BOOKS:

*MASTERMAN. How England is Governed.

HUMPHREYS. Practical Aspects of Electoral Reform.

CHAPTER XIII

PARTY GOVERNMENT

The Reason for a Party System
Capitalism and Socialism
The Conservative Party
The Labour Party
Right and Left
The Liberal Party
The Party System

,THE REASON FOR A PARTY SYSTEM.

The description of British Government so far given has
required frequent mention of political parties. The law does
not mention them; their nearest approach to official recognition
is in the rules for the formation of Committees of the House of
Commons. Yet without them the whole nature of the Constitution
would be changed, and many of its conventions would become
unworkable. The relations of Parliament to the Government
on the one hand, and to the people on the other, are governed
by the party system. The essence of this system is that people
who find themselves in agreement on major matters of policy
should unite in organised bodies to secure the return to Parlia¬
ment, and to other elected assemblies, of Members who will
work for an agreed policy; and that these Members, sinking
minor differences, should vote and act together. Party politics
are' based on two undeniable facts. First, that where men and
women are allowed to think freely, they disagree: they are bom
with different intellectual capacities; environment gives to
each his own experiences, prejudices and opportunities for
study. Their opinions are therefore based on varying amounts
of knowledge, mixed with various prejudices and applied with

iq6

PARTY GOVERNMENT

197

greater or less wisdom; so, in a free country, there will be more
than one party. Second, that no one. person can do all the work
of Government, nor can he hope to find many' who agree with
Mm on every topic; the individual’s only chance of influencing
the Government is to ally with those of similar opinions and
frame with them a policy representing the Mghest common
factor of agreement; so there will not be as many parties as
there are citizens.

Party politics, in one form or another, have invariably
accompanied liberty; yet they are one of the commonest objects
of criticism. On the one hand it is said that they divide the
nation; on the other, that they- mass individuals into groups
and stifle independent thought.. Examination of the form taken
by the party system in Great Britain will enable the validity, of
these criticisms to be tested.

CAPITALISM AND SOCIALISM.

It is first necessary to discuss the frequently used terms
Capitalism and Socialism. In the present Capitalist order of
society most of the land, factories and other equipment -for
the production of wealth are owned by private persons, using
their ownersMp to secure profit for themselves. These owners
form' a minority of the population; the majority live wholly or
mainly by their work; there is legal liberty for everyone .to work
as he pleases, to save and to acquire property. Defenders of
this system argue that the possibility of becoming better off
acts as a stimulus to hard work and thrift, so that the total of
wealth is increased; that since those who manage industry are
the owners of it they will do their best to see that it produces
what the public wants; for it is by such production that profits
• are made. Thus Capitalism might be said to take the powerful
desire, implanted in everyone, to do well for himself and Ms
family, and enlist it in the service of abundant and efficient
production. Supporters of Capitalism will admit that it often
falls short of its ideal; that the inheritance of property allows

198 THE BRITISH APPROACH TO POLITICS

some to be well off without effort and places incompetent
people in positions of power; but they will urge that these examples
are not sufficiently numerous to condemn the whole system.

At the other end of the scale* many people are born too poor
to have much chance in life; they cannot save a great deal* their
education is limited* the legal freedom to become rich* if they
can, has little significance for them. This is answered by pointing
to the achievements of Capitalism, particularly in the last
century, when it enormously increased the wealth of mankind;
out of this wealth it has been possible to provide public education
and many other services which help to remove social injustice.
Capitalism* in the view of its defenders* has rescued mankind
from the grinding poverty of the past, has raised the standard
of comfort* and provided increased opportunities to all; it can
continue to do this work by using the incentive of private gain.
The system which now produces wealth is highly complex;
would it not be thrown into disorder if it were taken out of
the hands of those who now own it* to be run by public officials?
Will it not be best to preserve the main features of Capitalism?
As wealth goes on increasing the social services will grow
likewise; so Capitalist society will become rich enough to afford
the remedies for its own defects; but if* in a premature attempt
to relieve poverty and injustice* the ownership of property and
the stimulus of private gain are tampered with* the production
of wealth will slow down and the reformers will defeat their
own ends.

Socialists advocate a form of society in which the equipment
for the production of wealth would be owned by the whole
people and controlled in accordance with an agreed plan; the
wealth itself would be more equally shared* and everyone would
have an equal opportunity to develop his talents. Instead of
two classes* owners and workers, there would be a classless
society in which all would be workers* and all* collectively*
owners. In reply to the arguments given above they claim that
the defects of Capitalism have been understated; that undeserved

PARTY GOVERNMENT

199

wealth and undeserved poverty are the' rale rather than the
exception. While admitting the growth of wealth under Capitalism
they point out that the proportions in which it is shared do not
greatly alter; the working man is better off than his grandfather
but feels himself poor in comparison with the more fortunate
members of the community to-day. They further contend that
the growth of wealth will not continue; that the pursuit of
private profit has led to monopolies and other schemes to restrict
production by which each group of capitalists hopes to win
something for itself. By this reasoning, private ownership is no
longer a stimulus but a hindrance to production. Meanwhile
the management of industry passes into the hands of salaried
employees; might not these serve the community at least as
willingly as they now serve private persons, the effect of whose
ownership is to prevent the abilities of managers and other
workers from being fully used? *Thu$, in the Socialist view,
the production of wealth becomes a disorderly scramble, the
fruits of which are restriction of production, unemployment,
slumps, and—when capitalists try to solve their difficulties by
acquiring and protecting overseas markets—wars. Does it
not therefore appear that Capitalism has done its work in showing
the possibilities of wealth production, but handles these possi¬
bilities so clumsily that it should now give place to a planned
Socialist Commonwealth?

Whichever of these views is 'correct, the merits of Capitalism
will be plainest to those now enjoying tolerable comfort, and
Socialism will appear especially desirable to those with the
closest experience of Capitalism’s defects. The argument becomes
not an academic discussion but a conflict between classes.
Consequently it is clouded with abuse. Socialists accusing
their opponents of callousness and ignorance of the lives of
the poor, and being in their turn attacked as unpractical dreamers
or discontented revolutionaries, anxious to share the wealth
that others have created. The reader, if he wishes to form his
own judgment, must pierce this cloud and endeavour to decide*

200 THE BRITISH APPROACH TO POLITICS

on the evidence presented "by world events, whether Capitalism
will destroy itself or whether its powers of recovery illustrated
after the War, will deliver mankind from present difficulties
and lead them to greater prosperity. The sensible person refrains
from calling his opponents fools; neither is he content with the
easy phrase, “There is much to be said on both sides”; having
examined the evidence he gives'his support resolutely to the
side which seems to him to have the better argument.

Against this background the party programmes can be set.

THE CONSERVATIVE PARTY.

This is the usual designation; the official name is Conservative

and Unionist Party.

Human beings often show an unwillingness to abandon
customs and ideas which they have respected for a long time.
This natural conservatism, praised by Edmund Burke in Ms
horror at the French Revolution, is claimed as one of the bases
for the Conservative Party’s philosophy. It appears particularly
as a love of traditional forms and solemn ceremonies, 50 that
Conservatives dislike criticism of old institutions such as the
Monarchy, and emphasise the duty of loyalty to the King and
to the State wMch he personifies. Since one of the cMef things
to be “conserved” to-day is the structure of Capitalism, the
great industrialists are joined to the old aristocracy in the
Conservative ranks. TMs union, encouraged by Peel in the second
quarter of the 19th century, was indeed the making of a Con¬
servative Party as distinct from the old Tory party of the landed
classes. The Tory element remains, forming the Right Wing
of the party; a few of these, called “Diehards”, are inclined to
regard all change with disfavour. Conservatism, however, means
.caution, or perhaps reluctance to change, not refusal; the majority
of Conservatives uyge that Capitalism must be justified not only
to the rich but to all classes; democracy should be preserved
and the social services extended. They point out that the great
Conservative Disraeli extended the francMse in 1867 and was

PARTY GOVERNMENT

201

especially interested in social services. Nor, in their view, must
support of Capitalism mean complete abandonment of industry to
private enterprise; the Government should keep watch and, where,
necessary, give assistance in such forms as tariffs, subsidies
and marketing organisations. Nationalist feeling and the influence
of industrialists combine to make the party favour the protection
of home industries by taxes on foreign goods, as a remedy for
unemployment. In the 20th century this proposal has taken
the form of Imperial Preference—i.e., permission for goods
from British territories overseas to be imported at specially
favourable terms—and extension of inter-imperial' trade. Such
was the policy advocated by Joseph Chamberlain without
success; since the War it has been revived and partially realised
in the Ottawa Agreements of 1932. The term “Unionist” meant
in the last century one 'who was opposed" to Home; Rule for
Ireland; a body of Liberals who left their own party on this
question were called Liberal Unionists but were later absorbed
in the Conservative Party; the name is now used to describe the
Conservative attitude to the Empire. This attitude makes the
party somewhat doubtful of international ideas; it is a Con¬
servative maxim that a strong British Empire is the best guarantee
for world peace. Conservative Governments have approved
Britain’s membership of the League of Nations, but they do not
consider that the immediate possibilities of preventing war by
League action are as great as other parties believe them to be.

The party draws its support from the rich and from those of
moderate incomes who feel that Socialism threatens their
security; also from the countryside, where tradition is stronger
than in the towns and the policy of restricting the import of
foreign foodstuffs is attractive. The policy of protection for
industry and the traditional association of the party with large
armaments wins it the support of some industrial workers. Since
the War the Conservatives have had a majority in the House of
Commons except for nine months in 1924, and the period between
June 1929 and November 1931; and even in the former period

202 ■ THE BRITISH APPROACH TO POLITICS

they were the largest party. TMs fact takes away most of the
force from the common criticism of political parties: “It’s all the
same whichever of them gets in”. There have been no great
changes in policy because the electorate has not expressed a
wish for them.

THE LABOUR PARTY,

The Labour Party is the political expression of a working-class ‘
movement which can be seen developing from the time when the
Industrial Revolution created large masses of. urban workers,
divorced from the occupation of land'or ownership of means of

production. This movement manifested itself in Trade Unions
and in Co-operative Societies, and in the great Chartist agitation
of the mid-i9th century, which demanded universal male suffrage.
But it was not until the franchise was extended in the late 19th
century that an effective political party could arise. The Labour •
Party was formed in 1900, and from that date has grown rapidly;
it emerged from the General Election of 1922 as the second largest
party.

Labour advocates a Socialist policy. Its progr amm e therefore
contains two groups of measures; the former are intended to
transform Britain from a Capitalist to a Socialist country, the

latter to deal with the immediate alleviation of poverty and
unemployment, for which the party consider Socialism the only
permanent remedy. In the former group are proposals to
socialise—i.e., to bring under the community’s ownership and
control—the land, the financial system, coal and power, and
transport. The organisation suggested for these, and for industries
later socialised provides for the workers in the industries to share
in their management, subject to the Government’s general plan....
of economic development. The latter group contains proposals
for increased Old Age Pensions, and education, raising of wages ■
and shortening of hours. Labour does not believe that the
Conservatives' can adequately extend the social services, because
of the limitations of Capitalism. Since its programme would

PARTY GOVERNMENT

203

involve much legislation, Labour propose? to speed up the
procedure of Parliament and to abolish the House of Lords.
In foreign affairs, also, there is a distinction between Labour’s
ultimate goal—a World Socialist Commonwealth—and the
immediate policy. The latter involves first, strengthening the
League of Nations so that the collective force of its members
could be used against a nation breaking the peace; then a
reduction of tariffs and other obstacles to trade which provoke
international ill-will: these measures, it is hoped, would so far
improve the situation that some measure of Disarmament would
be possible. The Imperial policy of the Conservatives appears to
Labour as an attempt to monopolise markets in a manner
dangerous to peace; Labour’s view of the' Empire is that self-
government should be extended as rapidly as possible to those
territories which do not enjoy it, and that territories, to which
this treatment cannot be aonlied should be cut under an inter-

204 the BRITISH APPROACH TO POLITICS

■ alliance with Labour returns a small group of “Labour and
Co-operative 55 M.P.s; in Parliament, these form one party with

Labour.

Labour has not yet had a majority in the Commons., but has
formed two Governments;, one in 1924 and another from 1929
to 19315 when it was the largest party in the House. During the
second period the great slump occurred and Labour had to
choose between introducing Socialist remedies at the risk of

, defeat in the House and trying to administer a Capitalist system
in which it did not believe. The latter course was taken and the
resulting difficulties caused the Prime Minister, Mr. Ramsay
MacDonald, to resign and form a Coalition with Conservatives,
some Liberals, and a few who followed him from the Labour
Party. \ These events were taken by some as proof of the need
for a clear Labour' majority to introduce Socialism, -by others
as proof of Labour's incompetence. The party suffered heavy
losses in the 1931 Election and in 1935 only secured 154 seats.

RIGHT AND LEFT.

These two parties face each other as the chief parties of the
Right and Left; that is, of reluctance, and enthusiasm for change,
respectively. It is a feature of Right parties that their members
hold together; as there is no intention of fundamental change
there is less matter for argument, and the Right naturally attracts,
in addition to keen and convinced supporters, those who, taking
life as they find it, do not think very much about politics. The
Left has to make its case for great change and, when it comes to
framing a detailed statement, disagreement arises; further, if the
Right has the addition of the unthinking, the Left draws those
who, for a variety of reasons, are dissatisfied with things as they
are. The Right is therefore liable to suffer from lack of vision,
the Left from an over-abundance of ideas, of very varying
usefulness, not easily arranged into an ordered programme.

To the left of Labour stands the small Communist Party which
secured the return' of one Member, Mr. Gallacher, in 1935.

• PARTY GOVERNMENT 20$

The Communists advocate Socialism but believe that the conflict
between classes is so acute that an attempt to introduce Socialism
by democratic methods would be met by the use of force on the
part of the rich. They therefore hold that an effective Socialist
movement must prepare to meet force by force, and to establish
a dictatorship of the working-class, until opposition is destroyed
and democracy can be restored. Labour seems to them not to
have understood the real nature of the class conflict, and they
consider many of its leaders ineffective. Recently, however, they
have sought affiliation to Labour; the proposal provoked con¬
siderable. dispute between the Right and Left Wings of Labour,
but was defeated, the majority holding that Labour could not
associate with a party which envisaged the use of dictatorship.

The Independent Labour Party was once affiliated to the Labour
Party but severed the connection after 1931. The party considers
Labour to. be insufficiently Left -and the Communist party to be
over-influenced by the wishes of the Government of the U.S.S.R.
There are four I.L.P. Members ' of Parliament, representing
divisions of Glasgow, where the party survives chiefly because
of the popularity' of its leader, Mr. Maxton.

THE LIBERAL PARTY.

Historically, the Liberals inherit the tradition of resistance to
arbitrary Government which animated the 17th and 18th century
Whigs. They were accordingly led to emphasise the authority of
the people, and during the 19th century there is a gradual change
from aristocratic Whig to democratic Liberal, working to secure
the extension of the franchise. As opponents of governmental
restraint they were attracted to laissez-faire^ and in the mid-19 th
century represented the trading and manufacturing, as against
the landed classes. The popular element in Liberalism, however,
has caused the party to advocate social reforms which conflicted
< with pure laissez-faire. Dislike of oppression has shown itself, at
different times, in Fox’s opposition to Burke over the French
Revolution, in Gladstone’s efforts to solve the Irish problem, in

206 THE BRITISH APPROACH TO POLITICS

the sympathy shown to nations straggling for freedom 3 and in
the desire to protect minorities.

To-day, Liberals consider that the Capitalist-Socialist issue is
not as important as is often supposed. The Conservatives* ■ fond¬
ness for aristocracy and for tariffs, and Labour’s plans for State
control all appear to Liberals as dangerous to the liberty of the
individual whiqh it is. the historic duty of liberals to preserve.
While rejecting Socialism they advocate considerable reforms in
Capitalism. They are prepared to socialise some industries if it
can be proved that this would increase efficiency, but do not
regard socialisation as essential for the proper arrangement of
society. The dividing line between public and private enterprise
has been shifted-in the past and can be shifted again; it is a
question of practicability and convenience, not of principle.
Prominent members of the party have made detailed studies of
industrial organisation in order to demonstrate the number of
improvements which could be made without raising the main
question at issue between Socialists and anti-Socialists. They
further consider that social services could be extended beyond
the limits which Conservatives think desirable, and they stress
the need for improved housing and education. To the Liberal
the Conservative appears too much under the influence of the
rich, and therefore unwilling to help the mass of the people,
while Labour is too much influenced by the Trade Unions, and
led by its Socialist theory to ignore the reforms which are
immediately practicable. liberals claim that they, avoiding these
defects, represent not a single class but the whole nation; not tied
to a theory they can consider every proposal on its merits. They
oppose the tariff policy of the Conservatives and on immediate
problems in the Imperial and foreign field take a view very
similar to that of Labour.

From 1906 till the outbreak of the War the Liberals ruled and
achieved a large measure of social reform, notably social insurance
and old age pensions, the memory of which still retains many
supporters. During the War, one section of the party, under Mr.

in future.

THE PARTY SYSTEM

' 208 THE BRITISH APPROACH TO POLITICS

the bulk of Labour’s funds coming from those Trade Unionists
who pay the “political levy” which makes them affiliated members
of the Party. Much work* however, is done without payment;
indeed, one of the admirable features of British politics is the
large number of men and women who will do hard, and some¬
times tedious work—canvassing, envelope-addressing, organising
social activities—week after week, for no other reason than that
they believe in their party’s principles.

Those who complain that parties divide the nation urge that
the ideal Government would combine the best men of all shades
of opinion; the process of finding the highest common factor of
agreement, by which parties themselves are made, would be
extended till all could act together. Thus the strife of parties
would vanish and citizens would work together in harmony for
the common good. The same sentiment sometimes expresses
itself more prosaically as a demand for “Business Government*’ :
the shareholders of a business do not arrange themselves in
parties; why should citizens do so? To this criticism, the party
programmes provide an answer; they are not lists of measures,
each of which can be considered apart from the rest. Socialism,
for example, may or may not be a practicable policy; what is
certainly not practicable is to distribute ■ wealth on Socialist
principles while the ownership of land and industry remain as
at present. The Conservative policy towards industries is based
on the assumption that private persons will continue to control
them. One who believes that private enterprise and private profit
are essential to progress, and one who believes them to be the
chief cause of our difficulties, cannot frame an agreed policy. An
appeal to the disputants to “put country before party” begs the
question, for each believes his policy to be the best for the
country, and the greater his zeal for his country, the greater his
anxiety to get that policy adopted. A Government formed from
men of all parties will be subject to constant disagreement within
itself; its policy will be vacillating, and, in the endeavour to
please everyone, will please no one. Coherent and effective policy

PARTY GOVERNMENT

209

can only come from a Government whose members are agreed
on main principles—that is to- say, who belong to one party.
The members of such a Government might be lost in mutual
admiration or encouraged by their majority to enact measures
gratifying to their most extreme supporters, were it not for the
constant criticism of the minority parties. The largest of these is
known as His Majesty’s Opposition, and the title indicates that
Opposition as well as Government has a function in the Con¬
stitution. That function is to criticise the Government, to keep it
from sloth and extremism and to put before the people an
alternative policy so that, if they are dissatisfied, they can, without
violent upheaval, change their Government at the next Election.
The Opposition should not oppose every Government proposal,
nor condemn the Government for not performing the impossible;
but, as party differences are based on fundamental disagreement,
there will not be many agreed topics. Since, in Britain, the people
are free to vote the other way next time, there is a powerful check
on merely factious obstruction-—the knowledge, in the minds of
the Opposition, that they may soon be the Government, and-will
have to justify their criticisms by doing better themselves.
Responsible Opposition, of the kind required in Britain, demands
considerable knowledge of facts and*the Leader of the Opposition
needs to maintain a kind of office, comparable to that of a Cabinet
Minister, though on a smaller scale. In 1937 this nfced was
recognised by the-provision of a salary of £2,000 a year. The
Leader of the Opposition does not thereby become a. servant of
the Government, but of the State and the people who compose it.
It might well be argued that this salary should become, like that
of a judge, a Consolidated Fund charge.

The demand for a Government which shall be £C above party”,
therefore, is often based on an imperfect understanding of facts.
Sometimes, however, it is more sinister. The party in power may
be unwilling to face criticism, and, relying on the majority in
the country which it has at the moment, may appeal to the people
in such terms as these: £C We have a great work to do; let us have

210 THE BRITISH APPROACH TO POLITICS

done with the strife of parties and get a single united people

business administration of the peoples property. Such is the
form of Government envisaged by the Socialist William Morris
in Ms News from Nowhere , and by Stalin for the U.S.S.R* under
its new Constitution. The U.S.S.R., however* has not yet ftxlly
realised either Socialism or democracy* and it is one of the most
disputed questions of politics whether a classless society can be
realised at all.

Coalitions between parties occur when great events cause the
people to think afresh and to discover that the old issues are out
of date. The War* and the post-War problems leading up to the
crisis of 1931 caused a fuller consideration of the Capitalism-
Socialism issue. Ofthe questions wMch had divided Conservatives
and Liberals—Ireland, the House of Lords, Free Trade, Soda!

PARTY GOVERNMENT 211

Insurance-some had been ■ settled, while others appeared as
aspects of the new problem. A series of Coalitions weakened the
Liberal' Party, and made Labour the chief opponent of the
Conservatives. Coalitions do not destroy the party system but
give a new alignment of parties in accord with the new problems
demanding solution.

The criticisms from the opposite angle, that party politics
suppress individuality in politicians, are more useful. Though
they do not constitute a complete case against the party system,
they draw attention to certain dangers of which the party
politician should be forewarned. First, the presence in the House
of Commons of a majority supporting the Government means
that ill-considered actions and unwise clauses in Bills can be
defended without argument, by the simple use of voting power.
The private Member bn the Government benches may admit to
himself that he does not like this piece of policy; that the
Opposition’s arguments are unanswerable; that his constituents
are quite justified in writing indignant letters. But what if the
Whips say, “The Government makes this a matter of confidence;
if it is defeated there will be an Election”? The Member, at the
worst, does not want to risk his own seat; more creditably, he
my feel that the Government’s policy is so much better than the
Opposition’s that he ought not to endanger it for the sake of
one point. The Government majority is particularly objectionable
to the Opposition when it is used to apply one of the forms of
Closure. Yet if the Government had not this weapon it could
not know from week to week, how long it would, be in power;
without the Closure it could plan no time-table of work, as the
Labour Government of 1929-31 discovered., Such inefficiency
of Government provokes contempt for Parliament and for free
discussion. The ordinary Members can make their voices heard
if they insist on frequent meetings of their Parliamentary Party,
where by discussion and vote the party’s immediate policy and
tactics can be determined; then the action enforced by the Whips
will be that which a majority of the party has approved. If the

212 THE BRITISH .APPROACH TO POLITICS

Members act thus .they are not the sheep to whom critics of
Party Government liken them; they are people who, faced with
the necessity of united action, impose the requisite discipline
upon themselves.

Secondly, the loyalty of party supporters may become a disease.
They hesitate to admit that-their party has ever made, or might
make, amistake,, lest opponents should seize on the admission
and magnify it: for the same reason they will not allow any merits
to their opponents. Should this disease become far advanced
politics degenerate into factiousness and the ordinary citizen
turns away in disgust. But the elector has the remedy in his own
hands: moderate attention to public affairs will show him that
no party is infallible, and, by his attitude at meetings and his
reception of canvassers, he can show that he does not care for
absurd partisanship. If the elector does this, the politician will
soon realise that frankness and reason are required.

Thirdly, there is a neglect of certain questions because they
are not party matters. Reform of the judicial system, marriage
laws, control of amusements, are oft-quoted examples. Inde¬
pendent Members who might raise these questions are few,
because it is difficult to fight an Election without the help of a
party organisation. Yet the presence of some Independents in
every Parliament shows that the British system is not wholly
defective in this respect. The very difficulty of their election
secures that, save for an occasional crank, they are people of
outstanding ability; but they are the tonic of Parliamentarism,

. not its daily food. If it were easier to be elected as an Independent,
the quality of Independent Members would decline and the same
defects would appear as in a Parliament composed of many small
parties; the Government would be unstable, and the Inde¬
pendents, conscious that they could not be called upon to foraf
a Government, would be irresponsible critics.

The Member has been described as the link between his
constituents and the Government; the local party organisation is
the link between the Member and his constituents. He cannot

PARTY GOVERNMENT

213

return, to them for instructions on every issue; while they;have 1 '
the right to state what general principles they approve, it is his
business to apply the principles to the day-to-day problems
arising in the House. The party programmes provide the general
statements of principle between which electors can choose. The
elector may complain that he does not folly agree with any party
programme. But no one can expect to have all Ms own way; it is
open to everyone-to join the party in which he finds most to
approve, and to take Ms share, with other party members, .in the
framing of policy.

'In summary, the party system has.the overwhelming merit of
permitting both, the- Government to be strong and criticism of it

to be vigorous; of allowing the majority to prevail and all sections
to be heard; of providing a peaceable method for change of
Government. While the defects or‘the system axe undeniable,
they can be lessened if the rank and file of party members become
students of policy and not mere partisans, and if the elector
equips himself with knowledge.

BOOKS:

^BALDWIN. Addresses on England.

„ CECIL. Conservatism.

attlee. The Labour Party in Perspective.

MUIR. The Liberal Way.

PIGOU. Capitalism v. Socialism.
strachey. Theory and Practice of Socialism.

CHAPTER XIV

GOVERNMENT BY THE PEOPLE

Democracy
Effects of Democracy
Growth of Fascism
Policy of Fascism
Communism

Fascism and Communism Contrasted
Conclusion ■

Now that the survey of Legislature and Central Executive is
complete, the essential nature of British Government' appears.
The source of the power wielded by the King and Ms Ministers
has been traced to Parliament and thence to the people Britain
is therefore classed among the democracies of the world, and
so distinguished from the Communist U.S.S.R., the great
Fascist States, Germany and Italy, and a number of smaller
States where various forms- of Government prevail which the
people cannot criticise or change at will. For the proper under¬
standing of British democracy, a digression of some length will
be necessary, comparing 'the democratic, Fascist and Communist
philosophies. What is the exact nature of democracy? Is it fully
realised in Britain? What explains the. recent rise of anti¬
democratic Governments and ideas?

DEMOCRACY.

There are five signs by wMch a democracy can be recognised.
First, that Ml adults should have an equal share in choosing the'
people who are to carry on the Government. The power of
the House of Lords and the unequal size of Parliamentary

GOVERNMENT BY THE PEOPLE 215

constituencies cause Britain to fall short of this ideal; but the
former is not a conclusive or permanent check to democracy and
the latter is such a defect as must creep in in course of time, and
can be removed. Seconds that a large number of citizens should take
part in the actual work of Government. If they do not do this
they will not so much govern themselves as choose between one
set of masters and another; they will be unacquainted with the
problems of Government, and their judgment of those who do
govern, being uninformed, wil be ineffective. The British
Cabinet and Parliament cannot contain more than a tiny fraction
of the citizens; but many more serve on local authorities and
acquire valuable experience. In voluntary associations—Trade
Unions, Co-operatives, Educational and Housing Associations,
and political parties, the citizen can learn how to make decisions,
adminster property and discover how some, at least, of the laws
of his country work, and help to get them changed. The combined
effect of these opportunities is considerable, and in this respect
Britain does well, in view of the fact that she is a great State
where the direct democracy of small Swiss cantons is impossible.
Third, the will of the majority, acting through the Government,
should be obeyed. Government by consent cannot mean that all
citizens should approve of all acts of Government, and if the
dissatisfied do not obey there will be no Government at all.
While, therefore, a democratic Government must not use force
as a substitute for consent, it has both a right and a duty to meet
any defiance of its authority with all the force at its command.
Fourth, the Government must allow all its subjects to criticise
its acts; it must give regular opportunities for the election of a
new Government, and freedom to all who wish to conduct
propaganda and build up organisations which have as their object
the peaceful conversion of opinion towards a change of Govern¬
ment. Minorities justifiably claim these rights in return for their
obedience: if the rights are not granted ,there is no way of
changing the Government peaceably, and, even if it represents
the people at first, there is no guarantee that it will continue to

216 . THE BRITISH APPROACH TO POLITICS

do so. It may well be, that Hitler’s Government is approved by a
majority of Germans, but, since it does not allow criticism, it is not
a democracy, nor can there be any fair test of its popularity. The
present working of the British Constitution satisfies both this point
and the preceding; it secures a Government which commands
obedience but submits itself periodically to the people’s judgment.
Fifths the economic and social structure must be such as to allow
the previous conditions to be realised in fact as they are stated
in law. The effect of economic and social factors on British politics
has been noticed. The educational system, the method of recruit¬
ment for the higher ranks of the Civil Service and the Armed
Forces,, the influence of money at elections, combine to put a
great proportion of power in the hands of a small section of the
people. This “ruling class” could not prevent the election of a
Government which would strike at their privileges, though they
could obstruct its policy. As, however, the electorate have not yet
made such a choice, the exact extent of economic checks to
democracy in Britain cannot be measured.

EFFECTS OF DEMOCRACY.

Democracy can be considered first as a method of Government
—the method of consent, majority rule and free discussion. But

the use of the ■ democratic method creates something else—a
democratic atmosphere; persuasion, argument, the power to
present a convincing case are esteemed more highly than a
display of force or the dictator’s ability to make impassioned
speeches where no one can heckle or contradict. This atmosphere
of discussion is the most important of all the characteristics of
democracy because it breeds among citizens respect, for one
another’s opinions. * 18th? century Britain, for all its restricted
franchise, had this mark of democracy. Government was in the
hands of a few, but they conducted it by discussion amongst
themselves in Parliament; and from this centre ideas and
argument spread to the unenfranchised. For this reason it was
the easier to extend the franchise in the 19th century; those who

GOVERNMENT BY THE PEOPLE 217

received the vote took up a task with which popular discussion
had already made them familiar.

The first merit of democracy is, accordingly. Its civilising
influence on those who practise it. The. habit of discussion,
developed in politics, extends to all activities; new ideas in
sciences and arts can receive examination. The dictator, who
cannot hand over power to another party if opinion changes,
must see to it that opinion does not change. If, like Hitler, he has
climbed to power by firing his people with the, idea of racial
purity and superiority to other nations, then any research into
anthropology which suggests that there is no such thing as
racial purity must be suppressed. If Government policy is based,
as in the U.S.S.R., on a particular view of human history, then
any discoveries about the past which cannot be fitted into that
view must be thrust aside. The issue between dictatorship and
democracy cannot be confined to politics; in' every sphere of
intellectual activity the question arises: “What is the purpose of
this activity? Is it to discover the truth or to find evidence in
support of the view already held by the Government? ” Accord¬
ingly, dictatorship stretches its control over art,. science and
religion. As men continually underfed lose appetite so nations
shut off from free thought lose the desire for it, and the dictator’s
task becomes easier and the rate of progress less. Such a tyranny,
if not assaulted from without, can,, like the Byzantine Empire,
last for centuries without adding anything to human happiness
or knowledge.

No Dictatorship, however, can alter'the truth. If, for example,
persecuting Jews does not make a nation better, the dictatorship
which practises it will sooner or later face a disillusioned people
who, having no other method of expression, must attempt revolt.
Dictatorships, lacking the check of criticism, are likely not only
to make mistakes, but to persist In them till they bring disaster.
Democracy not only allows entry to new ideas but enables them,
when they have convinced a majority, to inspire Government
policy. Peaceful change is thus the second merit of democracy.

2X8 THE BRITISH APPROACH TO POLITICS

But discussion cannot find the truth unless the disputants
have access to facts. In Britain, defenders and critics of the
Government can use statistics of undisputed accuracy concerning
trade, employment, taxation and the public welfare. If—and it
is -in Britain a fantastic supposition—the Government attempted
to intimidate a Civil Servant into falsifying the figures, he has
only to disclose the fact and the resulting scandal would defeat
the attempt. The servant of a dictator must, for the sake of his
employment or even his life, produce such statistics as Ms master
approves. Statistics can be misinterpreted or wrongly used in
any argument under any system; but while the statistics of a
democracy are in themselves reliable, those of a dictatorsMp
are not. TMs third merit, superior honesty, appears also in the
handling of money and appointments. Corruption and embezzle¬
ment of public funds together form an evil that has plagued
all Governments from time immemorial; it is denounced in the
Scriptures and those who practise it occupy a special place in
Dante’s Inferno. Aspirants to dictatorsMp, like the Belgian
Rexists, declare it to be the cMef feature of Parliamentary life;
the wMspered jokes with wMch a dictator’s subjects console
themselves, impute it to Ms officials. Democracy, however, has
an antidote, the Opposition, to whom the discovery of bribery or
false accounts will be a powerful weapon. DictatorsMp can
always prevent open scandal by getting rid of those who ask
awkward questions*.or by veiling its finances in secret; but for
tMs very reason, once corruption enters it is less easily rooted
out. The immediate cause of the overthrow of the German
democracy was the desire of Prussian landowners to prevent the
exposure of their embezzlements.

Financial dishonesty is usually committed by underlings; it
does not appear to be common among the cMef statesmen of
democracies nor among dictators themselves, who seek power
rather than luxury. But every dictator must appoint subordinates
who know that personal loyalty will cover a multitude of sins;
the local boss, who can reply to critics by .accusing them of

GOVERNMENT BY THE PEOPLE * 219

treason, is a common feature of dictatorships. In this connection
France is an interesting example: the administrative system still
bears the stamp of the Napoleonic dictatorship, and its officials
have large and insufficiently supervised, powers of patronage.
The corruption which this breeds is exposed in periodic
scandals because the main structure of the Government is
democratic.

For the party in power in a democracy to give jobs to its own
supporters, in return for their loyalty, is corruption. In dictator¬
ships it is an invariable and inevitable practice; for no position
of importance can be entrusted to one whose faith in the ruling
party is not absolute. Impartiality in the Civil Service is not
enough ; a judge who tries accused persons according to the
evidence rather than to the wishes of the Government, will mot
serve. The ruling party is assumed to be the State itself and the
first qualification for any branch of public service is not com¬
petence and honesty, but the profession of a particular set - of
political opinions. The process is known in Germany -as
Gleichschaltung , unifying the State: so this form of corruption is
not removed by a dictatorship but re-christened.

By no means aH democracies are as free from corruption as
Britain; her unusually high standard is due to two facts: first,
that the financial system is the product of a struggle for Parlia¬
mentary Government; second, that the 19th century enfranchise¬
ment of the middle classes strengthened the demand for econ¬
omical administration. Where the evolution of Government has
been different the results have not always" been so satisfactory.
But the general conclusion remains; while all Governments are
liable to corruption, democracies possess weapons for fighting
it which axe denied to dictatorships. Corruption is wide¬
spread in U.S.A. politics; but the democratic weapons have, in
some districts, been successfully used against it. In Germany,
the absence of opposition enables some officials of the Nazi
Party to use their position to enrich themselves.

The fourth merit of a democracy can be more easily observed

220 THE BRITISH APPROACH TO POLITICS

in practice than defined in words. It springs from the fact that

democratic Governments, unlike dictatorships, have a moral
claim on the allegiance of their subjects. To the eternal question
of politics, “Why should I obey?” the democratic Government
can reply, “Because we are your Government; we. cannot please
everyone, but we please the majority; if we do not please you,
you can set to work to alter the majority’s opinion; in the mean¬
time you should obey us, unless you make the claim that your
wishes are more important than those of anyone else—a cMm
which you cannot expect other people to admit”. The dictator’s
answer is not based on argument, but on assertion, “Obedience
to me is the duty of a citizen; the Leader knows best; if you do
hot agree, you are no true citizen”. This attitude is well illustrated
by Hitler’s demand, at the 1937 Nazi Party Congress, for “blind
obedience”. The necessary blindness can' be secured by control
of Press, wireless and every method of communication. Since a
democracy is not obliged to deprive its people of the use of their
faculties, the relations between Government and people, and
between one citizen and another, are happier. They can argue
without fighting; there is no need of spies or censorship. The
higher civilisation of a democracy is manifested, not only in
the intellectual sphere but in the friendliness of everyday
relations.

GROWTH OF FASCISM.

Yet democracy has not been the commonest form of Govern¬
ment. Government is older than reason, and it is only as reason

^ applied to politics that the merits of democracy appear. In the
19th century it spread rapidly, the Parliamentary system of Great

Britain being widely used as a model. The War was won by
democratic powers, and by 1919 the forms of democracy were
established in all European countries except Russia. But before
lon| these forms had -been rendered meaningless in several of
the smaller States, where military; leaders had seized power,
often, with the help of the old ruling class. In 1922 Mussolini

GOVERNMENT BY THE PEOPLE 221

came to, power in Italy and erected the Fascist 1 form of Govern¬
ment which both destroyed democracy in fact and openly
challenged its' principles. The very similar “National-Socialism”
of Hitler received great impetus in the slump years of 1930-323
and obtained power in 1933.

Fascism "arises from distress and disappointment. The Italians
found that they had gained little from being on the winning side
in the War; the Germans* that the democratic Republic estab¬
lished in 1918 had not succeeded in throwing' off the bonds of
the Treaty of Versailles* nor in solving the economic problems of
the slump. When such situations arise* and many sections—
wage-earners* middle-class, ex-soldiers—face unemployment and
poverty* the policy of the Government must be drastic* and show
evidence of a determination to deal rapidly and boldly with the
difficulties. But while all are agreed that policy must be drastic*
there is disagreement about its direction. Some demand a rapid
transition to Socialism* others a reduction of taxes on large
incomes* others the expulsion of Jews, or the exclusion of women'
from every employment outside the home. Everyone has a
grievance which affects him personally* and sees in its removal
the cure for the nation’s ills., The conflict of parties becomes
keener* violence is used* and here democracy is put to its test.
The right and duty of a democratic Government to suppress
disorder has been noticed; in times of stress it is justified in
adopting measures* such as the prohibition of provocative
displays of party strength* which in normal times would be
unnecessary. Italy and Germany* in common with many other
countries* had but sight experience of democracy* and the
democratic respect for the Ives and opinions of other citizens
had not developed. Germany had adopted a Constitution which
contained two opposing defects: under its usual working the

1 The word Pasdo (group or bundle) was the name used by groups of
Mussolini’s followers when he was striving for power. It refers also to
the fasces carried by lictors attending on magistrates in Ancient Rome—
bundles of rods encircling an axe. They symbolised Roman unity and
power and served the practical purposes of punishment and execution.

222 THE BRITISH APPROACH TO POLITICS

Government, hampered by a multiplicity of parties, could not
act with speed and decision; when, as a remedy, special powers
were invoked, the Executive dwarfed the rest of the Constitution

and made the-democratic rights of the people meaningless.

Everywhere, the War had familiarised the use of violence. Out
of the confusion the Fascists emerged victorious; they perceived,
before others, that victory would go to those most prepared to
use force; their propaganda won support by heaping everyone’s
discontents together and blaming them on “the system”—a
vague term, generally denoting. the Parliamentary method of
Government, and, in Germany, associated with the Jews. The
Fascists also received financial help from the wealthy, who
judged them to be a bulwark against Socialism.

Thus the world learnt, not that democracy was unworkable- 1 -
for it weathered the storm in Western Europe and Czecho¬
slovakia—but that it could not be secured "" simply by laying
down a democratic Constitution in law. The principle that the
Government alone may use force, and then only to preserve the
law, must be respected; the system of parties must permit the
rise, when great problems threaten, of a Government able to act
decisively; control by the people must mean choice and criticism
of the Government, not preventing it from doing its- work. It is
when these conditions are not fulfilled that the cry for order
becomes irresistible and the claims of liberty are forgotten. The
chief count on which Fascists indict democracy is that freedom
means obstruction, delay and chaos. That this is not true of
democracy as a whole is proved by its persistence both in Britain
and elsewhere; but the charge is true enough where the forms .
of democracy ■ are introduced without consideration of the
conditions of its survival.

POLICY OF FASCISM.

Fascism had shown that it could seize power; the next task
was to form its policy and try to solve the problems which had
baffled democratic Governments. The first idea in Fascism is

GOVERNMENT BY THE PEOPLE 22$

that of the Leader; against the emphasis laid by Socialists on the
influence of economic forces and classes, Fascism stresses the
idea of the “hero”, the great man who moulds history. All
authority springs from the Leader; he may claim to represent

the people’s will, and when he first comes to power this may be
true; but he does not allow it to be put to the test. Mussolini has
held occasional elections and Hitler has submitted some of his
actions to the judgment of a plebiscite. This device, however, is
only advertisement: those who might wish to vote NO cannot
conduct propaganda; the duty of voting YES is plainly intimated;
and no one supposes that a majority against the dictator would
lead to his resignation. The voter has only a choice between the
dictator and nothing. The dictator receives a huge majority to
which no one outside his jurisdiction attaches importance. The
complete and irresponsible power of the dictator should be
remembered, because the claim is sometimes made that he
represents the people far more truly than any democratic Govern¬
ment; but the only way to test this assertion is to allow free
discussion, which dictatorship repudiates. Mussolini, Hitler, and
a British Cabinet with a Parliamentary majority, all wield
enormous powers; but only the last allows the people to pronounce
considered judgment. Fascists claim that the “Leadership
Principle” secures that Government is carried on by those best
fitted for it. Whereas, in a democracy, persons may rise to power
by the use of those arts which charm a meeting and win votes,
the Leader, can select on grounds of ability. It is assumed that the
Leader will not be moved by flattery and that his judgment will
be right; yet Leaders rise to power by demagogy, and in the
speeches which they and their subordinates make, flattery and
emotional assertion take the place of argument. Passion, deter¬
mination, ruthlessness, and a keen eye for the opponent’s weak¬
nesses are the qualities which the Fascist Leader must possess:
administrative ability and wide knowledge, though desirable,
and certainly present in Mussolini, are not essential.

This exaltation of an individual causes Fascism to take different

224 THE BRITISH APPROACH TO POLITICS

forms according to the personality of the Dictator; but certain
common elements can be discerned. The plan of ^ Corporate
State is used;.employers and employed in each industry are
grouped together and elect such representatives as the ruling
party approves* Thus Capital and Labour are brought under the
dictator’s control. To the former a policy of “controlled
Capitalism” is applied. Private persons still own industry and
draw profits, but they may be required to invest all but a fixed
percentage in the ways required by the' Government. Intro¬
duction of new machinery, control of staff, hours and wages are
also liable to State regulation: strikes and lock-outs are equally
forbidden. In Germany the drive for re-armament has caused
this control to be extended further than in other Fascist States.
The worker also lives a regulated life; the social services,
particularly those relating to the family, are the object of special
attention; leisure time activity is organised; compulsory work in
labour camps is adopted as a remedy for unemployment.

Discipline is thus the watchword of Fascism. Ruling the
masses is the privilege of those who enjoy the dictator’s approval
and confidence. Prominent among these are the great industrialists,
so that Fascism is properly regarded as a form of Capitalism,
though very different from the “Liberal Capitalism” of Britain.
Now discipline is not an end in itself; there must be some
purpose for which it is imposed. This leads to the last element
in Fascism, in the light of which all the others must be under¬
stood. The purpose of the national discipline is the glory of the
State. To democrats the State is an organisation in which
-individuals take part, using it. to promote their own and one
another’s happiness.. To Fascists the State is, in Mussolini’s
words, a “spiritual entity”; it does not exist for individuals,
but they for it. Further, the State is a National State, independent
of other nations and seeking its glory sometimes at their expense.
While Mussolini and Hitler have frequently stated that they
do not desire to disturb' the peace at this or that particular
juncture, both maintain that war is in itself desirable, and

GOVERNMENT BY THE PEOPLE 225

beneficial to mankind. This doctrine Suits the needs of Fascist
States. Italy has a comparatively s mall Empire, Germany has
none; the doctrine of expansion by war follows naturally. The
glory of the State expresses itself in great public works for the
relief of unemployment, and where these are not
armament programmes supply the deficiency. The worship of
the State finds practical expression in an attempt to mafe-p the
nation economically self-sufficient; the advantages of international
trade are abandoned in the interest of military security. The
people give up their liberty and sacrifice their standard of life
and receive glory in return. The chief cause of Hitler’s enormous
popularity is that he has made Germany a nation to be feared.
Democracy has here another lesson to learn. If the States of
the world insist on complete Sovereignty and recognise no law
but their own wishes, then they accept the idea of violence.
Those States which are, at any given time, victorious, may like
to forget this; but the defeated and disappointed, seeing that
violence can prevail, pursue it and make it the t illing principle
of their Governments. Democracy and the civilised way of life
which it creates can continue only if international law is mad*
a reality.

Fascist ideas'have spread outside Italy and Germany. They
flourish most where economic problems are acute and Constitu¬
tions are so planned as to reduce Government to impotence in
the name of liberty. It is not surprising that Fascism has mnHf
small progress in Britain: the standard of life, though far from
satisfactory, is among the highest in the world; the rlattri that
British democracy means impotence and chaos is demonstrably
untrue; the British having been a powerful and united nation for
centuries, take their greatness for granted and are less impressed
by the appeal for glory. The British Union of Fascists conducts
much propaganda but has not yet fcontested any Parliamentary
seats; the item in its policy which Ms Md most effect on public
life is hostility to the Jews. There! were unsuccessful Fascist
candidatures at the 1937 London County Council and Metro-

226

THE BRITISH APPROACH TO POLITICS

politan Borough Council Elections in divisions of East London
where the Jewish problem is acute. A great slump* a stupid
Government • and the emergence of a leader with Hitler’s or
Mussolini’s ability to take advantage of the situation—should
these three coincide at some future time* Fascism could flourish
in Britain.

COMMUNISM.

While Fascism grew in Central Europe* Communism increased
its strength in Russia. In 1917 the corrupt Government of the Tsar
fell. Kerensky* who succeeded to power* considered the intro¬
duction of the forms of democracy* but made the mistake of
continuing Russia’s participation in the Great War. The Russian*
tired of fighting with inadequate equipment for a cause in which
he did not believe* wanted peace and the expropriation of
landlords. The Bolsheviks* 1 led by Lenin* secured power in
November* 1917* by promising these things* and maintained it
by achieving them. The struggle for power* in which the anti-
Bolsheviks were helped by foreign expeditionary forces, left
Russia in chaos and poverty. Out of this the victorious Communists
proceeded to build a Socialist State. The need to ■ conciliate
merchants and wealthier peasants led Lenin in 1923 to adopt
a New Economic Policy which* while preserving the main
structure of Socialism* allowed some scope for private profit.
This policy was not intended to be permanent* and under the
guidance of Stalin* who rose to power after Lenin’s death in
1924* the extent of private enterprise was much reduced* and
from 1928 onwards a Socialist economic policy was embodied
in a series of Five Year Plans.

The general doctrines of Socialism have already been explained.
Co mmu nists base their faith in Socialism on the Materialist

1 The word means Majority Party. It was adopted in 1903 when the
Russian Social-Democratic Party split into two sections, Bolshevik and

Menshevik (Minority). The former insisted that the right policy was to
form a highly-organised Party to seize power when Tsarism should
collapse. The name Bolshevik is not widely used in Russia to-day, the
ruling party calling itself the Comiminist Party of the Soviet Union.

GOVERNMENT BY THE PEOPLE 22J

Conception of History, expounded by Karl Marx. According
to this view, the fundamental fact in human history is the series
.of conflicts for ownership of the means of production. As new
methods of production have been invented, new classes have
risen to power and altered the form of society both for their
own advantage and so that the new methods can be used to the
full. Merchants and industrialists have overthrown feudal
landlords; it now remains for the proletariat, the class of property¬
less workers, to overthrow the capitalist. Communists claim that
the development of science, art, and all human activities, can
only be fully understood as aspects of the class struggle; that
the struggle has always been violent in the past, and the
proletariat will therefore have to use force and establish a
dictatorship in order to destroy the power of the class which it
has supplanted. In the U.S.S.R. this dictatorship is exercised
by the Communist Party through the Soviets—councils elected
for every village and town and for the whole Union. No party
but the Communist Party may exist; the citizen who wishes to
join it must accept and understand Communist teaching and
be approved by those who are already members. The presence
of party members at every strategic point, controlling the armed
forces, industry, agriculture and trade, ensures that the policy
chosen by the party prevails. Within the party, Stalin, as General
Secretary, wields enormous influence: although the exaltation
of one man is not part of Communist doctrine, in^ractice Stalin’s
power is probably no less than Mussolini’s or Hitler’s.

FASCISM AND COMMUNISM CONTRASTED.

Fascism and Communism are thus both dictatorships, and
the arguments advanced against dictatorship may be applied
to both systems. They present, however, important points of
difference. Fascism maintains private ownership of the sources
of wealth, and private profit; Communism does not. Fascism
envisages a State composed of different classes, held together
by the spirit of national unity; Communism plans a classless

228 THE BRITISH APPROACH TO POLITICS

society. To the Fascist the National State is the supreme political

unit* maintaining its virility by rivalry with other such States;
to the Communist the real division of mankind is not into
nations but into classes, and he expects the classless society,
which is to end this division, to become international and
world-wide. Fascists and Communists alike show unbounded
enthusiasm; but the former is inspired by, faith in his Leader
and his State, the latter by conviction that the victory of his
cause is a historical necessity. Finally, Fascism accepts dictator¬
ship as a permanent form of Government; Communism thinks
it a temporary expedient while the new order is being established.
Communists push this claim further; they hold that a Capitalist
democracy, such as prevails in Britain, is but the shadow of
real democracy, because of the inequalities of wealth, power
and. opportunity between citizens; and that they, by removing
these inequalities, are not destroying democracy but creating it.

If indeed the dictatorship be only temporary, the difference
between Communism and democracy would be much less;
for democracies can, without abandoning their principles, give
■ the Government supreme power for a time, when it has to face
foreign or civil war, or both, as Russia faced them after 1917.
What signs, then, are there that the dictatorship in the U.S.S.R.
is disappearing? Certainly, a Constitution has been established,
providing for universal and secret voting, and, in Stalin’s phrase,
“whatever is best in western democracies' 5 ;, discussion of some
questions—e.g., the efficiency of this or that factory, or the
marriage laws—is allowed and encouraged. But the great question
‘Is Socialism a good system? 55 may not, be discussed. The policy
of the Co m m un ist Party is rigidly enforced; against its opponents
are arrayed the secret police and the penalties of exile and death;

“The same arts that did gain
A'power, must it maintain.”

Any Government which deals with its opponents by killing
them turns the friends and relatives of its victims into implacable

GOVERNMENT BY THE PEOPLE 229

enemies* and, for its own safety* most continue on the path of
violence. The facts themselves will decide the future of the

U.S.S.R. If Socialism proves superior to Capitalism* the progress
to democracy is assured; if Socialism proves unworkable and the
standard of life fells* then the Soviet Government must counteract
disaffection by increasing the rigour of tyranny.

Meanwhile the mutual hostility of Communism and Fascism
brings out the worst features in both. Throughout Europe and
beyond* both spring from the same causes—economic distress
and Governmental incompetence. If the economic policy of one
is right* the other is doomed to fail. Each can attribute its own
misfortunes to the wickedness of its rival’s spies and agents.
Each accuses the other of preparing war and declares itself
obliged to arm in its own defence; and military necessity becomes
the pretext for tyranny.

CONCLUSION.

The instinct of many people in Britain is to dismiss both
Communism and Fascism as excesses to which foreigners are
prone* but from which the British* and such foreigners as have
the good fortune to resemble th^m most closely* are delivered
by the excellence of their Constitution and inherent love of
moderate views. This judgment is incomplete; the British
Constitution is admirable but not perfect* and its chief excellence
is that it permits itself to be changed; if it is worshipped in silence
and not subjected to study* use and adaptation* it loses its
virtue. The moderation of British politics is not an unchangeable
law of Nature but the . product of comparative prosperity. The
policies of the dictatorships* particularly' their military prepara¬
tions and restrictions of trade, make the economic and political
problems of the whole world more difficult. Peoples* therefore,
who wish to keep the democratic form of Government must
increase their study of these problems; whatever is merely
obstructive in the Constitution must be pruned away; the causes
of social injustice must be removed. For these tasks* the people

230 ' THE BRITISH APPROACH TO POLITICS

must equip themselves with an education which, intellectually,
aids sound judgment, and, morally, promotes an interest in and
respect for one’s fellow-citizens.

Nothing in the record of dictatorship shakes the claim of
democracy to be the system which is least liable to abuse, most
capable of adaptation to new needs, most stimulating to know¬
ledge, most favourable to happiness. These advantages, however,
are to be enjoyed only by those who have-the courage and energy
to undertake the task of governing themselves. For those to whom
this effort seems too much, the rods and the axe are more
appropriate.

BOOKS:

*BASSETT. Essentials of Parliamentary Democracy.

*SIR ERNEST simon and others. Constructive Democracy.
w. s. AND B. webb. Soviet' Communism.

Lyons. Assignment in Utopia.

Mussolini. Political and Social Doctrines of Fascism.
hitler. My Struggle.

MOWRER. Germany, puts the Clock hack.

ASHTON. The Fascist: his State and Mind.
salvemini. Under the Axe of Fascism.

(Edited* Emile Bums). Handbook of Marxism.

PART III

THE JUDICATURE

CHAPTER XV

LAW AND THE COURTS

Kinds of Law

The Magistrates® Court: Summary Jurisdiction

Quarter Sessions

County Court

Coroners’ Courts

The High Court of Justice

Procedure in the High Court

Appeals

■ The previous part of this book ended with' the defence of
democracy. The maintenance of democracy must depend i$ a
large measure on the just and efficient working of the courts of

law. It is to the actions of these courts that the people look for
the restraint of those who interfere with the rights of their fellow
citizens. The courts by declaring and applying the law make
its provisions known to the people so that they are subject not to
the, will of an arbitrary Government, but to a known and accepted
set of rules. Finally it is an essential of freedom that the force
necessary for Government should be subordinate to law; but the
law itself is only a set of rules; it can have effect only through
the persons who are set in authority in the courts. The purpose,
then, of this chapter and the next is to examine the constitution
and working of these courts.

KINDS OF LAW.

There are in England 1 three main kinds of law: Common

. 1 The law of Scotland differs both in principles and procedure: This
chapter deals with English Law only.

Q 231

2J2 THE BRITISH APPROACH TO POtITICS

Law, arising from ancient'custom. Statute Law composed from
Acts of Parliament, and Equity, whose origins will be described
later. The King's judges of Norman and Plantagenet times
found that the people expected justice to conform to certain

traditions which varied from one part of the country to another;
it was the judges' task to build out of these traditions a system
of rules which would be common to the whole country. This
Common Law is nowhere written down as Acts of Parliament
are; but in the course of years a vast number of cases have been
settled, according to the principles of Common Law, and the
judges' decisions are recorded; from these decisions the Common
Law may be deduced and applied to future cases. Further,
Acts of Parliament do not always succeed in saying clearly what
they mean; and in doubtful cases the Courts must decide the
meaning of the Act as best they can. He who wishes, therefore,
to understand English Law must know not only the Statutes
and the Common Law, but the decisions given in “Leading
Cases". So it is sometimes said that there is another type of
law, “judge-made law", though lawyers insist that they do not
make the law, but only declare and explain it. Yet the phrase
“judge-made law" is not wholly misleading; it is an invariable
rule that a decision given by a judge as to what the Common Law
is or what the Statutes mean, shall be accepted as a rule to be
applied in all similar cases, until it is set aside by a judge of a
higher court, or until a new Act of Parliament settles the matter
beyond doubt. Thus in 1901 the Law Lords, in accordance
with an established legal principle, decided in the TaiF Vale case
that a Trade Union could be compelled to pay damages out
of its funds for unlawful acts committed by some of its servants
even though it had strenuously opposed such acts. Few people
had realised that the Statutes about Trade Unionism would have
this effect; certainly Parliament had not so intended. The highest

court in the land, however, had decided, and their decision was,.

in feet, part of the.law until in 1906 Parliament, by the Trade
Disputes Act, expressed its meaning clearly. It should be noticed

LAW AND THE COURTS 233

that the courts do not concern themselves with what Parliament
meant to say; they look simply at the words of the Statute, and
interpret them in the light of common sense and previous legal

decisions. The advantage claimed for this system is that it keeps the
courts to their own rules, free from controversies as to what this or
that political party in power had in mind. If some of the results
are unexpected, that, from the courts’ point of view, is a lesson
to Parliament to express itself more clearly. The courts can also
claim that they are helping to enforce the Sovereignty of
Parliament; for by interpreting what the Act says, whether It
says it ill or well, they create a situation in which anomalies can
be rectified only by Acts of Parliament. For the Statute Law has
the final voice; whatever the Common Law, or past Statutes, or
decisions based on them, may have prescribed, that can be altered
by a new Statute. By this supremacy of Statutes, English Law,
thoughr springing from different sources, is fashioned into one
system to be administered by all the courts.

. Statutes have exceptional importance because they are the
part of the law through which changes can be made. The rules
of Common Law and of Equity were fashioned by a propertied
class and have left the mark of their origin on the whole legal
system. It is by the enactment of new Statutes, and the repealing
of old, that the law can be changed from an instrument of class
rule into the common protection of the whole people.

The division into Statute and Common Law is historical. 9
Two other classifications are required before the arrangement
of courts can be properly understood. First, thert is the division
into civil and criminal law. All breaches of the law involve injury
or danger of injury to certain individuals; indeed if £n action
did not involve this, there would be no need to make it illegal.
In some instances this injury to individuals is the total of the
offence. If I write in a newspaper that so-and-so is unfit for the
position he holds, I have done him an injury, he will bring a civil
action against me for libel, and I may have to pay damages to
him; the law considers that when this has been done his rights

234 THE BRITISH APPROACH TO POLITICS

are sufficiently protected. 1 But if I steal his money, the law
considers that I have done something which sets a dangerous
example; by challenging the right of property, I have injured
not only so-and-so, but everyone. I shall be subjected to a
criminal prosecution; the money, if it can be found, will be
returned to its owner, but the State, representing everybody,
will inflict a further penalty. Apparently the law, unlike Shakes¬
peare, regards stealing a purse as more serious than filching a w
good name; it^cts on the assumption that more people are likely
to be tempted by example to larceny than to libel. Injuries,
therefore, become crimes when they are of such character as to
make probable a general disregard of other people’s rights,
and the outraged party is not merely the immediate victim, but
the State itself. Some crimes have no immediate victim; the man
who disregards the traffic lights may be lucky enough not to
injure anyone directly, but his action is criminal because it might
easily have caused injury.

Secondly, both civil and criminal matters can be conveniently
divided into those of greater and less importance, which are dealt
with by the higher and lower courts respectively.

•THE MAGISTRATES’ COURT-—SUMMARY ' JURISDICTION.

The handling of lesser criminal offences rests to a large extent
with the magistrates called Justices of the Peace. This office Is
over six hundred years old, and until the 19th century
the Justices were responsible, not only for their judicial tasks,
but for much of the* work now performed by local authorities.
They are appointed by the Lord Chancellor 2 on the recom¬
mendation of the Lord Lieutenants of the counties; the latter,
however, are guided by the local.Advisory Committees, which,
under the Lord Chancellor are the real appointers ’ of J.P.s.
The local political party organisations are represented on the
committees, and an attempt is made to maintain some proportion

I l n ceitain rircumstances- libel can be criminal.
In Lancashire by the Chancellor of the Duchy.

See Ch. XVI.
See Ch. IV .

LAW AND THE COURTS

235

between the number of J.P.s from each party. This method is

not altogether satisfactory, as an able man may be excluded
solely because his party already has its quota. Anyone who is of
age may be appointed, but it is understood that the Committees
shall only recommend people of ability and high character, and
usually with some experience of public work. Justices are unpaid,
and can only be removed from their office if they show themselves
to be seriously unfit. England has* thus an amateur magistracy,
and for centuries this meant that each district of England was
ru|ed by its little oligarchy of squires, who might or might not be
conscientious; in the countryside their rigorous enforcement of
the laws against poaching was the subject of many attacks.
Although there is no longer any property qualification, it is
difficult to find working-class men and women who can give the
time to the work, and there are complaints that the old oligarchy
persists in some districts. The quality of magistrates' justice
varies so much, that it would be easy to quote examples both to
the credit and discredit of the system; there are the patient and
conscientious, and, at the other extreme, the lazy and ignorant,
who leave most of the work to their Clerks. Many Justices aspire
to their position simply for the dignity of it, and never sit in
judgment at all. Among proposals for the reform of the magistracy
are that Justices who do not act should be retired, and that all
should give some evidence of legal knowledge before appointment.
The merits of an amateur magistracy are that it is cheap and that
it can give power to people whose everyday work, more than that
of a professional lawyer, puts them in touch with the lives of
those among whom they have to administer justice. Its defects
appear when the volume of work grows, and it is usual in towns
of over 25,000 inhabitants for a Stipendiary, he., paid magistrate,
a lawyer by profession, to be appointed by the Home Secretary.
In London, J.P.s are concerned only with the licensing laws,
school attendance, and minor administrative duties, the bulk
of the judicial work being given to the Stipendiaries. Some
women J.P.s, however, take part in London Juvenile Courts.

2 3<> THE BRITISH APPROACH TO POLITICS

The lowest court with criminal jurisdiction is the Court of
Petty Sessions, which may be presided over by a single J.P.
In this form, however, the Court cannot inflict heavier penalties
than a fine of twenty shillings, or fourteen days imprisonment.
Usually there is a “Bench” of two or more Justices, and Petty
Sessions has then the same powers as a Stipendiary’s Court.
These courts have Summary Jurisdiction, i.e., they can deal with
lesser offences straightway without trial by jury. They cannot,
except in a few cases, inflict more than six months’ imprisonment
or a £50 fine. The police, or a private person, e.g. the victim of
an assault, may obtain a summons requiring the offic e r t0
appear, or the latter may be arrested by the police and
brought to the court. For small thefts and assaults, for drunk
and disorderly charges, and minor motoring offences, the Court
of Summapr Jurisdiction is, the regular tribunal; the popular
name “Police Courts” brings out the fact that the Courts of
Summary Jurisdiction are mainly concerned with this type of
rase, and most of the witnesses are the policemen, who observe
the offence. The more serious offences, e.g. theft, burglary, arson,
murder, are known as indictable offences became the accused
is charged in a formal written statement or indictment. These
must be heard by a higher court with a jury, except that on certain
charges the accused may choose whether he will be dealt with
summarily, or go for trial by jury with the risk of a heavier
penalty if he is convicted. Procedure at a Court of Summary
Jurisdiction bears some resemblance to a full trial. First the
prosecution and then the defence states its case, and calls
witnesses who are examined and cross-examined. If, however,
the accused person has a lawyer to represent him, it will usually
be a solicitor, not a barrister as in the High Court. Nor, as has
been said, is there a jury, and the case will be decided by the
magistrate. If they are not satisfied that the prisoner is guilty
they will dismiss the case; otherwise, they may “bind him over”
for a stated period. If, during that period, he commits no further
offence the matter is ended; if he does, he ran be punished for

LAW AND THE COURTS

237

the two, offences together. Frequently the offender or Ms'friends

have to deposit a sum of money with the court* wMch will be
forfeited if further offences are committed. Offenders may also
be put on probation for a period during wMch they must keep
in touch with the Probation Officer. His task is to acquaint
himself with their circumstances* and keep them away from
evil influences. Finally the court may inflict punishment* within
the Ijmits mentioned above. When the accused is to be proceeded
against by indictment, there is a preliminary hearing before the
magistrates ;* they do not have to decide the question of guilt or
innocence* but only whether there is sufficient evidence to
justify commi-tting the prisoner for trial at the Quarter Sessions*
or the Assizes.

QUARTER SESSIONS.

The Court of Quarter Sessions is composed of two or more
of the Justices from the whole of a county; in the larger towns*
however* it is presided .over by a single paid magistrate, the

Recorder* appointed by the Home Secretary. All indictable
offences* save the most serious* can be tried here, and appeals
from the Courts of Summary Jurisdiction are heard. 1 The
procedure is the same as that of the High Court. Since the High
Court has jurisdiction over both criminal and civil matters* it
will be convenient to deal first with the lower, civil courts.

COUNT-Y COURT.

The County Court* wMch deals with lesser civil actions* has
none of the antiquity of the office of J.P. In the Middle. Ages
the mass of the people rarely handled money* and such rights
as they had were often at the mercy of their immediate superior
in the feudal system* or might be determined by the feudal
courts wMch stood outside the King’s justice. But by the
middle of the 19th century the volume of small commercial
transactions had grown* and in 1846 County Courts were set
up to enable disputes arising from small debts to be settled

238 THE BRITISH APPROACH TO POLITICS

without recourse to the expensive machinery of the High Court.
Since that date other types of civil business have been hand e d
over to the County Court. The growth of social and economic
legislation has also added to their work; workmen who
they have not received due compensation for injury suffered in
their employment, and tenants and landlords dispu ting about
their rights under the Rent Restriction Acts, bring thpir cases to
the County Court. The Acts which empower local authorities
to deal with sanitation, housing, street widening, and recon¬
struction, create a good deal of litigation; landlords may be
required to pay penalties for not observing sanitary regulations,
individuals may be aggrieved by the decision of a local council to
create a car park in a particular place. Business of this type, how¬
ever, though sometimes appearing in the County Court, is usually
handled by a Court of Summary Jurisdiction in its civil capacity.

County Courts are presided over by a Judge 1 who will be a
barrister appointed by the Lord Chancellor. After hearing the
plaintiff and defendant, who may be represented by solicitors or
barristers, the Judge gives his decision, though occasionally a
jury of eight persons is summoned to decide disputed matters
of fact. It is possible to appeal from the decision of a County
Qiurt to the Court of Appeal. The County Court’s jurisdiction
is limited to cases involving not more than £100, or, for special
types of case, larger sums up to £500. Although these are dvil
courts, they can issue orders requiring debtors to make payments,
and neglect of such an order may lead to criminal proceedings
and imprisonment. Hence it is that though imprisonment for debt
has nominally been abolished, about one-fifth of the people who
go to prison do so because they have disobeyed court orders
by not paying debts. County Court Judges, however, disting uis h
between the careless debtor who makes no effort to pay, and the
victim of an extortionate moneylender, or an unreasonable hire
purchase contract. Before committing a debtor to prison, the

is taSTS e°gf Mr!*Justice^ATOryf 6 S °^° : “ High ^ Jud « e

LAW AND THE COURTS

239

Judge must be satisfied that, since the order to pay was
made, the debtor has had the means to pay and refused to
do so.

coroners' courts.

Of the lesser courts, there remains one whose function is to
discover facts rather than administer law. A coroner, who is a
doctor or lawyer appointed by the County or Borough Council,
and removable from his office only by the Lord Chancellor, has
to hold inquests when death has occurred without obvious
natural cause. He may sit with or without a jury, and when a
jury is employed it can give its verdict by a majority vote. The
rules of procedure are lax, and, when a witness is under suspicion,
the inquest may degenerate into an irregular trial without any
of the usual safeguards about evidence. A verdict of murder
against a particular person will- always be followed by arrest
and criminal proceedings, in the course of which the prisoner
may find Ms case seriously prejudiced. Criticism of this, and
other, defects in the Coroners® Courts has grown in recent years,
and considerable alteration of the law is now proposed.

THE HIGH COURT OF JUSTICE.

The centre of the whole judicial .system is the Supreme
Court of Judicature, possessing both civil and criminal juris¬
diction. It was established by an Act of 1873, and is composed
of the High Court of Justice, and the Court of Appeal; the rule.'
of procedure in these courts are determined by the Supreme
Court as a whole under' the presidency of the Lord Chancellor.
The High Court contains three divisions, (i) The King’s Bench
Division, to which belong the Lord CMef Justice, and nineteen
puisne 1 judges, (ii) Chancery Division, presided over by the

1 The name given to Judges not Presidents of a Division: they are
appointed on the Lord Chancellor’s recommendation, while the Prime
Minister recommends to the King for appointments to the superior
positions.

240 THE BRITISH APPROACH TO POLITICS

Lord Chancellor, or the Master of the Rolls acting in his place,
and containing six puisne judges, (iii) Probate, Divorce and
Admiralty Division, with a President and four puisne judges.
For a proper understanding of the duties of each division, it is
necessary to look back into history. The King has been described
as the fountain of justice, and the phrase records the fact that
it was-courts established by the King which spread uniform
rules of justice throughout his realm. These courts had to win
their powers step by step, and this they did by means of writs,
which were commands to persons or local courts, requiring them
to do justice or refrain from injustice. The number of matters,
however, with which tHe writs dealt was limited; further, it is
the natural tendency of lawyers to proceed by rigid rules and
according to precedent, since the danger of favouritism can thus
be lessened. So the law administered by the King’s Courts was
both defective and excessively rigid; such an evil was dearly a
reproach to the King, and it lay ^ith the Lord Chancellor as
Keeper of the King’s Consdence, to remove it. Thus arose the
Court of Chancery, which at first was- not so much a court as an
administrative department of State, charged with reconciling law
and justice. In effect, the plaintiff who could not 'get justice
from the law in a tivil suit, appealed to the King’s most intimate
adviser to put the matter right in accordance with accepted id^as
of fairness and common sense. From the dedsions of successive
Lord Chancellors, was framed a body of rules known as Equity,
not in opposition to the law, but as an addition to it. Siiw Equity
could recognise the existence of new problems to which the law
had not been adapted, much business came to the Lord
Chancellor’s court; in particular, cases arising from property
managed by people who were not its owners, but held it in trust
for some other person or institution. Since the Court of Chancery
was so closely connected with the King, it was suspect to the
partisans of Parliament in the 17th century, and there was talk
of abolishing Equity. No doubt it was convenient to have a royal
official to remedy the defects in the law, but might not his powers

LAW AND THE COURTS

241 '

also be used to set the King’s will above the law? Considerations
of convenience prevailed, and Law and Equity Courts continued
to exist side by side. The 1873 Act knitted the administration
of the two systems ' together, so that the rules of both Law and
Equity are. administered both in the King’s-Bench and Chancery
divisions. To-day, therefore, criminal matters go to’ King’s
Bench; civil actions may go either to King’s Bench or Chancery,
though cases which will require chiefly the application of the
rules of Equity usually go to the latter. 8a the Chancellor’s court
still, as in the past, specializes in cases arising from trusts and the
administration of property.

Through the Probate, Divorce and Admiralty Division, the
High Court has taken to itself duties previously performed by
special courts. In the Middle Ages, the Church occupied a position
of great importance; and since at marriage and death the individual
requited the ministrations of the Church, Church courts dealt
with questions of marriage, divorce and the proving of wills—
proving/that is, that they had been made in the proper form, and
that any claims of Church or State over the property of the
, deceased had been satisfied. Shipping and the Navy had developed
their own Court of Admiralty, to deal vith disputes about maritime
affairs and crimes committed at sea. These separate Admiralty and
Ecclesiastical Courts were absorbed in the High Court by the 1873
Judicature Act; so the Probate, Divorce and Admiralty Division
handles a miscellany of problems which in the past required
special treatment.

In London the civil work of the High Court is performed at
the Law Courts in the Strand, while some of the King’s Bench
judges try criminal cases at the Central Criminal Court (The Old
Bailey). In addition. King’s Bench judges make regular tours of
the country holding Assizes at certain towns; there they try all
persons who have been committed by the lower criminal courts
in that district, and settle such civil actions as have not already
been brought to London.

THE BRITISH APPROACH TO POLITICS

242

PROCEDURE IN THE HIGH COURT.

Criminal trials in the High Court, especially trials for murder,
are matters of great public interest; they are extensively reported
in all newspapers, and a large branch of fiction has sprung from
rtipm Part of this interest is no doubt unpleasant, a morbid
pleasure in reading of violent crimes and heavy penalties; but
this is not the whole truth of the matter. Although few people
are tried in the High Court—the very great majority of criminals
are punished by Courts of Summary Jurisdiction—anyone who
had the misfortune to be connected innocently and indirectly
with a serious crime, might be so tried; so it is in everyone’s
interest that the procedure, by which death or long imprisonment
may be inflicted, should be subject to the closest scrutiny.

The indictable offences tried in the High Court fall into three
classes: treasons, felonies and, misdemeanours. Treason, which
is the attempt to deprive the Sovereign of his life or his rights,
occurs rarely and is usually the symptom of grave social disorder.
The distinction between felonies and misdemeanours is of
historical origin, and while in general the more serious crimes are
felonies, there are important exceptions; e.g., perjury, the giving
of false evidence on oath, is only a misdemeanour. Rules of law
are based on this distinction; anyone who assists a felon to escape
justice may be charged as an accessory after the fact; anyone who
sees a crime being committed must try to stop it, but unless the
crime is a felony he should not use force to restrain the offender,
or the latte? may bring an action for assault against him.

The person indicted will be tried “by God and his country”,
that is to say, by a jury of twelve persons intended to represent
his countrymen. The Registration Officers who compile the
voting lists have to mark, as potential jurors, those who own
freehold property worth £10 or more per year, or leasehold £20
per year, or occupy houses with a rateable value of £20 a year or
over—or in the London area £30. Any of these may be called
to serve on a jury, though most people regard it as an incon¬
venience rather than a privilege. Judges occasionally excuse

LAW AND THE COURTS

243

those who are called* if an'adequate reason is given* and* after

an exceptionally long or serious case, the jurors may be excused
from fufther service for a period of years. When a jury is being
empanelled at the beginning of a trial* either side may object to
any member, and someone else will be taken. The intention is
that the jurors shall have had no previous connection with the
persons in the case. At the trial they are required by the judge
to dismiss from their minds anything they may previously have
heard about the case. As the earlier proceedings before the
magistrates and possibly in a Coroner’s Court will have been
reported in the press* this injunction is not easy to obey. The
jury at a murder trial is cut off from contact with the outside
world* while the trial lasts.

The prosecution may be instituted by a private person* by the
police* or by the Director of Public Prosecutions, and will be
conducted by a barrister* who in a few cases of great importance
will be the Attorney-General. In an opening speech he describes
the facts as they appear to his side, and calls witnesses to support
the story. Their evidence is laid before the court* in answers to
a series of questions put by the counsel for the prosecution;
they are then cross-examined* i.e., questioned by the counsel
for the defence* who endeavours to show that they are either
mistaken or lying; the judge may intervene with questions of his
own. The court is guided by strict rules as to what evidence and
what questions to witnesses may be permitted. In particular,
neither side may try to confuse the jury* or excite irrational
emotions* by bringing in matter irrelevant to the case; and
witnesses must state what they themselves saw or heard* not the
experiences and sayings of other people. Each counsel is alert
to detea breaches of the rules by Ms opponent; sometimes the
jury are sent away* while counsel argue, and the judge decides*
the admissibility of certain evidence. When the prosecution has
completed |ts case* counsel for the defence may sometimes submit
that there is no real approach to proof* and therefore no case to
answer; if the judge agrees he will direct the jury to find a verdia

244 THE BRITISH APPROACH TO POLITICS

of Not Guilty and the case ends. But the usual procedure is for
the defending counsel to state his version of the facts, and call
witnesses for examination, and cross-examination by the prosecu¬
tion. Neither a prisoner, nor Ms wife, can be compelled to give
evidence; but they may be witnesses for the defence if they wish.
After the evidence is completed, counsel, first the defence and
then the prosecution, make concluding speeches, though, if the
prisoner has called no witnesses, the prosecution has no right
of reply. The judge then delivers a summary of the case for the
guidance of the jury. It is at tMs point -that the Mgh intellectual
qualities required of a judge become most apparent. He.must
distinguish between crucial and trivial points; he must show
what has been proved as fact, what conclusions follow inevitably
from the facts, and what remains in dispute; he must explain
the points of law involved. All tMs is done in the knowledge
that if the prisoner is convicted there may be an appeal,
and the fairness of the summing up will be submitted to the
scrutiny of other judges. It is quite proper for a judge to incline .
to one side or the other in Ms summing up, if that is justified by
the proved facts. The summing up invariably contains a warning
to the jury that they must bring in a. verdict of Not Guilty
unless guilt is proved “beyond reasonable doubt”. The jury may
settle their verdict at once, but it is far more usual for them to
retire. Then, till they reach a unanimous decision, they remain
shut up, cut off from all communication, except that they may
ask the judge for further advice on points of law, or re-examine
any exMbits wMch have formed part of the evidence. If they
cannot agree, the case will have to be tried again with another
jury. If they say Not Guilty, the prisoner is discharged, and
cannot be tried again on the same charge, even though he were
to confess or overwhelming evidence of Ms guilt were to be
discovered. TMs is a salutary rule wMch discourages the Executive
■ from bringing a man to trial u£til there is formidable evidence
against him, and prevents it from pursuing Mm with a series of
prosecutions. If the verdict is Guilty the judge pronounces

LAW AND THE COURTS

245

sentence* which, for four crimes—treason* murder* piracy and
arson in royal dockyards—must be a sentence of death. For
other offences* the law provides a maximum penalty but no
minimum* so that the judge has a wide discretion. He will receive*
to guide his decision* information from the police about any
previous convictions of the prisoner—information which is
rigidly excluded from the court* unless and until guilt is proved.

In civil actions before the High Court* the order of proceedings
is* in the main* similar to that just described. Points of law*
however* play a larger part; consequently proceedings, may be
complicated by legal arguments between counsel and' judge. In
many civil cases no jury is now required* and in some the judge
may tell the jury what verdict they are to return. Special juries*
containing people from a wealthier class than the ordinary juror*
may be empanelled at the request of either side; they are chiefly

used where the points to .be decided will require extensive.

business knowledge. A notable feature of civil cases, is the
judgment pronounced by the judge at the end; he does not
confine himself to saying which side has won* but' delivers a
statement of the. general principles of law involved in the case.
It is the reports of these judgments which form an explanation
of* and addition to* the common law and the statutes. The Judge
must also •determine whether each side is to pay its own costs*
or whether* as is usual* the whole cost is to fall on the losers.

APPEALS.

A party to a civil action who is dissatisfied with the High
Court’s decision* may take the case to the Court of Appeal. The

Lord Chancellor* the Lord Chief Justice* the President of the

Probate* Divorce and Admiralty Division* belong to this court,
though they rarely attend. The work is done by the Master of

the Roils and five Lord Justices of Appeal* who are either ex¬
judges of the High Court* or barristers of at least fifteen 1 years’

standing; three or more members of the court sit to hear any
appeal* and usually there are two, branches of the Court sitting

246 THE BRITISH APPROACH TO POLITICS

at one time. On the criminal side, there was no appeal from the
High Court until an Act of 1907 provided that the Lord Chief
Justice and a varying number of King’s Bench judges should sit
as .a Court of Criminal Appeal. Unless the appeal is brought on
a point of law only, permission to appeal must be obtained either
from the Court' of Criminal Appeal or the judge who tried the
case. The Court of Criminal Appeal does not often reverse a
verdict but frequently reduces the sentence imposed; it has also
the power, less often exercised, to increase the sentence.

The highest of all courts is the House of Lords, which for
this purpose means not the whole House, but the Lord Chancellor,
the Lords of Appeal in Ordinary, 1 and peers who have held high
judicial offices. Since this court may sit when Parliament is
prorogued or dissolved, it is clearly distinct from the House of
Lords as part of the Legislature. It hears appeals from the Court
of Appeal, and even from the Court of Criminal Appeal, if the
Attorney-General certifies that a point of law of great public
importance is involved.

The House of Lords as a whole retains one legal function,
that of trying persons who are impeached, i.e., accused by the
Commons before the Lords. 2 Historically associated with
impeachment is the process of attainder—the passing of a bill
in the regular manner through both Houses, to declare a particular
person guilty of treason or felony, and impose a capital sentence.
Neither impeachment or attainder have been used for over a
century, and they have little to recommend them. They were
employed against persons whom Parliament believed to be
dangerous, but against whom there was not sufficient precise
evidence to secure conviction by an ordinary court. Attainder is
not a judicial, but a legislative process; it is indeed, little short
of iegalised murder.

While there is no court above the House of Lords, there are

1 See Ch. X.

2 The right of Peers accused of felony to be tried by the House of
Lords was abolished in 1936.

LAW AND THE COURTS 2df]

two departments of the Executive closely connected with the
administration of justice. First* the Home Secretary* through the
exercise of the Royal Prerogative of Mercy* can abolish or reduce
sentences* so there is* in a sense* appeal, to him in criminal cases.
Secondly* there is the Judicial Committee of the Privy Council.
This is not* strictly* a court delivering judgments* but a council
advising His Majesty. Since* however* its membership includes
those Privy Councillors who have been judges* the Lords of
Appeal in Ordinary* and some judges from the self-governing
Dominions and India* it possesses more legal knowledge and
experience than any court* and has become in practice a court of
appeal from courts in territories belonging to His Majesty but
outside the United Kingdom* and a court to which disputes
between Dominions may be referred. It can also revise the
decisions made by the Ecclesiastical Courts in which the Church
of England settles problems arising in its own organisation.
Finally* in the unlikely event of the courts ignoring the most
obvious principles of justice* it might be that the Judicial Com¬
mittee would intervene with advice to.the King to see that

justice was done.

BOOKS:

viNOGEADOFF. Commonsense and Law,
geld art. Elements of English Law.

*dicey . Law and Opinion in England.
stone’s Justices Manual.

CHAPTER XVI

LAW, LIBERTY AMD JUSTICE

Quality of British Justice
Justice for Rich and Poor
Treatment of Law-breakers
Young Offenders
Principles of Reform
Law and Liberty

Freedom of Association
Freedom of Speech and Publication
Freedom of Meeting •

Rule of Law

QUALITY OF BRITISH JUSTICE.

' The system of English law and the hierarchy of the courts are
ancient and impressive, and on a strictly legalistic view, they
produce justice. That is to say, they are free from bribery; except
for parts of divorce suits, and when evidence containing military
secrets, is being given, the courts are open to the public and the
Press. This publicity is a safeguard of justice, while the rale that
newspapers may report a case but not comment on it until the
end, prevents the whipping up of sentiment, so as to overawe
the courts and secure verdicts according with momentary feeling
rather than with the facts. Favouritism or malice on accoimt of
the social position, the political or religious beliefs of the accused,
do occasionally appear in the courts of the less worthy J.P.s, but
in a world where many countries have thrown aside even the
pretence of impartiality, fiit record of British justice stands high..
The rales of evidence, the repeated right of appeal against
conviction, and the provision 'that acquittal at any stage is final,
all combine to secure that if error creeps in it is far more likely
to result in the acquittal of the guilty than the condemnation of
the innocent.

248

LAW, LIBERTY AND JUSTICE 249

Justice, however, must be considered, not only in the legal
sense, but in relation to the whole political and social framework;
and for a proper appreciation of a legal system three questions
must be. examined. First, do the differences in the incomes of
individuals hamper the efforts of the courts towards impartiality?
Second, is it properly understood that criminals have rights—
that justice to them means not only punishment, but an attempt
to help them become good citizens? Third, does the law, and
the courts 9 interpretation of it, uphold that freedom of opinion,
without which neither justice nor progress can continue?

JUSTICE FOR RICH AND POOR.

A very large proportion of offences are punishable by a fine
with the alternative of imprisonment. Magistrates endeavour to
proportion fines to the offenders 9 means, though they cannot
have sufficiently detailed knowledge to do this'exactly, and it
must be remembered that many people have little money to ‘
spare after the necessities of life have been bought. The use of
discretion by the magistrates has also the undesirable result that
the same offence committed by offenders in similar circumstances
will receive widely different treatment from court to court. The
extent of the problem can be seen from the fact that about,
one-sixth of those who go to prison are persons who have refused
or failed to .pay fines. The result is that everyone assumes, without
any desire to be unfair, that imprisonment is more natural, for
the poor than for the rich; the growth of motoring offences and
the treatment of them has made this clear. It is not easy to
suggest a remedy; the wider use of imprisonment “without the
option 99 would please no one, and, at least until the prison
system has been carefully examined and reformed, would do no
good. Meanwhile, some progress is being made by granting time'
in which to pay fines, and the volume of this unnecessary
imprisonment is declining.

Persons not yet convicted of any offence may find themselves
imprisoned. When a case is brought before the magistrates all

250 THE BRITISH APPROACH TO POLITICS

the necessary evidence may not have been obtained. A remand*
i.e. 5 a postponement of the case* is then necessary* and the prisoner
will be “remanded in custody 5 ’ unless the court grants bail—i.e.*
lets him go on the understanding that he must forfeit a sum of
money if he does not return on a fixed date. A person from whom
very little money could be obtained, might be refused bail on
that ground. The same problem arises when prisoners are com¬
mitted for trial. Not all accused realise that there is the alternative
of bail* or that if bail is refused by the magistrates they can appeal
to a High Court judge. In this* and in other matters* magistrates
need to exercise much consideration for the rights of the accused
if Injustice is to be avoided. Bail is naturally refused to those
whose past record makes it likely that they will use their period
of liberty to attempt flight* and to those charged with very grave
crimes.

Trial by jury is often referred to as one of the bulwarks of
English liberty. It is* certainly* an English device* representing
the compromise between the different races that make up the

English people. The Norman conquerors' wishing to ascertain

the customs of their Saxon subjects* adopted a method that had
. been employed across the Channel by Frankish Kings. Yet it is not
the normal method of trial* four out of every five convictions are
made by Courts of Summary Jurisdiction. Nor* for two-thirds of
the population* can it be* as it is sometimes described* trial by
one’s peers; the juror’s qualification excludes the poorer classes.
A general accusation of class bias against juries would be quite
unjustified; but prejudice and error are human failings* and the
present jury system means' that where they appear they are most
likely to operate against the poor. Jurors* unlike judges* have
not gone through the rigorous legal training, which teaches self
criticism and caution against prejudice.

But the element in English justice which does most to tilt the
scales against the poorer classes is its expense. If the accused is to
present his case properly* he will certainly need a barrister in the
High Court* and perhaps a solicitor in the lower courts. Persons

LAW, LIBERTY AND JUSTICE 2$I

brought before a Court of Summary Jurisdiction may,, if they
are really poor, be granted by the court a Certificate of Legal Aid
which will secure the necessary services free. S imilar ly when
such, a court commits for trial persons, without means, it will
make a Defence Order which provides proper help in the higher
court. Further, a large proportion—probably more than half—of
the divorce cases brought in the High Court come under the
Poor Persons Procedure, by which solicitors and barristers give
their services free of charge. Poverty and ignorance of procedure
can, however, be a serious handicap in the lower courts, and the
right of appeal from them is limited by its costliness and the need
to deposit money which will be forfeited if the appeal is dismissed.
In civil cases the possibility of two or three appeals between the
County Court and the House of Lords, is an actual disadvantage
to the poorer party who may find it cheaper to abandon his case
than to prolong the expense.

The mere size of lawyers' fees is one cause of the dearness
of justice, but this is only a part of the great question of the
distribution of incomes, which cannot be discussed here. In
civil cases, the length of the proceedings throughout which the
services of a lawyer must be paid for, adds to the expense. A
wealth of documentary evidence may be required for every part
of the case; either side may search for points of law with which
to hamper the other; the relevance of each piece of evidence may
give rise to long argument. The problem, therefore, is to simplify
and shorten procedure without hindering litigants in the proper
presentment of the case. Now the solution can only be found by
expert lawyers, and so vast is the body of knowledge required of
any lawyer, that it is natural for members of the profession to
think of themselves as servants of the existing law, rather than
reformers. The Common Law is incomplete; Statutes are not
always well drafted, and much of the energy of lawyers has been
used up in devising rules to make an imperfect instrument fit for
all the work it is set to perform. The rules of Equity are an
example of this ingenious constructive ability; but the existence

THE BRITISH APPROACH TO POLITICS

252

of Equity and Law side by side is one Of the complications of the
present system. It is only men of superlative gifts who can
combine die peat lawyer's grasp of fact and legal principle with
the statesman's insight into the needs of the community. The
1873 Act marked an advance towards simplicity; the late Lord
Birkenhead achieved peat reforms in the law relating to property;
blit, the whole problem is still the subject of study by several
committees.

The collective funds of Trade Unions can secure good legal
advice for working people in cases of wrongful, dismissal* or
Workmen's Compensation; and excellent work is done by “Poor
Men's Lawyers” who put their advice at the disposal of members
of the local organisations of political parties* or work with non-
party welfare associations.' In the past detestation of lawyers was
widespread; under the feudal system they were regarded as
upholders of the harsh restrictions on persona! liberty; until at
least the middle of the 19th century they were suspect as
men who entangled justice in a net of procedure; they suffered
from some of their own number who saw in legal confusion a
source of income rather than a reproach to be removed. The
growth of social legislation* and of awareness* among lawyers*
’ of social problems* has done much to alter this attitude. •

The law* then* is dear because it is complex and because the
volume of litigation leaves little time for reform. In the higher
courts* the insufficient number of judges* and consequent delay
in hearing cases is a frequent cause of complaint. Nor can any
description of the Judicature, fail to bring out the fact that the
Lord Chancellor bears a burden fit for two or three men. If the
duties of a Cabinet Minister* the Speakership of the House of
Lords as a legislature* presidency of it as a court* chairmanship
of the Judicial Committee of the Privy Council* Presidency of
the Supreme Court* the Court of Appeal* and the Chancery
Division were not enough* he has control over an immense
number of judicial and ecclesiastical appointments; as Keeper
of the King's Conscience* he is the person finally responsible

law, liberty and justice 253

for the care of minors and lunatics, and may be charged with
any duty belonging to the Crown, which involves the protection
of the weak. While the Cabinet have a collective responsibility for
acts of Government, a special solemnity attaches to him since he
keeps the Great Seal which gives effect to important documents.
More than once a proposal has been advanced for the appointment
of a Minister of Justice who would take over those duties of the
Home Secretary connected with justice, and the legal appoint¬
ments of the'Lord Chancellor, and would-give proper attention
to questions whose consideration is hampered by pressure of
work— e.g., the formation of general principles to guide judges
and magistrates in the infliction of penalties, and'the encourage¬
ment of legal education. A number of judges and lawyers, how¬
ever, view this proposal with suspicion, because it offends against
the principle of separation of powers; they point out that in
countries where a Ministry of Justice has been established, it ha^
sometimes become an instrument by which the course of justice
can be deflected at the will of the party in power.

TREATMENT OF LAW BREAKERS.

When the relations between the State and those who break its
rules are considered, the most obvious purpose of the Judicature
is to vindicate the State’s -rights—to show that they cannot be
ignored with impunity. But the efforts to protect society will
have only partial success if they are not directed to reforming the
offender. There are, then, two elements in the treatment of
criminals, the deterrent and the reformative. Round these have
grown two schools of thought, one inclined to ask for severe
punishment in order to deter; others from criminality, if not the
criminal himself, the other urging the human rights of the
criminal, the practical advantages, of reforming him, and the
danger that over-severity will turn a petty offender into an enemy
of society. Capital punishment, which in this country is inflicted
on about a dozen persons every year, dearly cannot be reform¬
ative. Its supporters hold that it is a necessary deterrent and the

254 THE BRITISH APPROACH TO POLITICS

chief reason why so few criminals in Britain use or even .carry
firearms. Its opponents answer that this conclusion is not home
out by the experience of other countries which have abolished
the death penalty, and emphasise the repulsion which prison
officials feel to an execution. It is probable that flogging which is
sometimes ordered in addition to imprisonment, for crimes of
violence, must be regarded in the same light; the fear of it may
deter potential criminals, but it can hardly have anything but a
brutalising effect on the recipient. The Cadogan Committee
which reported in 1938, recommended its abolition except for a
few offences committed by people already in prison.

Imprisonment is the outstanding feature of the British penal
-system. An ordinary sentence such as is imposed for lesser
offences, is served in the Second or Third division. First division
imprisonment, which was intended for political offenders, allows
the prisoner much freedom in regard to meals, access to books,
and use of time; nowadays, however, it is hardly ever imposed.
Prisoners in the Second and Third divisions are classified by the
prison authorities according to their age and previous character.
Most of the work done in prison is of little use, and it is usually
performed by obsolete methods; it is not likely to preserve a
man’s fitness for work, or help him to regain employment when
he is free. The prisoner is urged along the path to virtue by the
dread of penalties—solitary confinement and low diet—and the
hope of privileges and of a remission of part' of his sentence. The
present Home Secretary, Sir Samuel Hoare, who is related to
the famous 18th century prison reformer Elizabeth Fry, has
outlined a policy of allowing maximum privileges at the start,
and of adopting measures calculated to appeal to self respect
rather than' fear.

Grave offences are punished by penal servitude for not less
than three years. Here work is more laborious, conditions harder,
and discipline more rigid. The word “servitude” is significant;
the convict is in effect a person without rights, whose condition
of life depends on the prison Governor. The convict who behaves

LAW* LIBERTY AND JUSTICE 2J5

well accumulates privileges* and may be released when he has
served three-quarters of his sentence. He is then* however* on
u ticket of leave 55 for the remaining quarter* and must regularly
report to the police. In these circumstances it is difficult for Mm
to obtain employment* and this system will before long lx
abolished.

There are Discharged Prisoners 5 Aid Societies* which try to
' restore the ex-prisoner to normal life and work* but their resources
are limited* and their work consequently unsystematic. State
action in this matter is one of several reforms now overdue in the
penal system; others are* the more intelligent employment of
prisoners 5 time* the humanising of prison discipline* and a more
thorough training of those who are to be prison officials.

YOUNG OFFENDERS.

The duty of attempting reform is particularly urgent with the
young offender; for his treatment* at his first conflict with the
law* n&y well decide his attitude towards society* for the rest of

Ms life. Court procedure* moreover* has to be made simpler and
less alarming. A large number of Acts* chief of which are the

Children and Young Persons Acts of 1932 and 1933* deal with
this problem* and with the protection of children from cruelty
and evil influences. Consequently* it is now very rare fbr children'
under fourteen* and comparatively rare for young persons under
seventeen to be tried on indictment. They may appear before the
ordinary Courts of Summary Jurisdiction, but are frequently
dealt with by Juvenile Courts* composed of magistrates chosen
for their special fitness for the work. If possible* these courts
must find a place other than a police station or police court for
their sittings; the public are excluded and the Press forbidden to
report the offenders 5 names. The court will acquaint itself with
the home circumstances of the culprit* and with the opinions of
Ms parents* teachers, or employers. The only punishment which
may be inflicted under this procedure is that of birching for boys
under fourteen; the abolition of this punishment was recoin-

256 THE BRITISH -APPROACH TO POLITICS

mended by the Cadogan Committee. There are, however, many
measures which may be taken to see that the offender is under
proper care for the future. Often it will be enough to remind the
parents of their duty, or require them to deposit a sum of money
as security for their child’s good behaviour. Much use is made
of the system of probation, which is chiefly intended for juveni?
and appears to be more successful in preventing repetition o*
crime, than any other method. If the offence has been grave, or
the control at home is judged unsatisfactory, the offender may be
sent to an approved school for three years or more. Finally, any
court which has found a person between sixteen and twenty-one
years of age guilty of an indictable offence, and liable to fall into
serious criminality, may send him to a Borstal institution for 'two
or three years. The life is planned to resemble that of a school,
with a strong bias towards manual training and outdoor life; it
succeeds in turning about three-quarters of the pupils into good
citizens.

PRINCIPLES OF REFORM.

Despite the shortcomings which have been mentioned, English
penal and reformative methods have^greatly improved in the last
120 years. Penal reforms are usually made much later than they
ought to be because so large a proportion of the people do not
get sent to prison, and find anxiety enough in the problems of
ordinary life. The question is sometimes put, why bother so
much about those who break- the law? Would it not be better to
give attention to improving the life of honest people? There are
several answers, the most obvious of which is that it is' quite
possible to deal with both problems. Further, it is cheaper to
reform the criminal at an early stage than to keep Mm in prison
at intervals for most of Ms life. On deeper consideration, it
becomes cleat that a community that is callous towards its
criminals lowers its moral standards, and will be less alert to
detect cruelty and injustice in other spheres. Careful study o?
..vie reasons why people break the law, often reveals the -law

law, liberty and justice 257

defects; from this spring reforms which benefit everyone. Ail
punishment is an emergency measure; if a man steals, the
ultimate problem is to find out the cause, whether it lies in social
conditions, or the thief’s own nature, and try to remove it.
Unfortunately this process takes time, and in the interval society
~7pst be protected. Herein lies the justification of punishment,

: ..id its danger; for if it is used without thought, society, feeling
1 itself protected, may neglect the duty of reform. When this occurs,
as in the 18th century, both the cruelty of punishments and
the savagery of criminals increase, each nourishing the other.
England has escaped from this vicious circle, partly through the
efforts of prison reformers such as .Elizabeth Fry and John
Howard, partly through the development of an adequate police;
for when a greater proportion of criminals are caught, there is
no longer the desire to make a terrible example of them.

LAW AND LIBERTY.

Criminals, it has been argued, must be punished, in order to
protect society. This protection is usually thought of as the
defence of property against theft, but if the law did no more than
this, it would be a device for keeping the rich on top and the poor
underneath. It should be, however, the means by which everyone
may be protected from interference with their personal liberties.
The phrase “the liberties of an Englishman” has long held place
in history even at times when the eye of faith is required to
discern them. The use of the concrete plural “liberties” is typical
of English practice; there has been no general proclamation of
liberty as such, but each of a series of important rights has been
vindicated by a particular struggle in history, and its maintenance
to-day depends on the working of the law.

The diligent filling up of gaps m the law, in deference to the
principle that the King must not suffer injustice to be done, has
established the rule that there is no wrong without a remedy. So
' if private persons do not fulfil legal obligations to one another, ori ■
■:.me attempts to restrain another from going about his lawft

258 THE BRITISH APPROACH TO POLITICS

business, the victim may proceed with a civil action for breach of
contract or trespass, or a prosecution for assault according to
circumstances. There is one curious exception; since the Crown
cannot do wrong, it cannot be liable to civil or criminal proceed¬
ings. For example, a man knocked down by an Army lorry may
proceed against the driver, but the driver's employer, the Crown,
is not liable to pay damages as a private employer might be. In fact,
however, the Crown is prepared to pay such damages, so no
injustice arises. If Government Departments break contracts, there
is a special procedure known as the Petition of Right, by which the
Attorney-General's consent to civil proceedings can be obtained.
Moreover, an increasing amount of public enterprise is managed
by bodies such as the legally separated from the Crown;

the man whose business has b^en injured by a careless comment in
a broadcast finds no special legal difficulty in obtaining redress,
provided he does not delay more than six months in bringing the
action.

The combination of the rule “no wrong without remedy" with
the Rule of Law, 1 protects the citizen from unlawful imprison¬
ment or other injury at the hands of officers of the Executive;
for he can proceed against them as against anyone else. Against
unlawful imprisonment, there is a special precaution, the writ of
Habeas Corpus. This writ is an order from a judge of the High
Court, requiring whoever is holding the prisoner in jail to bring
him before the court on a given date. The effect is that any
person who is in prison, except as the result of a lawful sentence
by a court, can obtain his release or trial at the earliest possible
moment. The writ is one of the oldest parts of English law, far
older than the famous Habeas Corpus Act -of 1679, or the less
well-known Act of 1816. These Acts make the procedure for
obtaining the writ simple, and provide heavy penalties against
anyone who tries to prevent a prisoner from obtaining it.
Occasionally, in times of stress. Acts have been passed depriving
persons suspected of high treason of the right to a writ of Habeas

1 SeeCh. II.

law, liberty AND JUSTICE 259

Corpus; but such Acts have, like the Army Act, required annual
renewal, and there have been none in recent years.

The liberties essential to democracy—freedom of speech and
writing, of public meeting and association—exist in virtue of the
general principle that a man may do whatever has not been
forbidden by law. The scope of these rights in practice can
therefore be discovered by an examination of the laws concerning
slander, libel, blasphemy, indecency, sedition and breaches of
the peace, in particular some recent Acts such as the Public Order
Act, 1936.

Freedom of association. Britain contains a vast number of
voluntary associations, for political, religious, industrial, and
many other purposes. The restrictions on the right to associate
are few. Associations formed to plan a crime are illegal; and
the Public Order Act, modifying earlier laws, bans organisations
which are trained and equipped so as to rival the forces of the
Crown, or further their political beliefs by a show of force. The
Registrar of Friendly Societies exercises control over Trade
Unions, Benefit Clubs and the like, to see that members are not
defrauded, or their money used for purposes outside the associa¬
tion^ province. By the Trade Unions and Trade Disputes Act,
1927, strikes and lock-outs which might be considered as seeking
to bring pressure on the Government are forbidden, and servants
of the Crown are prevented from joining organisations which
cater also for the employees of private persons! The wisdom of
this Act is in dispute between political parties. Its supporters
hold that it is necessary for the preservation of order and essential
public services; its opponents, that it works to the disadvantage
of wage earners, and unduly weakens the bargaining power of
Civil Servants.

Freedom of speech and publication. It may be slanderous to say
that a man has committed a crime, or to make any other
defamatory statement, which causes him to suffer material loss;
libel is the publication of defamatory matter in writing or some
other permanent form, even if no material loss has been inflicted.

260 THE BRITISH APPROACH TO POLITICS

The victim of either may bring a civil action and obtain damages,
and if the libel is so outrageous that it might provoke a breach ol

the peace, a prosecution for criminal libel may be instituted. The
law is complicated by the various defences which may be put up,
A reviewer may say that his words were fair comment; the words
may have been uttered in a privileged place, e.g., Parliament, so
that no action will lie; or it may be argued that the statement was
true, and that it was in the public interest to make it. The
uncertainty, and the heavy damages sometimes awarded, can
cause great expense to people who publish statements in good
faith, and in these respects the law could with advantage be
reformed. Political controversies are, however, saved from the
scurrility which attends them in countries where the law of libel
is less strict. The effect of the laws has been summarised in the
saying that anything may be written or said which a jury thinks
fit to be written or said.

In cases of blasphemy, indecency, and sedition, the deciding
authority is more frequently a magistrate than a jury. The
definition of the first two offences is so vague that the law can
have inequitable and absurd results. A learned agnostic, writing
in literary language to prove all religions impostures, will probably
be immune; the same view expressed in the cruder speech of the
street comer, would lead to prosecution. On more than one
occasion books have been condemned as immoral by a magistrate
after hearing selections read by a police officer, evidence in favour
of the book by writers of known standing being ignored. ■ Nor is
the definition of sedition, as applied to speech and writing any
more satisfactory. Incitements to people to resist the law by
force, to attempt alterations in Government policy, or the remedy
. social injustice, by unlawful means, are justifiably forbidden.
But the most vigorous criticism of the Government or the Con¬
stitution, or the class structure of society, and the rousing of
opinion to alter them according to law, should be permitted,
and it is generally supposed that they are permitted. Legally,
however, it is seditious to stir up ill-will between classes,

LAW, LIBERTY AND JUSTICE 2 6l

and a frightened or bigoted magistrate might interpret this as
condemning any speech or book or pamphlet which strikingly
contrasted the lot of the poor with that of the rich. The position
is therefore somewhat paradoxical. In practice the British enjoy
a large measure of freedom which can be simply illustrated:—
Germans, Italians and Russians, not to mention other nation¬
alities, who wish to publish books attacking the Constitutions
and conditions of life in their countries, do so in this country, or
France, or the United States ;* British .writers, equally critical of
our institutions, publish their works in Britain. Yet this liberty
might be swiftly curtailed in time of acute political conflict,
simply by more rigorous interpretation of the existing law; and
wide discretion rests with the magistracy—that is to say, with a
part of the legal system where the need for reform is generally
admitted.

The Incitement to Disaffection Act, 1934, has a special effect
on books and pamphlets. The general right of the State to punish
attempts to seduce members of the Armed Forces from their
allegiance cannot be denied; and this right the Act reaffirms.
But it further lays down that anyone who intends to commit
this offence, and has in his possession documents suitable for the
purpose, shall likewise be punished. A High Court judge who is
satisfied that an offence has been committed, may grant a warrant
empowering a police inspector to search any premises where
evidence may be found, and any person on the premises. The
reason for the passing of this Act was that the Admiralty had
expressed concern about political activities directed toward the
Navy and dockyard workers; its practical operation will need
to be watched with care.

The law deals only with documents which have been published;
there is no censorship, that is to say, no need to obtain in advance
permission to publish. Stage production, however, must be
approved by a Court official, the Lord Chamberlain; this censor¬
ship works to a set of stereotyped rules, e.g., the prohibition of
certain references to Royalty, or of particular words and phrases.

262 THE BRITISH APPROACH TO POLITICS

It has therefore been easy to quote examples showing that

worthless productions are permitted, while serious and valuable
work has been banned because it was . outspoken. But if the Lord

Chamberlain attempted to act as a literary critic, it is unlikely
that either the public or the authors would be better pleased.
The showing of films is controlled by local authorities, which
are largely, though by no means wholly, guided by the decisions
of the British Board of Film Censors, a private body set up by
the film industry. The growth of societies for the showing of
particular kinds of film, and the use of non-inflammable films
free from the usual restrictions, are both factors which have
increased freedom in this direction.

Freedom of Meeting. Speeches made at meetings are subject
to the restrictions already described, and the actual holding of a
meeting raises the further problems of obstruction and breach
of the peace. The former concerns only meetings held at street
comers, on commons, or in other public places. In such places,
everyone has a right to pass to and fro, and anyone, or any
number of people, may stop to talk or listen or do anything not
in itself unlawful, provided they do not obstruct the right of
passage;,a meeting which does obstruct may be dispersed. This
principle has to be applied with common sense; an attempt to
hold a meeting in Piccadilly Circus would clearly be illegal; on
the other hand, no one could require a peaceful meeting in Hyde
Park to be dispersed, so that he could walk across the site of it.
In practice, the local authorities and the police make regulations
stating what street comers or parts of parks may be used for
meetings. Citizens who consider that this power is being unreason¬
ably exercised, may attempt to hold meetings, and bring an action
against anyone who attempts to disperse them; the question will
thus be referred to the courts for decision.

As to the latter restriction, the general principle may be stated
as follows:—no one may commit a breach of the peace, and a
meeting which does so becomes an unlawful assembly; every
citizen has a duty to stop breaches of the peace, and this duty is

LAW, LIBERTY AND JUSTICE 263

particularly mctimbent on police and magistrates. Speech and
behaviour which is so provocative that it gives reasonable cause
to fear a breach of the peace is forbidden. The application of the
last clause of this principles has given rise to some nice points of
!aw s and several Statutes try to define the matter more precisely,
Suppose, for example, that Fascists wish to hold a meeting in
Whitechapel and set forth their' reasons for disliking Jews, or
that an ardent band of Protestants wish to. proclaim their beliefs
in the heart of a Catholic district in Liverpool. Meetings on such
topics are not in themselves unlawful, but held in those districts,
they may well provoke a breach of the peace. Are the authorities
to permit them, and so give the police the duty of dispersing
them when disorder begins—a duty dangerous and unpleasant
both to police and public? It seems more sensible to prohibit
them in advance, but this action admits the dangerous principle
that a meeting may be made unlawful by the disorderly conduct
of those who dislike it. Once this is granted, any section of the
community can prevent their opponents from holding meetings,
and the forces of the law, instead of protecting the law-abiding
citizen, will be putting into effect the'wishes of the disorderly.
On this point, the Public Meetings Act, 1908, and the Public
Order Act, have endeavoured to frame a compromise. It is
forbidden for anyone at a public meeting to carry an offensive
weapon, or to use “threatening, abusive, or insulting words and
behaviour”. No one may act in a'.disorderly manner so as to
prevent the meeting from doing its business, and a policeman
who reasonably suspects anyone of doing so, may, if the chgipnan
of the meeting requests, insist on the suspect’s giving Ms name
and address. These provisions are aimed 'against .the disorderly,
and are unobjectionable as long as police and magistrates act with
reason and fairness. The prohibition, by the Public Order Act, of
the public wearing of political uniforms appears to have been
useful in preventing disorder. Uniforms appeal to emotion rather
than reason, and bring into politics an excitability wMch is
harmful both to the public peace, and the sensible expression of

264 THE BRITISH APPROACH TO POLITICS

yiews. More open to question are the restraints put on meetings
for fear they will provoke disorder. It is within the power of the
police to prohibit the use of any open air site, e.g., the neighbour¬
hood of a labour exchange if they “reasonably apprehend” that
disorder will result. Where the meeting takes the form of a
procession, it must follow the route which the police require,
and refrain from carrying any banners which the police have
reason to think provocative. In the City of London, and the
Metropolitan Police district, the Commissioners of Police may,
with-the Home Secretary’s consent, forbid all processions by
orders which require renewal every three months. In other towns
such an order may be made by the Borough or Urban District
Council, at the application of the police, and subject to the Home
Secretary’s consent. These measures are likely to enjoy the
approval of the large number of citizens who do not organise
meetings and who dislike disorder. Some danger lies in the fact
that the enemies of democracy may, by creating disorder, lead a
democratic Government on, step by step, to curtail liberty on
the pretext of preserving the peace.

RULE OF LAW.

The principle stated above—that all citizens, particularly those
in authority, have a duty to see that the peace is kept—is not
altered in the least by recent laws; it remains as the last reserve

of power on which the Government can call. Should rebellion or
invasion occur, magistrates. Chief Officers of police, officers of
the Armed Forces, and Ministers of the Crown, may and must
take any action necessary to restore order, and call on their
immediate subordinates, and any other citizens, to co-operate.
Seizure of property, arrest, and even killing of persons are made
legal-by the fact of necessity, but by necessity alone. Anyone who
proceeds to arbitrary and violent acts beyond what is necessary
will be subject to prosecution afterwards; though it is extremely
probable that the Government would, after so grave a crisis,
protect all who had acted in good faith, by passing an Act of

LAW, LIBERTY AMD JUSTICE 265 '

Indemnity. 1 What is sometimes called Martial Law in England,
is not, therefore, a special system of law to be invoked at special
times. It is merely the operation‘on a great scale of the same rule
that requires anyone to interfere—or at least to call the police—

if he sees an assault or theft being committed.

The exact extent to which we may exercise our liberties, is thus
shown to be determined very largely by the police, and in the
last resort by the courts. The recruitment and training of the
former, and the appointment of judges and magistrates to the
latter, are,therefore all the more important. But above all, the
preservation of liberty with order depends on the individual
citizen. All Governments, irrespective of party, like to increase
their own powers, and, since they are composed of human beings,
they are inclined to resent criticism, and see in it a danger to the
peace, rwhere none exists. So the citizen, .besides refr ainin g from,
and assisting to stop disorder, must be read^ to champion any
victim$^>f injustice, even though they be persons holding absurd
or unpopular opinions. A Government intending to persecute,
will naturally begin with the more unpopular people, and the
arbitrary treatment of them will serve as a precedent for other
sections in time to come. Only a people which has made the
Rule of Law a rule of life can resist this piecemeal destruction
of liberty.

BOOKS:

' *DICEY. Law of the Constitution (Chaps. XV-VJII and Appendix)

JAMES CURTIS. Guide to British Liberties (“ Fact 55 pamphlet.)

fox. The Modern English Prison.

*See Cb. II.

PART IV

LOCAL GOVERNMENT

CHAPTER XVII

THE LOCAL AUTHORITIES

Historical Development

Local Government Electors

The Parish

The District

The County

The Borough

General Survey

HISTORICAL DEVELOPMENT. -

The modem State contains towns and country districts and
exercises sovereignty over them* but it has not destroyed their
separate life, nor failed to use them as units of Government.
Local Government is necessary because the central authority has
not the time to concern itself with every lamppost and footpath,
and the first task of a local authority is to minister to purely
local needs. Secondly, when nation-wide schemes of education,
housing or transport are developed, the local authorities serve as
agents for the Government, adapting the main lines of ’policy to
local conditions. Further, if they enjoy some measure of inde¬
pendence, they can make experiments which 'may help future
legislation, and they will attract the interest of the citizens. In
the long ran, no doubt, the policy of the Central Government is
the more important; if the country goes to war, the dangerous
crossroads in one’s own town may seem of little significance.
But in everyday matters the citizen’s most immediate contact is
with the local authority; he may be run over because the street
is ill-lit, or poisoned because the water supply is neglected, if he

267

268 THE BRITISH APPROACH TO POLITICS

is dissatisfied with his own* or his neighbour’s housing conditions*
or with the education of Ms children* Ms first complaint will be
directed against a local council.

English local Government is both older and younger than- the
Central Government. Parishes date from long before the Norman
Conquest; Counties and Boroughs existed before Parliament.
Side by side with these were the Justices of the Peace who carried
out* in a rudimentary form* many duties now performed by local
authorities and departments of the Central Government. In the
16th century the vigilance of the Privy Council over the Justices
was. such 'that it seemed that as if England might move towards
a MgMy centralized form of Government. After the 17th
century defeat of the Crown* the local prestige of the Justices as
country gentlemen enabled them to exercise.. their authority
much as they pleased. At *the close of the 18th century* the
countryside was ruled by squires* the more tedious work being
done reluctantly by the parishioners. The Government of
Boroughs varied greatly in efficiency and honesty* and had often
fallen into the hands of a clique. Many of the parishes had grown
into towns; if they were still governed by an Open Vestry* he.* an
assembly of all the ratepayers* the meetings were often disorderly;
where a Select Vestry* he.* a small group* either elected by the
ratepayers* or chosen on some special plan* held power* cliques
and corruption were again manifest. The reforming zeal of
the 19th century took the old local divisions and created new
authorities out of them by Act of Parliament. Despite the
antiquity of the Borough* the Borough Council of to-day gets its
form from the Municipal Corporations Act of 1835; some of the
ancient dignity of the County survives* but County Councils are
the creation of the Local Government Act of 1888* and the
modem form of Parish organisation goes back only to 1894.
During -the same period Parliament dealt with the growth of
social problems by erecting authorities ad hoc> that is to say* for
one specified purpose. Poor Law Unions of parishes already
existed; to these were added Burial Boards* School Boards* and

THE LOCAL 'AUTHORITIES 269

so many others that the elector was bewildered, and efficiency
impaired. More recently, the tendency has been to abolish these
authorities, and hand over their duties to Boroughs or Counties,
or to the Districts created in 1872 as intermediate authorities
between Parish and County. Further, the administration of social
services has required closer co-operation with the centre. The
Local Government Acts of 1929 and 1933 together with recent
Acts on housing and transport express these developments.-
Two elements can thus be traced in local Government—the
desire of the citizens in their localities for independence, and the
Central Government’s desire for efficiency and un iformity. The
English system has reasonable success in reconciling these two.
On the one hand, the local Councillors are elected from the®
neighbourhood and, with a few exceptions, unpaid; but they are
assisted by a paid staff and work under the supervision of
the Central Government. To-day each local authority, beside
performing some duties peculiar to itself, is a unit co-operating
with other local authorities, and with the centre, for the develop¬
ment of national policy. The subject of local Government can
therefore be studied either by tracing the performance of each
service, or by examining the powers and duties of each authority,
and not until both processes have been completed does a
satisfactory picture emerge. It will be convenient to describe in
this chapter how the authorities are elected, and some of their
duties; the next chapter will show Jiow local Government
machinery is used for maintaining social services. The Govern¬
ment of London is reserved till later.

LOCAL GOVERNMENT ELECTORS.

The voting registers compiled by the Clerks-of Counties and
Boroughs serve for local as well as Parliamentary elections.
Anyone who, whether as owner or tenant, occupies any land, ■
house, unfurnished rooms or other premises in a given local
Government area, is entitled to vote in. that area. The wife,, or
husband, of anyone so qualified is also entitled to vote. The

270 THE BRITISH APPROACH TO POLITICS

effect of these regulations is that all persons who have a Parlia¬
mentary vote have also a local Government vote, except those
who live in rooms which they do not furnish themselves. Since
the rates' for local expenditure are' levied on land, houses and
■ other buildings, it is argued that these persons are not ratepayers
and should not have a voice in determining how the rates are
spent. The chief effect of the rale is to exclude young people,
over twenty-one, but still living at home; they will, however,
obtain a local vote if they can point to rooms in the house which
they occupy and furnish. The rule is not entirely logical, for if the
young people are contributing a proportion to the family expenses
they will be affected by the rates; and landladies who let furnished
apartments probably bear the rates in mind when fixing their
rents. Peers are the only people who, though disqualified from
Parliamentary voting, possess a local vote. As a general rale,
anyone qualified as an elector in the area of a local authority,
may become a candidate for election to that authority, but no one
may try to become a member of an authority which employs him.
Persons who have been Councillors and mishandled public money,
and anyone who has received Public Assistance at any time during
the year before the election, are disqualified from standing. The
dates of elections are fixed at regular intervals by Act of Parlia¬
ment, and the voting is governed by rules similar to those for
Parliamentary elections. Candidates do not,, however, have to
deposit money with the Returning Officer.

THE PARISH.

Although all England is divided into Parishes for Church
purposes, the Parish, as a local authority, exists only in the
countryside. Where the population is less than three hundred,
there is usually no Council, and affairs are managed by a Parish
Meeting which all the ratepayers may attend. In the larger
parishes a Council of from five to fifteen members is elected,
usually by a show of hands at a Parish Meeting in April, and holds
office for three years. The duties of either Council or Meeting are

THE LOCAL AUTHORITIES 2JI

slight; they may maintain a Parish Hall and a Library* look after
a village green* and protect local rights.of way. Sometimes they
take advantage of an Act which enables them to see to the lighting
of the village* and higher authorities may hand over to them
the care of the water supply* and the repairing of footpaths. If any
of these matters has been seriously neglected there will be excite¬
ment at the Parish Meeting* but usually Parish Councils carry out
their necessary* if hmhdrum* duties* without earning either
gratitude or resentment. There is sometimes a difficulty in finding
persons prepared to serve on the Council* and provision is made
that residents in another Parish may be elected so long as they
do not live more than three miles away.. A Parish may have a paid
Clerk* but no other paid officials.

THE DISTRICT.

' A group of Parishes forms a Rural District* and if the develop¬
ment of -industry turns a Parish into a small town* that Parish..
may request the County Council to make it into an Urban District.
The Councils of Rural and Urban Districts are elected in April
by ballot; as only one-third of-the Councillors retire at each
annual election* three years are necessary for the re-election of
' the whole Council. The Chairman may be one of the Councillors*
or chosen from outside; in either case he has the powers of a
J.P. during his term of office. The Districts enjoy greater dignity
and power than the Parish. They are used by the Central Govern¬
ment as housing authorities* and so have the power to acquire
' land and to build* and the duty of dealing with slums and over¬
crowding. As sanitary authorities they must deal with the water
supply and sewerage* the cleaning of streets aixd footpaths*
and removal of refuse. Some of these duties they may hand on
to the Parishes; on the other hand* Parishes which consider that
the District Council is not sufficiently energetic* may request
the County Council to hold an enquiry* and perhaps take over
the duties itself.

While trunk roads are maintained directly by the Ministry of

■ 272 - THE BRITISH APPROACH TO POLITICS

Transport, and other major roads by the Counties, the
roads, for which no grant is made by the Ministry, must be
mai nt a i n ed by Urban District Councils. In the countryside,
although the County is the responsible authority, it frequently
delegates the work to the Rural Districts.

For the performance of their tasks. District Councils often
find it desirable to own, or share in the management of gas,
water and electricity undertakings, or tramways. They also*
require a number of paid officials, e.g., a Clerk, Treasurer,
Medical Officer of Health, Sanitary Inspector, and Surveyor of
Highways. An Urban District Council has additional powers,
such as that to provide allotments, libraries and public baths;
and the Councils of Urban Districts whose population is
over 20,000, control their own elementary schools. Where the
population exceeds 25,000 a Stipendiary Magistrate can be
appointed. So there is a gradation of powers till there is little to
choose between the larger Urban Districts and the smaller
Boroughs.

THE COUNTY.

The 1888 Act, when drawing the boundaries of the Adminis¬
trative Counties, followed the ancient County boundaries, save
that some Counties had to be divided to make convenient local
Government areas—as Yorkshire into three Ridings or Sussex
into East and West. Every Administrative County is divided into
Electoral Divisions, each returning one Councillor at the elections,
which are held once every three years at the be ginning 0 f March.
The Councillors, when elected,- choose a number of Aldermen
equal to a third of their own number; frequently Councillors
themselves are made Aldermen, and this necessitates a by-
elecnon to provide a new Councillor. The term Alderman goes
back to Saxon times and originally meant men chosen for their
age and experience to assist in Government. To-day the term
has no reference to age, but as Aldermen hold office for six
years, one-half retiring at the time of each Council election, they

THE LOCAL AUTHORITIES

273

do acquire special experience of Council work. By this means
also, the services of people possessed of useful knowledge but
not suitable for election campaigns can be secured. The Cha i rman
is chosen in the same manner as the Chairman of a District
Council, and has the same right of acting as a J.P. It is within the
power of the Council to pay a salary tq the Chairman, and travel¬
ling expenses incurred by members when doing Council work.

The County Council, as chief of local authorities, acts as an
agent for the Central Government, cb-operating with it to
adminster Public Assistance and Pensions, and exercising control
over all the local authorities within the Administrative County.
In this capacity, under the 1929 Local Government Act, it makes
from time to time a survey of the County, and may recommend
alterations in the boundaries of local authorities; these are con¬
sidered by the Minister of Health, who will hear any objections
from the authorities- concerned and make a decision. One such
survey has already been made throughout the country, and each
County must make them in future at intervals of not less than ten
years. While the Districts and Boroughs do most of the work
under the Housing Acts, the County Council must see that this
is adequately done, and may take over' the task itself. The
County co-ordinates and supplements the library service of. the
parishes, and organises elementary education in Rural Districts,
together with all education above the elementary stage.
Similarly, in -the health services the County itself handles
some matters, e.g., infectious diseases, and sees that the rest
are properly performed by subordinate authorities. The position
may be summarised by saying that the County Council’s duty is
to maintain a standard of efficiency throughout its area, both by
encouraging the lesser authorities, and by exercising" powers
which they either do not possess, or cannot conveniently use.

’• In addition to this general work, the County Council must
give attention to agricultural development. Among the many
committees which the law requires a County Council to appoint,
is an Agricultural Committee, most of whose members are.

274 THE BRITISH APPROACH TO POLITICS

chosen by the Council* the remainder being appointed by the
Minister of Agriculture. Thus the Ministry is able to operate the
laws which deal with infectious diseases of animals* as the com¬
mittees state what areas.are affected* and arrange for killing the
infected beasts* and for compensating their owners. There is
also the constructive work of malting life in the countryside more
varied and attractive* and raising the standard of living of the
agricultural worker. This is done by encouraging the growth
of the industries most closely related to agriculture* and by
providing small holdings and allotments* for which the Council
has the power to acquire land compulsorily. Advanced education
in agriculture is organised* and the children of labourers are
helped by grants to take advantage of it. The need for ’this work
naturally varies a great deal from one County to another* and
in some regions it is sufficient for several Counties to form 1 a joint
Agricultural Committee.

The modem elective County Council has not entirely replaced
the ancient administration through a Lord Lieutenant* and a
High Sheriff appointed by the King* and through the Justices of
the Peace. The office of Lord Lieutenant has great dignity and is
usually held by a wealthy country gentleman; he has charge of
the County records* and recommends suitable persons to be
J.P.S. The High Sheriff has to make all the preparations necessary
for the holding of Assizes. Both these officials* however* are
chiefly occupied in ceremonial 1 duties* 'the work of the High
Sheriff being performed by a lawyer appointed to be Under
Sheriff. The old and new forms of Government are brought
together by the Standing Joint Committee* half of whose mem¬
bers are Justices* and half County Councillors. This Committee
appoints the Chief Constable of the County* and organises a
Police Force in' accordance* with ■ the law and with the Home
Office regulations. Chief Constables* unlike Superintendents and
Inspectors* do not rise from the ranks of the/Police* but are
usually retired officers of the Armed Forces. The police are
inspected annually by the Home Office* and if the result is

the local authorities 275

satisfactory, half the expenses will be met by the Central Govern¬
ment. Subject to this control, the County Police are responsible
for all police duties within their area. As readers of detective
stories know, the Chief Constable may call in the help of the
C.I.D., when the problem is one of special difficulty or requires
nation-wide police action. To create so expert a body -as the
C.I.D., and then limit its work at the will of local authorities
may seem a surprising procedure; it arises from the desire for
local independence, and the reluctance to give executive power
to anyone appointed by the Central ' Government. When
emergencies arise, or when a local function takes away many of
the police away from their ordinary' duties, the Justices can
appoint any citizen as a Special Constable; -they can even fine
those- who refuse to serve, though a recent use of this power
provoked considerable- criticism.

•THE BOROUGH.

Of all local authorities, the Borough combines most fully
ancient dignity and modem power. The Crown, in its straggle
against' the feudal nobility, sought to win the support of the •
townsfolk- by granting them special ..privileges set forth in a
Charter of Incorporation as a Borough. In the 17th century,
however, most of the larger towns, particularly London, were
opposed to the Bang, and Charles II, on his restoration,
attempted to-reduce their status, though without much success.
To this day Boroughs^are' still created by Charter, and an Urban
or Rural District which desires the honour, gives notice to its
County Council and to the Minister of Health, and makes petition
to. the Bang. An enquiry is held in the District by the Minister,
and the Judicial Committee of the Privy Council reports on the
petition. The Charter may then be granted by an Order in
Council, but if as few as five per cent, of the local ratepayers
object, an Act of Parliament will be necessary. The day on which
an Urban District becomes- a Borough is welcomed by local
celebrations, attended by the Mayors of neighbouring Boroughs,

276 THE BRITISH APPROACH TO POLITICS

and one of the most famous local personages is chosen to be the
“Charter Mayor” in the first year of the' Borough’s life. Sir
Josiah Stamp was thus chosen by the recently created Borough of
Beckenham. '

The Charter places the Government of the Borough in the
hands of a Mayor, Aldermen and Councillors. The Borough is
divided for election purposes into Wards, each returning three,
or a multiple of three, Councillors; one-third of the Councillors
retire each year^ the elections being held on the 1st of November.
The Councillors choose Aldermen to one-third of their number,
as for County Councils. The Mayor is* chosen from among the
Councillors, or from outside, and begins Ms term of office on the
traditional date, November 9th. The antiquity of Boroughs is
illustrated by the dignity of the Mayor. Beside taking the Chair
at Council meetings, he presides over the local Bench of J.P.s
during Ms year of office, and continues to act as a J.P. for the
following year. He is the first citizen of the Borough and represents
it at all important ceremonies;- He is expected to attend many
functions, such as Chamber of Commerce dinners. Church
Bazaars and meetings in support of local charities. To meet the
expense a great many Boroughs avail ’themselves of their legal
power to pay a salary. Although the Mayor’s wife has no legal
duties she plays, as Mayoress, a large part in the social activities,

■ and if the Mayor is unmarried he will usually obtain the services
of a woman relative; when, as often happens, there is a woman
Mayor, another woman will act as Mayoress. So the prestige of
a Mayor is much greater than that of a Chairman of a District
Council, or of a County Council, despite the latter’s greater
powers; and while the alleged pomposity of Mayors is a frequent
topic for comic papers, in real life the Mayor is always greeted
with respect. It is said that one of the cMef advantages secured

■ by an Urban District on becoming a Borough, is that the added
dignity - of Mayoral and Aldermanic offices makes citizens more
eager to secure them and perform them well. There is, of course,

' the danger that persons will be attracted who care more for a

THE LOCAL AUTHORITIES 277

chain and thi title “Your Worship” than for public duty, but
most experience shows that this preservation of old customs has
a beneficial effect. ;

All Boroughs possess as a minimum the powers' of a large
Urban District Council, and smaller or greater additions are
made according to the terms of the Charter. Some gain nothing
by Incorporation except the added dignity, and the right to
audit their own accounts, and to make by-laws in a few minor
matters. Many have an Advisory Committee of their own to
recommend the appointment of J.P.s who are thus separated
from the County Justices ; a Stipendiary .Magistrate and a separate
Court of Quarter Sessions may be appointed. When the popula¬
tion is over 20,000, the Borough may apply for a separate Police
Force, though Comity Councils are now inclined to oppose
such applications. The Boroughs that have obtained this right,
exercise it through a Watch Committee composed of Councillors.
For still larger Boroughs, further privileges may be added,
and those with a population of over 75,000, may promote
Bills in Parliament to mm themselves into County Boroughs.
The powers of a County Borough may be simply described by
saying that it combines those of a Borough and a County Council,
though there are various duties, such as the supervision of Rural
Districts, which obviously do not have to be performed. Towns
of great size or historic importance occupy this rank; whatever
County they may be in geographically, they are independent of
the County Council. Any Borough, whether County or Municipal
(the name given to non-County Boroughs) may by ancient custom
or Royal Order be called a City, but this is only a dignity and
involves no legal powers; it is regularly granted to towns which
have a Cathedral. The Mayors of some of the most famous Cities
are called Lord Mayors.

GENERAL SURVEY.

The mixture of old and new in local Government, the gradation
of powers, and the development of the various districts, combine

278 THE' BRITISH APPROACH TO POLITICS

to make a confusing picture. An example may serve to present
the facts in their proper relation. In the geographical County
of Warwickshire, there are about one-and-a-half million people;
over a million of these in the City of Birmingham, and over
150,000 in the City of Coventry—both County Boroughs—
manage the whole of their local affairs- through their City Councils;
leaving about 350,000 people in the Administrative County.
Six Municipal Boroughs, ranging from Nuneaton with 45,000
to Stratford-on-Avon with 12,000, contain together some
165,000 people; these Boroughs have greater or less power
according to. their size and history. Leamington, for example,
manages' its own elementary schools, while Rugby, despite
its larger -population, does not, as it has only been a Borough
since 1932. Three Urban Districts contain 50,000 people; the
largest, Solihull, with 25,000, is bigger than some of the Boroughs.
This leaves 135,000 people governed in Rural Districts and
Parishes under the supervision of the County Council. These
areas are adapted for Parliamentary purposes as follows:
Birmingham is cut into twelve Parliamentary Borough Divisions,
each returning one member, Coventry is a Parliamentary Borough
with one member, and the Administrative County falls into

four .single-member County Divisions. Throughout the country,
one of the most striking facts is the widely differing status of
town districts; compare with the City dignity of Coventry the
200,000 people of Harrow, still organised as an Urban District
in the County of Middlesex. For while the dignity of a Borough
is gratifying, it is also expensive. It is an open question whether
greater freedom from County control will mean more efficient
service; the County Council may have insufficient under¬
standing of local problems, but, being a larger authority, can
probably afford to employ more highly trained officials. An
argument about applying for a Charter may be an undignified
tussle between the partisans of an ambitious citizen who wants
to be Mayor, and a group who do not mind what, their local
Government is like so long as it is cheap. But it may also be a

279

THE LOCAL AUTHORITIES

real conflict between two ideals—the civic pride which is most
easily aroused in a smaller compact area* and the desire for
expert centralized administration.

All the authorities so far described are general authorities,
performing many duties. There remains a comparatively small
number of ad hoc authorities, to manage ports and rivers, or to
provide water supply. Some of these *are created by the joint
action of the ordinary local authorities; on others, both the public
authorities and private companies are represented. They are
suitable for handling technical problems, but, as 19th century
experience has shown, the multiplication of them leads to con¬
fusion. To-day, the Central Government finds a substitute for
them by requiring that particular local authorities shall act as
housing authorities, education authorities, and so on. Thus a
Borough Council can be several authorities in one, e.g., a sanitary,
a highway and an .education authority. It is for this reason that
local authorities find it essential to divide into committees. The
full working of this system, and its relation to the genera! problems
of politics, can be best understood after a survey of the social
services has been made.

BOOKS:

*J* J* tXARKE. Outline of Local Government of the United Kingdom .

E. bright ashford. Local Government; A Simple Treatise,
(National Union of Ratepayers Association's).

CHAPTER XVIII

THE SOCIAL WORK OF LOCAL
AUTHORITIES

Health

General Health Measures ■

Treatment of Illness
Maternity and Child Welfare
Education

Elementary Education
Higher Education
Housing
Planning
Public Assistance

HEALTH.

The public has learnt from experience the need for health
services. The prevalence of Plague* and lesser diseases* in the
Middle Ages is well known; the precautions taken to prevent
their' spread were sketchy* and although records show that
municipalities fought constantly against the dirtying of streets*
the connection between disease and dirt* and the dangers of
infection* were not fully understood. As late as the end of the
18th • century* hackney coaches plying for public hire* would
take 'a sufferer to a fever hospital and return straightway to
their regular work. It was* however* just at this period that
considerable advances in* medical knowledge occurred* of which*
unfortunately* too little use was made when the factory towns,
of the Industrial Revolution were being built. Doctors protested
in vain against the erection of ill-ventilated houses* subject to
flooding* and unprovided with any sanitary arrangements* while
the factories polluted the water supply with their refuse. Outbreaks
of cholera showed the danger in which the country stood* and“

280

282 • THE BRITISH APPROACH TO POLITICS

their work;' possibly in the future water supply may become a
national service. -

Besides providing water, the local authorities take control of
wells and other small natural supplies to see 'that they are fit
for use, and make by-laws to protect the .water froip contamination
and waste/ The cost of the whole service is usually met by a
special water rate. Urban authorities frequently encourage the
use of water by providing baths and public laundries. As housing
has improved, and more people have acquired baths and facilities
for clothes-washing at home, they have come to make less use of
'this public service. A Borough Council which wants to,see its
baths well patronised, finds it necessary to equip them for
swimming sports and provide tuxkish and foam baths, and other
kinds of remedial treatment. When suitable land can be obtained,
an open air swimming bath is usually a successful venture.

Similar problems of engineering and purchase of property
beset -the task ■ of removing .refuse and disposing of sewerage.
The health authorities supervise all building to see that nothing is
erected in places which the -sewerage system has made unhealthy,
and that no buildings lack sanitation. The house to house
collection of refuse is a special urban problem. In some towns
may be seen rows of dustbins in the streets awaiting collection;
the bins may: then be emptied into a horse-drawn cart with the
top only half covered so that much refuse blows about the streets,
which, if the local authority is equally unenthusiastic about open
spaces, will be the chief playground for the children/ In better
.governed towns there will be motor vehicles, so equipped that
the whole task is performed with speed and cleanliness. Such are*
the criteria by which local Government is judged. Another source
of disease is impure food. The health authorities appoint Sanitary
Inspectors to visit shops, and take samples of food for the Public
. Analyst. A regular item on the agenda of Council meetings is
' the report on these activities. ■

2. Treatment of illness. ’ For this section of the health services,

the County and County Borough Councils are the responsible

upumsii} am mt

t there were many
er could proSt by

es took advantage

fc* and by the end

ion. The 1936 Act

education restxm-

TH8 SOCIAL WORK OF LOCAL AUTHORITIES 28 $

Minister of Healths so need act fear to point out facts which may
be distasteful to Ms immediate employers.

EDUCATION.

Public educations like the public health services 5 began as a
matter of necessity and has been developed by public spirited
people as something desirable in itself. Early in the nineteenth

286 ■■ THE BRITISH. APPROACH TO POLITICS '

areas; County Councils have charge of secondary education and
elementary''education outside the larger boroughs and urban
districts. Since 1.9313 however, areas, which reach the status of a
Borough or an . Urban District, ; do ' not become education
authorities, and some Districts have voluntarily handed the work
to the County.

. 1, Elementary Education . Ail children are compelled by Jaw
to attend 'elementary schools from the age of five to the end of
the term in which their fourteenth birthday occurs, unless they
are receiving suitable instruction elsewhere. For physically and
mentally defective children there are special schools where they
stay till they are sixteen. The authorities must provide education
between these ages, free of charge, appoint Attendance. Officers
(still frequently referred to as “School Board men”) and bring
parents who keep their children from' school before'.the magis¬
trates. ^ A fine may be inflicted, and in extreme cases, the child
may be sent to one of the Industrial Schools controlled by
the Home Office; The majority of' elementary schools are
“provided”, i.e., entirely under the control of the local education
authority, which builds and furnishes- them, and appoints the
teachers. For every group of schools, there- is a body of managers
—-voluntary workers appointed by the education authority, and
by minor authorities in the -district. The managers make regular
visits to see that laws and by-laws are kept, recommend appoint¬
ments of teachers, attend the school functions, and so act as a
link between the staffs of schools, and the parents and ratepayers.
The only religious teaching in provided schools is the study of
the Bible which must be pursued without any attempt to inculcate
the principles-of any particular denomination. There remain the
non-provided schools, which have been erected by religious
bodies—chiefly the Church of England and the Roman .Catholic
Chuxch-^-but must be maintained by the local authority. Here
denominational religious instruction is given and teachers are
appointed for that purpose by the school managers, a majority
of whom represent, the religious body; all other instruction is

THE SOCIAL WORK- OF LO€AL : .' AUTHORITIES ' 287

under the. control of the local authority. Plans to increase education
which require fresh schools are always complicated by the requests
of the denominations for financial help/so that parents shall not.
have to send their children to schools whose religious instruction
they consider inadequate.. Beside the “three RV* elementary
education comprises history* geography, nature study, physical
exercises, hmdicrafts and domestic subjects; the local authority
decides how much freedom to give to the head teachers, but the
syllabuses are -supervised by the local Director of Education,
and by the. Board of Education. Great development has occurred
since the War m .a variety of subjects, and the parent who
remembers his own- limited education is often surprised at the
number of activities Ms children now pursue. As a result, school
discipline has been humanised,'and the -suspicion and hostility
with wMch parents used to regard the education authority is
fading. There can be no doubt that the great majority of children
enjoy school, though as the age of fourteen approaches there is
a natural tendency, particularly among boys, to look forward to
the time when they will be earning money. •

In 1924 a Committee on Education was appointed, under the
ChairmansMp of the late Sir Henry Hadow. It dealt, in a series
of reports, with the education of children of various ages: in
accordance with its .'proposals, schools are now being re-organised,
so that at the age of eleven the children are divided according to
their abilities. Some proceed to secondary schools, others to the
advanced type of elementary education, given in central schools
where foreign languages and commercial subjects are added to
the curriculum. Those for whom examination success does not
open either of these doors, or whose parents cannot afford to pay
for further education,, go on to senior elementary schools. It was
the intention of the Hadow Committee that the school leaving
age should be raised to fifteen, and until this is done the senior
course cannot be fully developed. An Act wMch is to come, into
force in 1939 does raise the age to fifteen, but children who can
find “beneficial employment” will still leave' at fourteen, and it-

288 THE BRITISH APPROACH TO POLITICS

is expected that these will be a large proportion of the whole.
It is usually easy for children leaving school to find work, but
often they will be replaced when they begin to want a higher
wage by fresh school leavers, and so find themselves without
work or training. This is a powerful argument for raising the age,
quite apart from the fact that at fourteen the child’s faculties
have only begun to develop. On the other hand, many parents,
though they know that farther education would enable their
children to get better employment, find a real difficulty in
keeping them at school, when they might be adding to the family
income; this could be overcome if maintenance allowances were
granted for the years of school life after fourteen.

In addition to classroom instruction, the authorities have to
arrange for regular medical inspection, and they can provide
school meals at a small charge, or free when the parents are poor.
Further possible extensions of activity are the arrangements of
school camps and Journeys, and the provision of nursery schools
for children under five. The Children and Young Persons Act.
imposed more dudes on the elementary education authorities;
they must see that the restrictions on the employment of children
are observed, and must co-operate with the Juvenile Courts.
In all their activities the authorities are greatly helped by
voluntary workers serving as School Managers, or on Care Com¬
mittees, or helping school leavers to obtain good employment;
and most teachers organise games and other school activities in
their leisure time.

There are private schools, run for profit, for children of
demeatary school age, whose parents care to pay. Some, including
those which prepare pupils for the Public Schools, maintain a
high standard, but there are many which struggle along with
inadequate staff and equipment.

2. Higher Education. The secondary schools keep their pupils
till at least the age of sixteen; a number stay till they are eighteen
or nineteen, and ti*en often proceed to a University. The more
advanced study winch distinguishes secondary education requires

X

cnuare n are

s is being

controlled b]

tnese ate m
ducation mt
of the oldest
al foundatio

when the

a secondary school me gresi majority ox pup u»
mutf schools, whence also a limited number
tm the Public Schools. The latter* however* are

from the private preparatory schools. Thereto
systems of education* fox 'the tidier and poorer

Iy e As to quality, of education, there is little to

Public Schools md others, though the greater
f the former gives them an advantage. A Pubic
is regarded as a sock! distinction, and is a help
ain kinds of employment^ the political impli-
ive alreadv been remarked.

290 THE BRITISH APPROACH TO POLITICS

Trade, art and technical schools provide higher education in
subjects for which the ordinary secondary school cannot
satisfactorily cater. A number of pupils, when they have begun
work in industry or commerce, continue part time education
at evening institutes, or, if ffieir employment permits, at day
continuation schools. It was the original intention of the 1918
Act to make attendance at day continuation schools obligatory,
but these provisions were never enforced. At present, secondary
education, both whole and part time, is not available to more
than one quarter of the children of suitable age and it is the desire
of most educationists to make it universal, raising the school
leaving age to sixteen. Such an extension would involve a change
in school curricula; to-day, secondary education is in the main
a necessary prelude to the better paid jobs; it could become an
instrument for raising the general intelligence of the nation,
in accordance with the needs of an age of increased leisure.

All publicly controlled or aided schools are inspected both by
the local education authority, and by the Board of FAnratjnr^
which makes grants provided the service is efficient. The great
majority of other schools also submit themselves to the Board’s
inspection, since this keeps them in touch with the general progress
of education.

Universities originate from private benefactions, but receive
considerable help from the State, and co-operate with local
authorities in providing adult education classes, and in training
teachers.

For adult education there is a large and growing demand.
Some people wish to acquire special knowledge which will help
them to obtain better-paid employment, and make progress in
their work. Many desire a wider knowledge of the arts, and the
social and natural sciences, either for pleasure or to enable them
to take a greater interest in public affiiirs. The local authorities
try to meet this need by establishing institutes, co-operating with
the Universities and assisting colleges founded by private people
to extend their activities. A private body the Workers Educational

THE SOCIAL WORK OF LOCAL AUTHORITIES " 291

Association, takes an active part in this work: and the co-operation
of trade unions, political parties and other organisations is sought.
There is thus extensive opportunity, for those' who cannot go to
a University, to secure .a comparable education.; or, at the least,

to find an interesting and' profitable use for their leisure. Special
effort has been made - to promote the use of these facilities by
unemployed people, so that they shall not feel that separation
from the life. of human society which is one of the most dangerous
results of unemployment.'

The quality of a local education authority may be judged by

the school buildings and equipment, and lie opportunities for
higher and special education which it'provides, and by the extent
of its co-operation with 'parents, teachers, and employers. In all

these respects, there are . wide differences throughout the country.

HOUSING.

Collective action -about housing is in origin a department of

health activities. Bad houses,- like bad food, cause ill health, and
the condition of houses offered for sale or rent must be subject
to inspection as much as food in shops. The principle, however,
is not so easily applied to housing; if any dwelling is destroyed
as unfit for habitation, the occupants must be re-housed; the
provision of houses by local authorities creates .complex financial
problems; attempts to establish a high standard of building, and
to check exorbitant rents, may .discourage private enterprise,
from house building. The -growth and movement of population
and the wartime neglect of housing, add to the difficulties. Since
the War there have been some half-dozen notable housing Acts,
most of whose provisions have been summarised in the Housing
Act 1936.

The housing authorities are the Borough and District Councils.
Their first duty is the inspection of houses, to see that they are
fit to live in, and from the information thus obtained, the authority
can decide what further policy is necessary. The Medical Officer
of Health is responsible for seeing that the inspections are made

294 THE BRITISH APPROACH TO POLITICS

for considerable argument about the value of the site. Some
precautions are necessary; it is obviously unfair that a man
should be required to effect repairs and then be told soon after¬
wards that even so the house is not fit to live in; and against this
there is a legal safeguard. But as the law now stands, it is more
likely to conflict with the public interest by delaying local
authorities, than by injuring owners of property.

Houses- which are in themselves satisfactory, may be over¬
crowded to a degree that threatens health and decency. The 193^
Act gives a,legal definition of an overcrowded house, as one in
which the number of persons exceeds two per room. For this
reckoning, children under ten count as half a person, and babies
nn Hpf one, not at all; on the other hand, the permitted number
is less for rooms under no square feet in area, and in dwellings
containing between one and five rooms. Where the local
authorities find legal overcrowding, they must require the
householder to put an end to it, and prosecute him if he has not
done so after three months. During I 93 ^> th e local authorities
carried out an inspection of nine million houses, of which only
3.8 per cent, appeared to be overcrowded. But the standard set
is not high, and many houses, are overcrowded to the point of
serious inconvenience while keeping just within the legal limit.
Moreover, the figure quoted is an average, and does not by itself
give a true picture; in Sunderland, for example, 20 per cent, of
the familie s were overcrowded, while in Bournemouth the
percentage was only 0.3.

Unless there is an abundant supply of new houses, slum
clearance is only of limited value, and the punishment of over¬
crowding an absurdity. Since the War, over three million houses
have been built,, and one-third of the population rehoused—an
accomplishment without parallel in any other country. But,
while the great majority of these are cheap enough for the
better-paid sections of the working class, the supply for the poorer
sections, who suffer most from overcrowding, has been seriously
inadequate. It is not profitable for,private enterprise to build

THE SOCIAL WORK OF LOCAL AUTHORITIES 295

proper houses for a rent of seven or eight shillings a week and
successive Governments have tried to meet this situation by
assisting private enterprise, and by granting subsidies to local
authorities in respect of new houses built. Conservative Govern¬
ments have put their faith chiefly in private, and Labour
Governments in public enterprise; the alternations of policy have
increased the difficulties. Skilled workers in the building industry
will be naturally reluctant to agree to any increase in their
numbers by relaxation of trade, union rules, unless there is an
assured policy of continuous building to provide employment.
Throughout the .country to-day, there are houses built by local
authorities in accordance with the provisions of the 1919, Addison
Act, the 1923 Chamberlain Act, the 1924 Wheatley Act, and the
1930 Greenwood Act. Each of these Acts made grants to local
authorities, and the 1935 Act provided up to £5 for twenty years,
in respect to every house built to relieve overcrowding. In the
countryside the grant was from £2 to £%> while the difficulties
of large towns, ' where land is expensive, were met by special
grants for flats. Since this last Act came into force, the local
authorities have not been obliged to keep separate accounts for the
houses built under successive Acts, but pay all the subsidies into
a Housing Revenue Account. The authorities are now required
to consider housing conditions from time to time, and frame
such schemes of house building as they think necessary. These
schemes have to be submitted for the approval of the Minister
of Health, and the local authority then proceeds to build and to
make rules concerning rent, conditions of tenancy, and the
management of the property. There is much ..variety. in, and
argument about the type of accommodation provided. Flats are
open to criticism because they do not secure as much privacy
for the individual family as houses; not all the tenants can have
a garden of their own; those on the top floor of a five storey block
find the climb laborious, particularly if there are young children
and perambulators. A crowded city, however, has to choose
■ between flats near the centre and houses on the outskirts, where

296 THE BRITISH APPROACH TO POLITICS

the land is cheaper, but where the tenants will be burdened with
travelling expenses. In. deciding the size of rooms, the quality
of materials, and the amenities of an estate, a balance has to be
struck between the need to keep costs—and consequently rents—
down, and the desirability of planning dwellings in which the
tenants can take a pride, and which will be in future a credit to
the locality. It is frequently suggested that when people are
moved from slums into good houses, they turn the latter into slums
by their dirty habits. The behaviour of a handful of tenants has
provided material for innumerable stories of the “coals in the
bath” type; but experience shows that the enormous majority
of families will take good care of any dwelling worth caring for.
One of the most serious problems is concerned with the incomes
of the tenants. It is not the business of a local authority to provide,
out of a public subsidy, dwellings for people who could, without
inconvenience, get privately built accommodation and pay a rent
determined on ordinary commercial principles. On the other
hand, an authority cannot admit a tenant without reasonable
grounds for believing that he will be able to pay the rent. A
number of authorities charge different rents for the same accom¬
modation. These differential rents may be graded on a definite
scale according to the tenants’ incomes, or they may. be only
temporary rebates to those who have fallen out of work. The
system has the great advantage of ensuring that the subsidy is
apjpiied for the benefit of those who most need it, and experience
shows that it can be successfully worked. It does, however, make
the administration of municipal housing more difficult, and,
unless the details are both just and easily understood, it can create
ill-feeling among tenants who see their neighbours paying a
smaller rent than themselves.

PLANNING.

Although the post-war building of houses has not yet removed
slums or overcrowding, it has been great enough to change the
face of the country in many areas. Combined with the develop-

THE SOCIAL WORK OF LOCAL AUTHORITIES 297

ment of industry and the extension of the road system, it has
forced on the consideration of local authorities the need for
planned development of land. Under the 1932 Town and Country
Planning Act, the authorities may,—and if the Ministry of Health
requires it, must—prepare schemes for the land in rhH r areas
where new building is proceeding. With the object of preserving
the health, beauty, and historical interest of a district, the scheme
*can protect trees, open spaces and buildings from interference,
and control the character of new buildings. There are powers to
prevent the disfigurement of the countryside by unsightly
advertisement, and these are extended by an Act of 1935. The
schemes require the Minister’s approval, and agreement must be
reached with property owners about compensation for land, or
for hindrance to their plans. People aggrieved by regulations made
under the scheme, may test the necessity and fairness of them by
going to court. Although by now one-third of the area of Britain
is in the process of planning, the legal difficulties and vested
interests cause the work to go slowly, and a good deal of mischief
has already been done; sections of the New Forest, for example,
have suffered severely from the. uncontrolled erection of
bungalows, shops and corrugated iron shacks. If local authorities
are going to make increasing use of their powers, they will need
the advice of competent architects, such as the smaller authorities
are not always able to secure. The Act provides for joint com¬
mittees to be formed from several authorities, but the full
development of planning probably requires a larger local authority
than is to be found in the present system.

.PUBLIC ASSISTANCE.

1 The relief of the poor was originally the duty of the Parish,
and later of Guardians, elected ad hoc by Unions of Parishes. The
1929 Act abolished the Boards of Guardians, and transferred
their powers to the County and County Borough Councils. The
"'famous Poor Law Act of 1601 recognised that the poor should be
classified according to the cause of their poverty, and the treat-

298 . THE BRITISH APPROACH TO POLITICS

ment adapted to each group* but this principle was often dis¬
regarded in 'practice. The aim of reformers in modem times has
been to- “break up the Poor Law 59 and have the aged* the infirm*
the unemployed and other groups* each- treated in an appropriate
manner. This aim is gradually being achieved. Old Age Pensions
provide some help for part of the problem; hospitals are becoming
a separate local Government service; welfare and education'
authorities deal with the young. Part II of the 1934 Unemploy¬
ment Act has-made the care of the able-bodied unemployed a
national concern. The Public Assistance Committees which the
County Councils are required to set up* are left with the care of
those whose poverty is not due to unemployment, and who have
not* for one reason or another* been transferred to other Com¬
mittees. To these persons* who number about one and a quarter
million* the authorities may administer out-relief* i.e.* money or
tickets with which food* etc.* can be obtained. The amount of
relief must be determined by considering what means either the
applicant* or the members of his family possess. The Ministry of
Health has issued regulations telling the authorities how far they
are to take into account money which applicants may be getting
from health insurance* friendly societies* and the like. The aim
of the Central Government is to make the condition of recipients
of Public Assistance* similar to that of the unemployed who come
under the Unemployment Assistance Board, Local authorities
however* still exercise considerable discretion in their interpreta-
. tion of the law* and in the provision of special forms of relief*
such as winter coal. For the administration of Public Assistance*
a number of Relieving Officers are employed to whom the
destitute make application; throughout, the country are com¬
mittees appointed by the Councils* who determine each case
subject to the Council’s instructions. So large is the problem* in
some areas*'that the Councils have to be careful that real control
does not slip out of their hands. Continued poverty does not as a
rule improve a man’s powers of stating his case clearly, and
Relieving Officers and local committees* harassed by the number

THE SOCIAL WORK OF LOCAL AUTHORITIES 299

of cases, may be tempted to deal with them as rapidly as possible
without much sympathy, or anxiety to see that the applicant gets
Ms Ml legal rights. The authorities may refuse out-relief, and
tell the applicant that if he wants help he must go into an Institu¬
tion, previously called the Workhouse. This treatment is not, as
a rule, desirable for married men, and will not be much use to
anyone, unless it provides opportunities for industrial training.
The. old-fashioned ..Workhouse' was primarily planned to make
life so unpleasant that, no one would go there if they could help
it. The objects of modem policy are humane treatment and help
to regain employment, but the amount of progress made along
this road depends on the character of the local authority.

BOOKS: ■

Reports of the Hadow Committee:

Education of the Adolescent , 1928..

The Primary School , 1931.

Infant and Nursery Schools ,' 1933. ' . .
j. j. CLARKE. Social Administration.

E. d. Simon. The Amt-Shm Campaign .

laskz, robson and JENNINGS anj> others. A Century of Municipal
Progress 3 1835-1935.

*TAWNEY. Equality.

CHAPTER XIX

METHODS AND PROBLEMS OF
LOCAL GOVERNMENT

Finance

Rates

Grants-in-Aid

Municipal Property and Enterprise
Loans

Management

Committees and Meetings

Councillors

Officers

Parties

Relations with Centra! Government
Regionalism

FINANCE.

The local authorities spend every year a ■ sum approaching
£500,000,000. As they are not sovereign bodies the ways in
which this money is raised and the accounts are kept, are fixed by
law. The best known source of local income is (i) Rates . These

are levied by the rating authorities, which are the Boroughs and
Districts. The Counties and Parishes secure their money , by
making a precept oh the rating authorities, i.e., requiring them
to collect a certain amount in addition to their own needs; for
ordinary purposes, a Parish Council cannot require more than is
produced by a fourpenny rate, but a Parish Meeting may double
this sum. Every rating authority sets up a Rating Committee,
which has to decide the rateable value of all properties, or
hereditaments, as they are called, in the area. This is an extremely
complicated task, and the method by which it is tackled varies
with the different types of property. Where the property is of a'

Boo

METHODS AND PROBLEMS OF LOCAL GOVERNMENT 301

kind that is, commonly let at a rent, e.g., a house, the rent which
a tenant would pay is the starting point of calculation;
alternatively, the cost of site and building will be calculated,
and the rateable value will be* the annual interest on this total.
Another method is to take the amount of money which the
property has earned in previous years as the basis. When, from
the values so calculated,: deductions have been made to meet
’ the cost of keeping the premises in repair, a figure appears
known as the rateable value. Then, if the rateable value of a
house is, for example, £100, a penny rate means that the occupier
will pay 8s. 4d. a year. Areas which contain depressed industries,
and many poor and unemployed people, will clearly have the
heaviest expenditure on social services; and the high rates which
they are obliged to charge will discourage new industry. So the
whole area may be caught in a vicious circle, the high rates and
the poverty being both cause and effect of each other. Such'a
situation has been partly remedied by the de-rating policy of the
1929 Act, which provided that no rates should be charged on
agricultural properties, and that factories, workshops, and freight
transport undertakings should be reckoned at one quarter of their
rateable'value. The result of the Rating Committee’s work is a
Valuation List, which informs each owner of a property, of the
sum at which it has been assessed. Those who consider the
assessment too high, can appeal to the Assessments Committee.
The County is divided into Assessment Areas, which are some¬
times the same as Rating Areas, but country districts are grouped
for this purpose by the County 'Councils. The Assessments
Committee is composed of people appointed by the rating
authority, and by the County Council; County Boroughs appoint
their own Committee, but one-third of the members will not be
Councillors. No one may belong both to a Rating and an Assess¬
ment Committee, so that the latter may be an independent body
capable of judging the appeals fairly. The County Councils further
appoint Valuation Committees to survey the work of assessment,
and try to get the same methods adopted throughout the County.

3°2 THE BRITISH APPROACH TO POLITICS

The Valuation List has to be revised every five years, and after
each Quinquennial Valuation there will be a crop of appeals for
the Assessments Committees to hear. There is a right of further
appeal to Quarter Sessions, but this is much less frequently used.

Rates are paid by the occupiers of premises, and most occupants
of smaller houses pay them, together with the rent, to the land¬
lord, who hands them on to the local authority. If people find
that rates throughout the country are rising they will be less
inclined to buy or rent houses, and the slowing down of building
will mean a smaller demand for land, and less rent for the ground
landlord. So, though the question of the full effect of rates is
disputed amongst economists, it can be said that any change in the
rate is felt at first by the occupiers of the premises, but that in the
long ran the burden is shared between them and the ground land¬
lords. One obvious injustice in rating is that the size of a man’s
house is not necessarily an indication of what he can afford to pay;
a rich man may occupy a small house because he prefers to spend*
Ws money in other ways. The present system, however, is likely
to persist, no doubt with constant modification, for some time
to come, because of the difficulty of devising an alternative.
If people were rated as they are taxed, according to their total
income, would they pay to the local authority for the area in
which they live, or where .they worked, or where the property
from which they drew their income was situated? No doubt it
could be arranged that one of these should collect the rate, and
then make payments to the others, but the complexities would
be great, and the advantages to be gained have not yet been
shown to be large enough to make the change worth while.
Another suggestion is to transform rates into a local tax on the
value of land. This would provide the community with a satis-
actory income, and any increase in the ^prosperity and land
values of the area would directly benefit the local authority.
Here also,-the chief difficulty is that of administration. Meanwhile
the drawbacks of present rating are reduced by the existence of
other sources of local revenue.

METHODS AND PROBLEMS OF LOCAL GOVERNMENT 303

(2)- Grants-in-Aid. If a local , authority keeps its roads in good
repair, and its streets well lit, the people who benefit most are the
local residents, and it is reasonable that they should pay at least
part of the cost. But they are not the only beneficiaries; the
population' of Manchester, for example, is supplied with goods
carried to it along roads in the care of the surrounding authorities.
An authority which pursues an active education policy produces
a supply of well-trained citizens who, as/they grow older, may
scatter all over the country* National, and local benefits cannot
be separated into watertight compartments, and in recognition of
this fact the Central Government makes grants to the local
authorities* Before the 1929 Act'there were many separate grants,
each for some service managed by the local authorities. The
de-rating policy reduced the yield of the rates, so that some com¬
pensation from the Central Government was necessary, and this
provided the opportunity for a general revision. It was decided 'that
a General Aid Grant should be made by the Ministry of Health for
the Health, Welfare, Highway and Public Assistance services; its
amount, for each Comity, to be determined by a formula which
took into account the population, the total rateable value, the
number of children under five, the proportion of unemployed,
and the number of miles of road. The amounts now paid are a
compromise between this formula and the amounts lost through
de-rating; the formula will come into full operation in 1947 and
the size'of the g^ant will be reconsidered every five years..The
General Aid Grant is. paid, in the first instance, to Counties and
County Boroughs; the former distribute it to 'their subordinate
authorities according to population, urban areas receiving five
times as much -per head as’rural areas. The Ministry of Health
also makes the grants for housing already described. Another
formula fixes the grant paid by the Board of Education to local
education authorities; it is based on the number of children
attending school, the. rateable value of the area, and a percentage of
the cost of various education services. Half the expenditure on
Higher education is met by grant. This principle, that the grant

304 THE BRITISH APPROACH TO POLITICS

should be a percentage of expenditure approved by the Central
Government, is adopted by the Home Office, and by the Ministries
of Transport, Labour, and Agriculture for the services with which
they are concerned, and by the Treasury for the task of compiling
the Voting Register; the percentages themselves vary with the
type of service. In total, Grants-in-Aid’provide the local authorities
with approximately £125,000,000,

(3) Municipal property and enterprise. Local authorities, like the
Central Government, can own property, and carry on under¬
takings which bring in an income. Many towns receive rents from
land, and under the 1932 Planning Act this practice is spreading.
Charges are made for baths and similar services; it is not intended
that these should cover the cost but they help to reduce the
burden on the rates. But when the municipality runs an electricity
undertaking, or a tramway service, it is expected that the charge
will at least cover the cost. It may, indeed, be so arranged as to
provide a surplus, but this means that the people who use the
services are subjected to a kind of local indirect tax, which, if
they form only a section of the community, will be unjust. Most
municipal services are of a kind* that the great majority of people
use, and which would otherwise have to be run by a private
monopoly. If, without charging higher prices than private enter¬
prise would charge, the municipality can make a surplus, there is
ground for general congratulation. Municipal trading is some¬
times extended beyond public utilities; the electrical undertaking,
for example, may supply electric fittings as well as power, and
special Acts have enabled particular municipalities to run services
other than those generally permitted. Most famous of these is
the Birmingham Municipal Savings Bank in which nearly one-
third of the city’s population are depositors. When local
authorities are carrying out street repairs or other work, they
can decide to employ “direct labour”, i.e., conduct the work
themselves, instead of inviting tenders from private contractors.
All these activities are the subject of controversy, in which some
of the same arguments appear as in the discussion of the

METHODS AND PROBLEMS OF LOCAL GOVERNMENT 305

Capitalism-Socialism issue. But the immediate question for local
residents is simply, who provides the service most cheaply and
efficiently? The answer can only be found by examining- the facts
and figures of each case. If the evidence is in favour of the local
•authority, the citizens can enjoy either lower rates, or lower
prices for the service; if the latter, they will have more money to
spend as they please, and so 'add to the prosperity of their
area.

(4) Loam . Much of the expenditure of a local authority recurs
every year, and must be met out of annual revenue from one of
the sources mentioned above. Often, however, building has to
be done, or public services started or re-equipped, and the
benefits of the capital expenditure will continue for many years™
benefits either of added health and comfort, or actual money
revenue. For such purposes, it is' financially sound to borrow
money, and the authorities do this by getting an overdraft from
the hank like a private person, or issuing stock like a company,'
or mortgaging some of the municipal property. Since the repay¬
ment of loans is guaranteed by the Government, local authorities
find that they can borrow more easily and cheaply than private
concerns. Naturally, the law describes the purposes for, which
loans may be raised, and the conditions of repayment. For every
loan permission must be obtained from the appropriate Govern¬
ment Department, which sees that the law is being observed,
and approves the.details. Most loans have to be repaid in sixty
years or less, but for housing loans a maximum of eighty years
is allowed. The total debt of local authorities reaches nearly
£13500,000,000, about one-third of winch is for housing.

Management. A County Council is compelled by law to appoint
a Finance Committee, and other local authorities, except Parishes,
almost invariably do the same. Every year, the other committees,
in charge of activities which cause expenditure, frame estimates
which the ^Finance Committee examines, generally trying to see
if they can be reduced without fundamental alteration of the
policy approved by the Council. The Finance Committee, m

other than rates. From this follows the amount which the Council,
if it is a precepting authority, will have to require from the
rating authority. The latter must add'these precepts on to its
own needs,.and decide what rate in the ■£ to levy. Economy, in
local as in national Government, is in part the careful comparison

diseases.

The annual Audit helps to secure economy, but its chief purpose
is to see that money is not devoted to projects which are ultra
vires, beyond the legal powers of a local authority, or spent with
such extravagance that die needs of the legal services are obviously

ided into Audit Districts, for each

METHODS AND PROBLEMS' Of LOCAL GOVERNMENT 307

and the indebtedness of the Council® If the Auditor finds any
illegal expenditures lie-surcharges it, i.e., requires the Councillors
to pay it themselves; the Council can appeal from such a decision
either to the Minister of Health, or to the High Court. The Audit
is held in public, so that any ratepayer can attend, and express
> Auditor Ms opinion about the legality of any item. Some
Boroughs submit their accounts to the District Auditor, others'
have and use the right of a separate Audit; two Auditors, not
members of the Council, ;are then elected by the ratepayers, and
a third is appointed from among the Councillors by the Mayor.
A third method, for Boroughs, is to employ the services of a
professional Auditor. All local authorities must publish a state¬
ment of their accounts for the ratepayers? benefit, and send in a
return to the Minister of Health..

COMMITTEES AND MEETINGS.

Local'' authorities are sometimes -said to be administrative and
not legislative bodies. Certainly they cannot alter the law of the

land, and can only add to it such by-laws as the Government
permits, and as are necessary for their work. But the phrase

must not be taken to mean that they are mere tools of the Central
Government. A council bases its actions on a series of decisions
as to how far it will use its powers; the making of these decisions
is comparable to a legislative act. Administration, however,
predominates, and for this reason Councillors group themselves
into committees suitable in size for detailed discussion. Some
committees are Statutory, i.e., the law requires them to be
appointed. When the law designates the Council as the authority
for a particular social service, it orders the appointment of a
committee. For County Councils there is a large number of
Statutory Committees—Finance, Education, Health, Welfare,
Agriculture, Public Assistance, and several others; the lesser
authorities, whether obliged by law or not, appoint committees
for each important service. Among other committees usually
appointed is one to recruit and keep in touch with the, councifs

308 THE BRITISH APPROACH TO POLITICS

staff, and’another—the- Law and Parliamentary—to arrange for
litigation, negotiate with the Central Government, and some¬
times promote Bills in Parliament. After an election, the
Councillors decide the membership of each committee according
to their special interests; where the Council is divided on party
lines, the proportions of the parties are preserved. The number
of Committees on which one Councillor serves must depend on'
the amount of work and the size of the Council. A useful, if
minor reform of local Government, would be to establish some
proportion between these two factors; at present the size of
Councils depends more on their past history than their present
needs. Where the work is great, and numbers permit, it is
convenient for a Councillor to serve on only one committee, and
specialise in its work. In smaller Boroughs, and Districts, how¬
ever,'a Councillor can usually find the time and acquire the
knowledge for two or three, and there is a certain advantage in
this, since the work of some committees is closely inter-related.
The Councillors on each Committee choose a number of rate¬
payers, not members of the Council, to work with them > these
co-opted members join in the discussion and the voting, but may
not number more than one-third of the committee. By this means
the Council can get help from people whose work qualifies them
to give advice .on one of the services, but who are unable to
become Councillors.

Each Committee elects its own chairman, but the choice has
usually been determined in advance by the Councillors as a
whole, or by the majority party. At its meetings, the committee
receives reports from the -Clerk and Treasurer of the council, or
their deputies, and from the officer concerned with their work.
Thus they learn how their plans for expenditure are working out,
and what items of Central Government policy affect them. All
the details of administration come before them—the consideration
of contracts, the maintenance of clinics and schools, the appoint¬
ment of doctors and teachers, the running of municipal enter¬
prises. Often the committees find it necessary to appoint sub-

METHODS AND PROBLEMS OF LOCAL GOVERNMENT 309

committees for such separate matters as supplies, appointments,
estimates of expenditure, and special branches of the work, such
as the medical work of an Education Committee. The reports of
sub-committees are examined by the committees, who in their
turn cannot make final decisions, but must report to the whole
Council; reports are gone through, section by section, questions
and discussion ensue, and each section is then either adopted as
Council policy, or referred back to the committee for further
consideration. Most of the time at Council meetings is occupied
by committee reports; in addition there will be correspondence
to deal with, and the chairmen of committees will be questioned
as are Cabinet Ministers in Parliament. For all Councils, there is
a Statutory minimum of four meetings a year, and other meetings
may be called by the Chairman or Mayor or at the dp-manA 0 f
several Councillors. County Councils may well find the Statutory
minimum sufficient; the Councillors often live far from one
another, and the status of the Statutory Committees malrw
frequent Council meetings unnecessary. In the Boroughs,
monthly, and sometimes forthightly meetings are necessary, and
when attendance at committees is added, the Councillor, even of
a small Borough, must expect to spend at least one, if not two or
three nights a week, on the work. The Councillor in a large
County Borough will find that his duties make serious inroads
into his time.

COUNCILLORS.

It is appropriate at this point, to repeat that Councillors are
unpaid. So far as the smaller authorities are concerned, a politically
healthy community should contain sufficient people willing to do
the work from a sense of public duty. It is, no doubt, easier for
a leisured person to be a Councillor, and there are probably a
number of people who would make good Councillors, but are
prevented by their hours of work. This problem is not, however,
sufficiently serious to make payment necessary, and if it were
introduced, it might attract less public spirited people into local

310 THE BRITISH APPROACH TO POLITICS

Government. The ratepayers, also, would feel less respect fi
paid Councillors, and this sentiment is logical enough when tl
work can reasonably be done in spare time. The duties of
Mayor justify a salary, and expenses for special work, such
representing the authority at a conference, should be pajd.
might be useful to compel authorities to use their power to ma
these payments; for if a town has-a tradition of non-payment.
Councillor who is not well-off will have either to decline soi
duties, or to put himself in the invidious position of asking to
paid for that which his predecessors have done for nothing. T
non-payment of members of the largest authorities is a serio
problem. It frequently ’ restricts membership to those of inc
pendent means, those who can control their hours of work, a
some married women.

Women, both married and unmarried, play a larger part
local Government than in any other political field. This is par
because the system of unpaid Councillors could not work with*
drawing on this large supply of talented energy, but there
other important reasons. The organs of local Government w
created at a time when the prejudice against women in put
affairs was weakening, and have been charged with work in wh
women have a special interest. Despite recent changes in so<
. habits, the work of the majority of women is the running c
home and the care of children. Any deficiencies in the housi
health, or education services, are therefore more immediai
apparent to women, and more constantly present in their mil
There has been much vague theorising, unsupported by fa
about the proper sphere for women. Professor Dicey, for exam-
in his famous work Law of the Constitution , justified the w:
Holding of a Parliamentary vote from women on the ground i
such a restriction “conforms to the nature of things”,
without making this, or any similar unproved assumption, one i
reasonably conclude that most women will be more interestec
the domestic and social services which preoccupy local authorit
than in, say, the organisation of industry, or policy with reg

METHODS AND PROBLEMS OF LOCAL GOVERNMENT 31I

to international trade. Even this proposition must be stated with
caution; the number of women in industry is growing, and trade
policies affect the cost of housekeeping. As the facts now stand,
however, it is correct to emphasise the greater prominence of
women _ in local, than in Central Government. The connection
has been mutually advantageous; the local authorities have
received valuable help, and the women have been able to
v demonstrate their capacity for politics. It is regrettable that many
local authorities still have no women—or very few—among
their numbers.

OFFICERS.

The scope and complexity of local Government make it
essential that the elected Councillor should be assisted by a paid
staff which may be divided into three groups. There is first the
Clerk and the Treasurer, who, with their subordinates, form the
Civil Service of the Town or County Hall. Their work brings
them into contact with every department of local Government;
by them records are kept, correspondence conducted, and the
local Budget prepared. Someone must do this,work for every
authority, though in most Parishes it will not provide full time'
employment, and in some there may be no paid official at all.
The second group comprises those with special knowledge of.
one department, e.g., the Director of Education, the Electrical
Engineer, the Surveyor. Under the direction of each of these, is
an administrative staff, and teachers, works managers, and other
specialised workers, not in such direct contact with the local
authority. It is difficult to say whether the Medical Officer of
Health should be placed in the first or second of these groups.
He is certainly a specialist, a doctor by profession, with a consider¬
able technical staff under Mm. But there are so many activities in
Ms field, that he is in constant contact with the whole Council
admimstration. TMrdly, there are manual workers, skilled or
unskilled—builders, dustmen, tramdrivers, labourers, many of
whom have not a definite status, but move between public and

w

312 THE BRITISH APPROACH TO' POLITICS

private employment. Councils are thus considerable employers of
lafaour 3 and their behaviour as such is one of the points on which
electors. have to' pronounce judgment. It is, however, the first
group, and the administrative section of the second, who make
up what is usually described as the local Civil Service. It is
surprising and regrettable that there is no general agreement
among authorities as to the recruitment and conditions of work
of their servants. Efficiency varies a good deal, and salaries are
affected quite as much by the views of the authority as by the
nature of the work. There are, however, several factors at work
to improve" this situation. A number of societies organise
examinations in the various types of local Government work,
and the results of these can be used as a guide by the local
authorities. The National Association of Local Government
Officers works to extend this system, and to bring some
unif ormity into conditions of service. Authorities may take
advantage of ah Act which permits them to arrange a Pension
Scheme for their employees. Since it is certain that local
Government activities will continue to grow, action by the
Central Government on the whole question will soon be
necessary.

Relations between the elected political chief and the permanent
official have been discussed in regard to the Central Government,
and most of the observations made apply also to local Govern¬
ment. Since the local Councillor is not only, like the Cabinet
Minister, dependent on electoral fortunes, but also a spare time
worker, he requires as a rule even more help from Ms officials.
The volume of legislation affecting local Government, and the
problems of finance can only be fully understood by those who
have made the study of them a life work. The status of the cWef
officials is demonstrated by their attendance at ■committee meet¬
ings, and the extent to which their advice is sought and followed;
this may be contrasted with the Committees of the House of
Commons where the views of the Civil Servant must be expressed
through the mouth of the Minister. If, however, the Councillor

METHODS AND PROBLEMS OF LOCAL GOVERNMENT 313

has the type of mind which can rapidly grasp facts and judge
their importance* he need not be a mere figurehead. The
permanent official can. advise about methods* and warn about
cost; but the making of constructive decisions rests with the
elected politician. The law of the land provides maxima and
minima of Council -activity; it is the Councillors themselves
who can determine policy between these limits. Only if they
are devoid of ideas* or lack the energy to study reports and
agenda will the locality be ruled by the officials. A Council
which has a clear policy in view will not be hampered for lack
of willing and competent officials* provided its conditions of
service are such as to attract ability.

Since a Council has so many jobs to give* from that of Town
Clerk to that of labourer* there is opportunity for corruption.
Responsible posts can be given to the friends and relatives of
Councillors* and work on roads and the like* to supporters of the
majority party. A similar opportunity arises when contracts for
public works are being granted; and a dishonest Councillor
might* in return for a bribe* reveal the future intentions of the
Council concerning purchase of property* to persons who stand
to gain from such ■ advance knowledge. The accusation that
municipal Government is corrupt is not infrequently made* but
it should be said that the amount of evidence produced is small.
A large proportion of this gossip must be ascribed to the malice
of disappointed contractors and defeated candidates for. the
Council* or to persons who lack interest in the public services
and dislike paying rates. It is always open to those possessed of
definite evidence to lay it before the Minister of Health, who
would certainly take action. From time to time* however* cases
arise which show that the level of honesty is not so high in local
as in Central Government. The apathy of electors makes it
easier for self-seeking people to become Councillors; the lack of
a uniform system of staff recruitment permits the occasional
entry into local Government service of officials who disgrace an
honourable profession. The wiser Councils handle the problem

314 THE BRITISH APPROACH TO POLITICS'

by. rigorous standing orders prescribing a routine to be observed
by committees in dealing with contracts and responsible appoint¬
ments; for ordinary labour they can instruct the surveyor to

supply his needs from the Employment Exchange. If standard
rules were universally adopted* the danger of corruption would
be lessened; but the best remedy is increased interest on the
part of the electorate.

PARTIES.

The party system which does much to stimulate public interest
m Parliamentary elections* is to be found also in local affairs*
though in a modified form. This is a natural* and in the main a
desirable feature. In every human character is the conflict between
the desire to preserve* and the desire to improve* between caution
and boldness* and as one element or the other predominates
men and women are inclined to one or another party. This factor
will operate in local as in national politics. From the account of
the work of local Government* if will appear that there are two
main questions in dispute—the desirability* first* of extending
municipal enterprises* .and second* of increasing the social
services with, the consequent increase of rates. These are simply
the local form of the chief questions of home politics—the
comparative merits of public and private enterprise and the
wisdom of altering the distribution of wealth by collective action.
Thus the Left* in local politics* stress the benefit of social services
to the community* while the Right draw their attention to their
effect on the rates. The Left advocate municipal trading* and the
use of direct labour* the Right claim that these practices lead to
inefficiency* and are. an invasion of the field of private enterprise.
The Left is* for the most part* the Labour Party* whose local
and national propaganda is closely connected. The Right appears
under a number of names* of which Municipal Reform* and
Ratepayers' Association are the most frequently used; their
organisation usually works in connection with the local Con¬
servative Association. On some Councils there is a Progressive

METHODS AND PROBLEMS OF LOCAL GOVERNMENT 315

Party, occupying a middle position; some contain a majority of
Independents, whose policy leans in some respects to the Right
and in others to the Left. For some years past there has been a
tendency for the policies of all groups other than Labour to
become unified, so that a two-party system is emerging. Election
figures show that the local and national fortunes of the parlies
commonly move together, but there are numerous exceptions to
this rule. Since local authorities cannot change the whole economic
system, the Left gets local support from people who approve
its attitude to social reform, but, not being Socialists, would
hesitate to support it nationally. On the other hand the Left is
handicapped by the difficulty of finding in its own ranks people
with sufficient leisure, or—for County Councils—able to afford
the expense. The Boroughs are the field of the keenest party
contests.

estates to the best method of sewage disposal, much time will

IIKlirMwIlillI

iiT

< .g

of what was happening. Anyone who surveys the whole work of
local authorities to-day, and tries to imagine it either undone,
or performed wholly by paid appointees of the Central''’Govern¬
ment, will need no further argument to induce him to vote.
But wnile the spread of knowledge could do much, there is one
reason, not so easily removed, for the electors' lack of interest,
bad local authority can cause inconvenience and danger, but
the last resort the State will always step in to avert disaster;
at a Parliamentary election the consequences of a wrong choice
■ 1 See Chapter X21.

BRITISH APPROACH TO POLITICS

METHODS AND PROBLEMS' OF LOCAL GOVERNMENT 319

the events of 1931 and, 1932. The Central Government was
resolved to cut down public expenditure., both national and
local. Opinions on the merits of this resolve rhigfat differ, but it
was the basis of Government policy, and the Government had a
Parliamentary majority. If the local authorities could nullify the
will of Parliament on a matter of this nature, the whole machinery
of Government would stop. But when the actual economies
required of local authorities, particularly in the public assistance,
and education services, were proposed, there was considerable
opposition, often cutting across party divisions. Some of the
proposals were modified, and, when the dust of battle had
subsided, it was clear that though the Government had achieved
its object, the policy had been improved by opposition. To put
the matter simply, Westminster and Whitehall must have the
last word on finance; but it will be a wiser word if they have first
listened to the opinions of Durham and South Wales on the needs
of the unemployed.' The same process could be discerned in the
discussion on derating and Air Raid Precautions. A measure of
independence in local Government is therefore of great value to
democracy. It provides a legal channel for opposition, it improves
the Government by criticism, it is an antidote to bureaucracy.
By its encouragement of civic pride it evokes unpaid service, and
so reduces the cost of Government. The experience of local
authorities who have made exceptional extensions of activity is a
guide for future policy. Above all, it increases the number of
people who have experience of administration, and are thus
trained to criticise intelligently, and to value liberty. Dictators
arc well aware of these facts, and invariably curtail or destroy
local autonomy.

REGIONALISM.

On this ground the aim of British policy should be to increase
the powers of local authorities as far as possible. But public
opinion is demanding a higher minimum standard of social
service such as the poorer authorities find it difficult to reach.

320 THE BRITISH APPROACH TO POLITICS

At the same time, there is the growing importance of Town and
Country Planning, and conflict of authorities has already shown
itself as a hindrance to this service. One solution proposed is the
division of Britain into a dozen, or a score of Regions, which might
supersede and inherit the functions of the Counties. They could
become the authorities for planning, highways, water and other
public utilities, public assistance, and some of the health services.
Local independence would not then involve the danger of neglect 1
because authorities were too small, too poor, or unable to employ
a sufficiently talented staff. Opposition might be expected from
County Boroughs whose independence would necessarily be
diminished. If however, the Region could attract sufficient loyalty
and interest, its size would enable it to perform services with
more efficiency than is obtained at present. It is not likely that
any wholesale reorganisation of local Government on these lines
will be made in the near future; much recent legislation is based
on the assumption that the present authorities will continue to
exist for a good many years. Here, however, the possibility of
making local experiments may prove useful. Because the Tyne¬
side district is a Distressed Area, attention is called to the fact
that although it is in reality one great town it falls into fourteen
local Government divisions; two are County Boroughs, and of
the rest, some are under the Northumberland, others under the
Durham County Council. A Royal Commission was 'appointed
to consider the problem. Its members were all agreed that
Tyneside should become a single County Borough; and the
majority recommended that this new city should, together with
the rest of Northumberland, form a Region. To this the advocates
of Regionalism objected that, the proposed Region was far too
small. If Tyneside did not enjoy considerable independence, the
advantage of creating a single city would disappear; but if it did,
it would overshadow and impoverish the rest of the Region.
There would, however, be a place for Tyneside in a larger
Region, perhaps including. the four northernmost counties of
England. It does,appear that Regionalism is a project to be kept"

METHODS AND PROBLEMS OF LOCAL GOVERNMENT 321

in mind, and that its details should be more fully worked out in
readiness for the time when widespread renovation of local
Government becomes imperative*

BOOKS:

*sir E. Simon. A City Cotmcil from Within .
morrell and Watson. How York Governs Itself.

L. hill. The Local Government Officer .

CHAPTER XX

LONDON

The City

The London County Council
Finance
Education
Public Assistance
Housings Health and Safety
Development
General Problems
The Metropolitan Boroughs
Ad hoc Authorities

In the early Middle Ages, London held pre-eminence among
English cities because of its nearness to the larger civilisation of

Europe. Those Kings of England who had great interests in
France found it a convenient capital; the presence of the Court
provided a market. The fact that London was a port, which has
at all times been of first importance, gained fresh significance
when the discoveries of the sixteenth century made Western
Europe the centre rather than the edge of the world. While the
Industrial Revolution increased the importance of the North of
England, it also swelled the number of artisans in London; and
the development of a world economy added yet again to London’s
importance as a centre of trade and finance. To-day there is still
the old “City” keeping its boundaries, street names, and forms
of Government much as they were centuries ago, but crowded
with banks, with insurance, shipping and trading companies,
and financial houses, so that the words “the City” denote not
so much a place as an economic institution. Round this City
have grown the dwellings of millions, rich and poor, who get
their livings from the town’s commerce and industry, or by
•ministering to the wants of their fellow citizens; systematic

322

LONDON 323

Government for this huge district dates back only to the last
century.

THE CITY.

The City is divided into twenty-six wards* each, of which
returns* according to its size* a number of Councillors to the
Court of Common Council. Persons with a property qualification
in the City are entitled to vote. In addition to the two, hundred
and six Councillors* who are elected annually* the Court of
Common Council contains twenty-six Aldermen* elected directly
by the citizens* and holding their office for life. These* together
with the Lord Mayor* form, a separate Court of Aldermen.
Another body* the Court of Common Hall* is composed of the
members of the Court of Aldermen* and the Liverymen of the
City Companies. These Companies are the descendants of the
Mediaeval Gilds of Craftsmen and Merchants. To-day* they
have none of the old duties of regulating the conditions under
which work was carried on* nor do the members of a Company
all pursue the same occupation; they are associations of wealthy
men* partly for social purposes* and largely to manage charities.
Each Company fills the vacancies in its ranks by electing new
Liverymen in accordance with its own rules. Thus composed*
the Court of Common Hall has the annual duties of electing the
Sheriffs* and of selecting two Aldermen from whom the Court
of Aldermen will make a final choice of Lord Mayor; the general
rule is for this office to pass by seniority among the Aldermen.

The Court of Common Council is, therefore* the real governing
body of the city. It has all the powers which will be shown to
belong to the Metropolitan Boroughs, though some of them it
does not need to exercise. In addition, it has its own Police Force,
Civil Courts* and Criminal Courts of Summary Jurisdiction.
The latter are held at the Mansion House* the official residence
of the Lord Mayor* and at the City’s Guildhall* and are presided
over by the Lord Mayor and Aldermen* all of whom are ex officio
J.P.s. The Council looks after the bridges in the City* and owns

324 THE BRITISH APPROACH TO POLITICS

and manages much property, both within its own borders and
elsewhere. The City itself, and some of the City Companies
control secondary schools; but this is not comparable to the
ordinary local education service. The schools are Public Schools,
they are not within the City boundaries, and they draw their
pupils from a wide area. The sanitation of the Port of London,
and the markets near the City come under the Council’s control.

The City is certainly a local Government area, but it is much
more; it is a separate institution within the State, charged with
functions which it has collected throughout its history, and
which, through the prestige and power of its citizens, it has been
able to retain. £lany ceremonies illustrate its dignity—the King
formally obtaining the City’s consent before entering its confines,
the Prime Minister speaking at the Guildhall Banquet held after
the election of the Lord Mayor, the annual pageant of the
Lord Mayor’s Show. The Lord Mayor himself occupies a position
similar in nature to that of ordinary Mayors, but surpassing theirs
as the Mansion House surpasses a Town Hall. He is particularly
noticeable as a contributor to, and organiser of charitable funds,
such as that for refugees in China. Under his auspices, civic
functions are arranged to do honour to distinguished people.
In time past, particularly in the reigns of Charles I and George
III, the City played a notable part in asserting the rights of the
commercial community, and the liberties of citizens against
attempts at royal despotism. Now that the struggle against the
Crown is over, the City is a staunch supporter of the Conservative
Party; there are no more such spectacles as occurred in 1771
when the Lord Mayor was conveyed to the Tower by order of a
Government subservient to the King, to return thence in state
amid the cheers of the people.

THE LONDON COUNTY COUNCIL.

During the greater part of the last century, the districts
outside the City were ruled each by its own Vestry or Board,
and these bodies sent members to a Metropolitan Board of Works,"

LONDON

325

which had been created in 1855 to handle those matters for which
central control was essential. The 1888 County Councils Act
drew the boundaries of the County of London/and provided it
with a directly elected Council. Both the boundaries and the
powers of this authority have survived, with minor alterations,
to the present day. In 1898, there were created within the L.C.C
area the twenty-eight Metropolitan Boroughs—e.g., Poplar,
"Hampstead, Westminster—having subordinate powers.

For Parliamentary elections, there are now, within the County,
sixty single-member constituencies, and the two-member
constituency of the City; each of the sixty divisions returns two
London County Councillors, and the City returns four. The
whole Council is elected in March, once every three years starting
from 1889, and the usual local Government qualifications are
required for voters and candidates. The hundred and twenty-four
Councillors choose, in addition to themselves, twenty Aldermen,
who hold office for six years, half of them retiring at the end of a
three year period. The Chairman of the Council may be chosen—
as was Lord Snell in 1934—from outside. At King George V’s
Jubilee in 1935, the Council prepared an exhibition illustrating
its activities; the King marked the occasion by ordering that
henceforward the Chairman should, like the Lord Mayor, bear
the title Right Honourable.

The Council’s committees resemble those of the great County
Boroughs in the provinces; its powers are in some respects greater
than theirs, because of its size, and in other respects Jess, because
in the capital, the Central Government judges it best to perform
some functions, e.g., police, itself. The subject can be studied 'by
talcing in turn the work of the various committees.

FINANCE.

The L.C.C. administers 117 square miles in which dwell
four million people. The total rateable value is £60,000,000
which with a rate of about y/6d. yields £22,000,000 a year. The
Council is not a rating authority, but obtains the ■ money by

32 6 THE BRITISH APPROACH TO POLITICS

precepting, on the Metropolitan Boroughs and the City for the
general rate, and on the Metropolitan Boroughs alone for a
small special rate. Recently the rateable value has begun to decline,
as more of the population have gone to live in less crowded
quarters outside the County boundary, though many of them still
work in London, and make use of London’s municipal services.
This will, in course of time, create a financial problem for the
County, and perhaps a new authority will be set up to rale thar 1
Greater London which now spreads over parts of Essex, Kent
and Surrey, and almost the whole of Middlesex.

Government grants and revenue from land owned by the
Council raise the total income to £40,000,000. This sum the
Finance Committee has to apportion among the various services.
Thus, out of every £ taken from the ratepayer, 7/- is spent on
education, 5/6 on public assistance, 6d. on housing and 7/- on
the general services which contribute to health, safety, and amenity.
For these, there is also available the General Aid Grant under
the 1929 Act, and for education and housing the specific grants.
Much of the expenditure now being incurred to deal with slums
-and overcrowding, is, of course, capital expenditure, and there
are further capital items in connection with the other services;
whereas an ordinary local authority can get permission from a ,
Government Department for its loans, the L.C.C. must present
to Parliament each year a Money Bill outlining its proposed
capital expenditure for each separate purpose for eighteen months
ahead. In order to give some elasticity to this arrangement, the
Council frequently puts in its Bill figures well above what it
will be able to spend on capital account. The Council’s present
debt is about £75,000,000 of which rather more than half has been
caused by housing. The Chairman of the Finance Conraittee, J
like the ■ Chancellor of the Exchequer, has to study the Money
Market, seeking the most favourable times for fresh borrowing,
and for repayment of old debts. The Council is creditor as well as
debtor, since it can lend money to the Metropolitan Boroughs;
further, it is the authority to which they must apply for permission "

LONDON

$27

to borrow. L.C.C. accounts are audited by the District Auditor.

Mention of the Annual Money Bill, and of the connection with
the Metropolitan Boroughs, draws attention to the work of the
Parliamentary Committee in .preparing each year a General Powers
Bill, which affects both the L.C.C. and the Metropolitan Boroughs.
It serves as a code Of the law relating to London, and provides an
opportunity for annual review, in the light of experience, of the
powers of London authorities. The Parliamentary Committee
has thus at least two Bills to look after each year, and frequently
more are promoted. Thus in 1936, the L.C.C. ma de an un¬
successful attempt to make empty properties liable to some part
of the usual rate instead of being rate-free as at present. The
Committee must also scrutinise any Bills before Parliament
which may affect London.

The Supplies Committee is interested in the spending of the
Council’s money. Stationery, furniture, food, fuel, clothing and
equipment required in schools, hospitals, and the like, involve
an expenditure of £4,000,000 a year. The Committee must decide
where these supplies can best be obtained, and exercise continual
supervision over the quality of the goods.

EDUCATION.

The L.C.C. is the authority for both elementary and higher
education, and its total expenditure on this head approaches
£14,000,000 a year. In respect of equipment and st affin g of
schools, and facilities for specialised education, London ranks
high among education authorities. Nevertheless, man y 0 f its
elementary school buildings, erected in the time of the School
Board for London, are out of date. The Education Committee has
to pursue a regular programme of modernisation and rebuilding.
At the same time, the Council’s housing policy creates a need
for schools in new areas, and the growth of public interest in the
health and feeding of children has led to extensions of the school
medical service. It is not easy to provide London schools with
adequate playing fields. Most secondary schools have their

328 THE BRITISH APPROACH TO POLITICS

some distance away, and cannot use them more than once or twice

a week; the Council is now attempting to provide similar facilities
for the elementary schools which at present have nothing but
asphalt playgrounds, and the occasional use of public parks.
London education derives a special advantage from the number
of museums, and places of interest situated in the capital, and
provision is made for educational visits. The presence of a huge
population makes it practicable for the Council to supply, in
Commercial, Technical and Literary Institutes a great variety
of cultural and vocational education for those who have left
school.

PUBLIC ASSISTANCE.

Despite serious poverty in some parts, .London as a whole is

comparatively prosperous; and since the 1929 Act made public
assistance a county responsibility, the difficulties which harassed
some of the East End Boards of Guardians have vanished.
London’s Public Assistance Committee like that of other Counties,
faces the problem of combining the necessary delegation of
authority with effective public control, and has recently
remodelled its administration, to secure that the same principles
of granting relief prevail throughout the County. London has a
special problem of homeless poor, for some of whom the capital
seems to have an attraction. The L.C.C.’s Welfare Office now
co-ordinates the activities of all organisations, public and private,
which have suitable accommodation, and it is no longer necessary
for anyone to sleep out of doors in London.

HOUSING, HEALTH AND SAFETY.

Sixty thousand new dwellings are needed to solve the problem
of slums and overcrowding in London, despite the fact that the
Council had already built sixty-five thousand in the first fifteen
years after the War. For London, more than for any other city*
the question of where to build is acute. The great estates, such
as Becontree and Downham, which lie wholly or partly outside

LONDON

329

the County boundary* have done a good deal to alleviate over¬
crowdings but since people cannot be taken an indefinite distance
from their work* it is doubtful whether much more can be done

on these lines. The Council is now turning its attention to the
building of fiats and houses nearer' to the centre of London*
and hopes to clear away the slums in three or four years from the
present time* except for the East London areas which may well
take twice as long. In that district* more than 150*000 people
live either in slums or overcrowded conditions. The difficulties
are well illustrated by the Hackney Marsh episode of 1936.
The Council had decided to take thirty acres of this open space*
and use it to house a first instalment of slum dwellers; their old
houses could then be pulled down* and the site used for new
building* and a steady programme of re-housing be started.
But just because East ■ London was overcrowded* recreation
grounds such as the Marsh were precious* and many people
criticised the Council’s policy. Finally a private citizen, Mr.
Villiers* helped the Council to obtain twenty acres in the
neighbourhood* which could be turned into a playing-field as com¬
pensation for the thirty acres taken for housing. Similar difficulties
frequently arise both in the East and other parts of London*
and there is a long road to be travelled before both slums and
overcrowding are abolished. Anyone, however* who journeys
through the East End can already observe sections of a new and
better city taking the place of the old. As this proceeds* the Council
will increase its responsibilities as an owner and manager of
property. The high cost of land in London does not make it easy
to charge low rents for Council houses* and it is doubtful whether
there would at present be much approval in London for a policy
of differential rents.

It is the poorer citizens who are most directly affected by these
activities* but those who are somewhat better off* and propose
to buy houses costing less than £800* can obtain a loan from the
L.C.C.* as from a Building Society* though at a lower rate of
interest.

330 THE BRITISH APPROACH TO POLITICS

Although the full title of the Committee is Housing and Public
Health , its functions in the latter sphere are limited; the Metro¬
politan Boroughs are sanitary authorities, and two of the most
important health duties of the JLC.C. are discharged by other
committees. The main sewers are under the control of the Fire
Brigade and Main Drainage Committee , whose other duty has
recently been brought into prominence by the, opening of the
new Fire Brigade Headquarters. The Hospitals and Medical
Services Committee now controls 75 per cent, of all the hospital
beds in London, and about half of London’s babies are bom in
the Maternity Homes of the L.C.C. and the Metropolitan
Boroughs. The County is able to deal, more effectively than the
Boroughs, with the building of hospitals, the training of nurses,
the development of research, and special problems such as the
sanatorium treatment of tuberculosis. It is the statutory duty of
the Committee to assess the means of patients, and decide what
they can pay; about 10 per cent, of the cost of treatment is thus
recovered. No charge, however, is made in cases of tuberculosis.
A separate Committee deals with Mental Hospitals, which contain
over thirty thousand patients. The Welfare of the Blind Committee
maintains homes and workshops, and provides employment for
blind people working in their own homes.

Further contribution is made to public safety by the Entertain¬
ments Committee, which ensures that cinemas and other places of
amusement nre properly planned and equipped to deal with the
danger of fire. This committee must also approve the type of
entertainment that is'to be given. The Public Control Committee
is for the most part an agency of the Central Government,
collecting motor licences, enforcing the Shops Acts, and the
Acts dealing with the storage of explosives.

DEVELOPMENT.

Most of the difficulties of London Government are due to
the haphazard growth of the town. Three Committees—those
for Highways, for Parks, and for Town Planning, are concerned

LONDON

with remedying the consequences of this neglect, and averting
similar problems for the future. If the present plan of acquiring
open spaces to form a permanent “Green Belt 55 round London
is successful, the problem will be brought within definite, though
very wide limits, for the belt will lie well beyond the County
boundary. Meanwhile, the decline in the County’s population,
a source of anxiety to the Finance Committee, is the Parks
Committee’s opportunity to increase the number of open spaces,
and gratify the growing demand for open air recreation. The
Highways Committee, which has to work in conjunction with the
Ministry of Transport and the London Passenger Transport
Board, is chiefly concerned with the widening of streets, and the
building of bridges to bear an increasing volume of traffic.
A Town Planning Scheme for London is in preparation, but its
results will only be fully apparent after many years.

GENERAL PROBLEMS.

The L.C.C. is an impressive example of the potentialities for
good in English local Government. • During the fifty years of its
life it has been able to undo much of the evil done by centuries
of neglect, and to show how the wealth of the capital might in
part be used for the public advantage. So there has grown what
at first sight seemed impossible —a consciousness, among four
million people, most of whom live and work in districts remote
from each other, of common citizenship and pride in collective
achievement. In the fifteenth century William Dunbat described
London as The flour of cities alle 55 ^ three hundred years later,
Cobbett described the sprawling growth as “the great wen”.
It is within the power of the L.C.C. to make Dunbar’s judgment
once more appropriate.

In sheer size, the Government of London resembles that of a
State, rather than that of a local authority, and certain features
appear in its methods of work, reminiscent of the Central
Government. The leader of the party in power, and the leader of
the Opposition have a recognised status, and enjoy the right to

332 THE BRITISH APPROACH TO POLITICS

take part in discussion in any committee. The General Purposes
Committee deals with urgent or exceptional matters, and, since
it contains the chairmen of committees, can ensure that the work
of the departments is co-ordinated. A still closer parallel to the
Cabinet is found in the unofficial committee of the chief members
of the majority party; this again will include the chairmen of
committees, and is the body which plans in advance the policy
which the General Purposes and other committees will execute.
Such a method implies, if not a two-party system, at any rate
the possession of a clear majority by one party, such as has always
been found throughout the Council’s history. From 1889 till
1907 the Progressives ruled London, and the Moderates were in
opposition; the former party included a number of Socialists,
and developed public enterprise to an extent which the Moderates
claimed was undesirable. At the election of 1907 the Moderates
laid great stress on the dangers of extravagance, and the need
for “Municipal Reform” which thus became the name of their
party. They held power from 1907 till 1934; meanwhile the
Progressive Party dwindled away and Labour became the
Opposition. At the 1934 election, Labour claimed that the
Municipal Reformers had pursued economy at the expense of
essential public services. Labour secured a majority, which it
still holds, on a programme of increased services, particularly in
housing. The L.C.C. Election of 1937 was notable for the
keenness with which both sides fought, and for the use of the
most modem ideas in propaganda and poster designing. The
growth of public interest was marked by the decision that Mr.
Herbert Morrison and Sir Harold Webbe, the leaders of the
Labour and Municipal Reform parties in the Council, should
speak over the wireless on the issues involved. The percentage
of electors who voted rose to forty, the highest since 1907.

One feature of the Central Government—the elaborate
procedure of Parliament—has, fortunately, not been imitated by
the L.C.C. Committee, and Council meetings proceed, as in a
County Borough, with questions, discussion, of reports, and'

LONDON

333

consultation with the Chief Executive Officers. It has been found
convenient to limit speeches to fifteen minutes, though further
time may be granted. The Council may, on the motion of any of
its members, resolve to hold an inquiry into any problem which
has not yet come before it—for example the provision of municipal
theatres and cinemas. This gives scope to the private member,
and increases the Council’s store of knowledge.

THE METROPOLITAN BOROUGHS.

The County area, apart from the City, is divided into twenty-
eight Metropolitan Boroughs. All the Councillors for such a
Borough are elected at once for a three-year period in the
November of the same year as the L.C.C. election. They choose
Aldermen to one sixth of their number ; these serve for six years,
half retiring every three years as on the L.C.C. The Mayor is
chosen as in a Municipal Borough, and enjoys the same powers
and dignity, except that he is an ex-officio J.P. for his year of
office only, not the subsequent year as well. Of the functions and
procedure of these Councils, there is no need to say much; they
resemble closely those of the smaller Municipal Boroughs which
have no separate Police Force or Commission of the Peace, and
are not education authorities. They are the rating and assessment
authorities for London, and compile the Voting Registers.
Health services are shared between L.C.C. and Boroughs; the
latter remove house refuse, prevent the adulteration of food,
provide clinics, see to the notification of infectious diseases,
and carry out the inspections which are the basis of housing
policy; some Boroughs have their own housing schemes and
maternity homes. Street widening and improvement may be
carried out by the Borough or L.C.C. according to the size of the
scheme. In the provision of libraries, baths and laundries the
Boroughs are independent. Nearly all supplement the work of
the L.C.C. by providing parks and recreation grounds. More than
half the supply of electricity is by public enterprise; Fulham, for
example, has the largest municipal station in the world, and

334 THE BRITISH APPROACH TO POLITICS

brings coal to it in municipally owned ships. In consequence of
all these powers, London contains local Government wi thin
local Government. Despite the civic sense of London as a whole,
the problems of, say, Hampstead and Bermondsey are very
different; if the residents in one area wish to give special attention
to any service, and become pioneers for London, and if they are
prepared to pay, it is desirable that they should have every oppor¬
tunity to do so. The .Boroughs have set up a permanent Joint
Committee Which tries to secure uniformity where it is desirable,
as in the matter of assessment. In negotiations with the Central
Government, this committee can voice such views as are common
to all the Metropolitan Boroughs.

AD HOC AUTHORITIES.

The case for a Greater London Council becomes stronger when
one notices the various authorities set up to handle particular
problems. Some of these, such as the Metropolitan Water Board
and the Thames Conservancy Board, are composed of persons
appointed by public authorities-^the' local authorities in and
around London, and Government Departments. Others, such as
the Port of London Authority, have some members appointed by
public authorities, and others by private companies. The Metro¬
politan Police are controlled by the Home Office, and the London
Passenger Transport Board is a private concern in special
connection with the Ministry of Transport. The areas served
by these authorities are all different, both from the L.C.C. area
and from each other. Public and private representatives from a
wide area sit on the London and Home Counties Joint Electricity
Authority. It was intended that this, authority should become
by 1971 the owner of all the plant now privately owned; but it is
probable that before then there will have been considerable
changes in the whole of public policy about electricity.

BOOKS:

HAWARD. The L.C.C. from Within.

H. Morrison. How Greater London is Governed.

CHAPTER XXI

v- THE special features of

SCOTTISH GOVERNMENT

It has already been noticed, in Chapter VI, that special provision
is made, in the Departments of Central Government, for the
administration of Scottish Home Affairs, Health, Education, and
Agriculture and Fisheries. The Judicature and local Government
of Scotland are also distinct from those of England The general
considerations discussed in Chapters XVI, XVIII and XIX apply,,
broadly, to the whole of Great Britain, the differences being
mainly found in the administrative machinery. These diffidences'
are in part due to the persistence of Scottish institutions older
than the union of the two countries, and in part to the geography
of Scotland, with her colder climate and more sparsely populated
regions.

I. THE JUDICATURE.

Scottish law, like English, is composed of Common Law,
Statute Law and Equity. The Common Law is based on the
Principles of Roman Law, and did not suffer from the rigidity
which the limited number of writs imposed on English Common
Law. The Statutes are those made by the Scottish Par liamen t
before the Union of 1707, and by the British Parliament since,
except where it is stated that they shall not apply to Scotland. As
in England, all three elements form now one system to be
administered by the courts. In the arrangement of the courts,
the distinction between civil and criminal law, and between
greater and lesser matters, may be observed.

33 6 THE BRITISH APPROACH TO POLITICS

In each County is to be found one or more Sheriff Courts,
presided over by the Sheriff of the County and by Sheriffs-
Substitute, on whom the bulk of the work rests. These courts
have civil jurisdiction over all matters except divorce; their
criminal jurisdiction is limited by the fact that they cannot try
capital offences or impose sentences of penal servitude. In the
larger towns, members of the local authority, sitting as ex-officio
magistrates, in a Burgh Court, exercise similar powers ; through¬
out the County, outside these towns, the Sheriff Court has
jurisdiction. Crown officials, known as Procurators-Fiscal, conduct
public prosecutions in these lower courts. There are no Coroners
in Scotland; should the circumstances of a death warrant an
inquiry, this is held by the Fiscal, who will decide whether
further action by the authorities is necessary.

The Children and Young Persons (Scotland) Act provides for
the establishment of Juvenile Courts similar to those of England j
but little progress has so far been made in this direction.

The highest civil court is the Court of Session, divided into
an Inner and an Outer House. The First Division of the former
contains the Lord President (the Head of the Scottish legal
system) and three other judges; the Second Division contains
the Lord Justice Clerk and three other judges} the remaining
five Lords of the Court of Session constitute the Outer House.
The Court of Session is therefore;, like the F.nglkh Court of
Appeal, a college of judges, separate groups of whom sit at the
same time. It has jurisdiction over all civil matters and can hear
appeals from the lower courts; there is a right of appeal from its
decisions to the House of Lords.

The highest criminal court is the High Court of Justiciary,
to which all the judges belong. It is presided over by the Lord
Justice General, who is the same person as the Lord President.
Five or more judges usually sit to hear a case. Each judge also
goes round the country on Circuit, and these Circuit Courts of
Justiciary, presided over by a single judge, are comparable to
the English Assizes. Sometimes a judge in a Circuit Court will

SPECIAL FEATURES OF SCOTTISH GOVERNMENT

reserve a point to be decided by bis fellow-judges in the Higl
Court. It is only on points of law that the High Court ofjustieiary
4 will- hear appeals from the lower criminal courts; nor is there any
appeal from it to the House of Lords.

If a Scottish jury cannot agree, it may return a majority
verdict. In criminal cases the verdict may be “Guilty”, “Not
Guilty 5 or “Not Proven”. This last verdict, however, has the
v same effect as an acquittal; the prisoner goes free and cannot be
tried again.

2. LOCAL GOVERNMENT.

Scottish local Government, like English, was extensively
reformed in 1929, and the Local Government (Scotland) Act of
that year is the basis of present administration. 'Many parts of
Scotland are so thinly populated that a small authority lacks
resources for any but the slightest tasks; consequently much
power is concentrated in the. hands of the County Councils.
Some of the County Councillors are elected by the Town Councils
( of all the Burghs in the County; the remainder are directly elec t ed

by the voters living outside the Burghs.

The Town Council of a Burgh is elected in the same manner
as an English Borough Council. The Councillors choose one
of themselves to be Provost (Mayor)—nr, for the chief Burghs,
Lord Provost—and others to be Bailies. The latter may be
compared to Aldermen, except that they do not remain members
of the Council any longer than ordinary Councillors. It is the
Provost and Bailies who exercise the judicial functions described
above.

The Burghs can be classified historically as Royal, Parliamen-
* tary, and Police Burghs ; but there is a more recent administrative
distinction between large and small Burghs, the former being
those with more than 20,000 inhabitants. The same gradation
of powers appears as in England. Only the most important
Burghs manage their own education; in other respects Royal
and Parliamentary Burghs with more than 20,000 inhabitants

338 THE BRITISH APPROACH TO POLITICS

are independent of the County Councils. None of the small
Burghs manage their own police force; and the Police Burghs
have powers very similar to those of the smaller Municipal
Boroughs in England. There is a further resemblance to England
in the fact that the powers of the County Council as against
those of the small Burghs, are on the increase.

The County outside the Burghs is divided into Districts.
The District Councils contain not only persons elected as District
Councillors in the usual manner, but also those who have been
elected from that District as County Councillors. At most, a
District Council may possess as much power as its English
counterpart ; but in practice its powers are such as the County
Council, subject to the approval of the Secretary of State Tor
Scotland, may determine..

It has already been pointed out, in Chapter VI, that there is

poverty in many parts of Scotland for the same reasons as there

are Distressed Areas in England; to this must be added the
infertility of much of the land and the difficulties of transport.

Consequently, Scottish local authorities find it difficult to main¬
tain the social services. Their educational system, it is true, is
superior to that of England, having a school-leaving age of fifteen
and more generous provision for advanced education. The health,
maternity and child welfare services, however, lag behind. A
greater measure of independence—perhaps a separate Parliament '
for Scotland like those of the Dominions—would mean an
administration with more understanding of, and sympathy with
Scottish difficulties. On the other hand, an effort by a Govern¬
ment with the resources of Britain as a whole would be necessary
if new industries are to be started and agriculture revived.
Possibly the solution is to be found in Regionalism, the Regional
Admimstration for Scotland being given special powers and
assistance to develop the country. The work of the Swedish
Government in developing its own northern districts, or of the
U.S, Government in the Tennessee Valley, might serve as
examples.

PART ¥

BEYOND THE UNITED KINGDOM

CHAPTER XXII

EMPIRE

Growth of Empire
India

Conditions of the Problem
British Rule

Indian'States: Federation of India
Plans for Federal Government
Nature of the Federal Proposals
The Provinces
The Future
The Colonial Empire
British Control
The African Problem
Mandates ’

The Purpose of Empire;

GROWTH OF EMPIRE.

In the history of Britain, as in that of many other nations,
there have been times when sections of the population found
it difficult to get their living at home, and hoped' for better
prospects overseas. They might be members of the aristocracy,
who being younger sons, did not inherit land, or small farmers
squeezed out by the growth of great estates; on the disbandment
of the feudal armies, there were many who were used to an
adventurous life, and whose departure was a relief to the
Government. Political and religious persecutions sent abroad
others, of whom the Pilgrim Fathers are 'the most famous.
Princes desiring new lands, and owners of capital seeking a
profitable investment, encouraged colonisation.

From the start, merchants and manufacturers in England

339

340 THE BRITISH APPROACH TO POLITICS

regarded the settlements in the New World as valuable markets
for English doth, and as sources of supply of raw materials.
The same desire for trade led many European powers to establish
outposts along the African route to India, and in TnHia itself;
thence came also a supply of luxury goods. For more than two
hundred years. Imperial Powers tried to monopolise the markets
and supplies of their possessions, and the English “mercantile
system” was a mass of import and export restrictions, which
became increasingly complicated as now one, and now another
industry succeeded in influencing policy. But while certain sections
benefited, the final effect was to check enterprise, and the colonists
suffered because they could not buy and sell as they pleased;
indignation on this account was one cause of the loss of the
American Colonies. Adam Smith’s Wealth of Nations presented
a powerful case against trade restriction, and his arguments
gained all the more weight when Britain, having anticipated
other nations in the application of power to industry, found
herself anxious for wider markets; in which she could meet
competition with ease.

In the nineteenth century, world-wide mechanisation of
industry stimulated the growth of Empires. Britain’s competitive
advantage impelled other nations to bring territory under their
control, and reserve its markets for themselves. The development
of industry by those nations, made Britain doubtful of her Free
Trade policy. Meanwhile, the increase of production and of
large fortunes intensified the search for markets and supplies,
and for lands with undeveloped resources, where capital might
profitably be invested. India, Africa and Australia, only the fringes
of which had been touched in the eighteenth century, were
extensively developed; Germany and Italy which had only
recently become great Powers, and, beyond Europe, the United
States and Japan, joined in the search. Imperial rivalry threatened
the peace of the world, and each Power became more anxious to
have under its political control the materials necessary for war.

From these' facts arose the theory of Imperialism. The motive

EMPIRE

341:

for seeking Empire was the advantage of people in the Mother
country, particularly merchants and manufacturers, and the
methods were frequently those of cruelty and treachery. But in
many instances, the results were advantageous, both to conqueror
and conquered, and to mankind as a whole. The Imperial Powers
could put down barbarous customs, £nd introduce justice and
education; the development of resources meant a greater plenty
from which everyone might benefit. The problem is, how to
apply knowledge and enterprise to the exploitation of resources,
without at the same time exploiting human beings. In political
controversy, the parties of th$ Right emphasise the civilising
influence of Empire—the creation of prosperous communities
of colonists in lands once sparsely inhabited by ignorant peoples,
and the gift of efficient Government to native populations; they
urge also the opportunities for trade and emigration, opened to
the people of. the Mother Country. The Left quote examples of
tyrannous rule, and argue that the whole people of the Mother
Country are involved in wars and mili tary expenditure to an
extent which more than compensates for any advantage, except
to a limited class of property owners. Both sides of the argument
can be extensively illustrated ■ from the history of British
Imperialism.

In some of the lands brought under British rale, there have
sprang up large white communities, which have been given full
self-Govemment. These are the Dominions, which form the
British Commonwealth. The term British'Empire, sometimes
applied to all lands owning allegiance to the British Crown, is
more strictly used to denote those which have not full Self-
Government; these are either small white communities, or lands
where a large coloured population is ruled by a small class of
whites. 1 This Empire contains, apart from the 45,000,000 in
Britain, some 400,000,000 people, of whom 350,000,000 are in
India.

1 The Union of South Africa is in a special position. See Ch. XXII."

342 THE BRITISH APPROACH TO POLITICS

INDIA.

Conditions of the Problem . A first step to the understanding
of India is to appreciate her size, and the variety of her peoples.
India is not a country on the European scale, but a'continent
equal in area to Europe without Russia, and each of the separate
Provinces is the size of a large European State. There are over two
hundred native languages and dialects, though only about half a
dozen have a very wide currency. Less than one per cent, of the
population can use English, but this minority is to be found in all
parts of India. As to religious belief, two-thirds of the people are
Hindus, and rather more than one-fifth Muhammadans. There are
smaller groups of Buddhists, Christians, Sikhs, Jains, and Parsis,
and about ten million people following primitive cults. Most of
these ^faiths involve much ceremonial observance, and festivals
and processions sometimes provoke violent' conflict between
different religious communities; Hindu-Muhammadan antagonism
has been a particularly difficult problem. An important part of
the Hindu faith is the caste system. The “Aryan” peoples of
North India, who invaded the country centuries ago, and built
up a great civilisation, divided' themselves into four castes,
representing priests, warriors, traders and labourers; the darker
skinned peoples whom they subdued, were “outcastes”. By now
the system has lost much of its original nature, and the number
of different castes has greatly increased. The chief results to-day
are, first, the privileged position of the Brahmins, the old priestly
caste, between whoxfi and the rest there is a greater difference
than between any other castes; second, the presence, particularly
in South India, of large numbers of outcastes, whose economic
and social position is seriously depressed. In some parts of India,
they are excluded, so far as is possible, from any intercourse
with their fellow-human beings, and even their touch is regarded
as a pollution. The distinctions are less marked in other districts,
where Hinduism is less prevalent, or the influence of progressively
minded Hindus, who regard “UntouchabiKty” as a reproach to
their faith, has been at work.

EMPIRE

343

These differences make political and economic progress
difficult, but they do not remove the need for it. Although there
are many wealthy Indians, and many whose culture, learning and
knowledge of the world are extensive, the mass of the people,
Whatever their race, language or faith, have poverty and ignorance
in common. More than two-thirds of the people are occupied
agriculture, employing century-old methods, so that the
productivity of the land is small. A landlord class takes a consider¬
able proportion of the total wealth, and the peasant is commonly
burdened with debt. Many labourers move, in their search for
work, between the countryside and the towns, which must
therefore give temporary shelter to many more than their
permanent population. The conditions of work, and, still more,
those of housing, would be regarded as intolerable in this
country, though, since the establishment of the International
Labour Organisation, 1 there has been some progress in Factory
Laws. -The poverty of India may be described statistically by
saying that the average income of its inhabitants is 5d: a day,
and that the mass of them get'far less; this means not only a
shortage of food, which is reflected in a heavy death rate at an
early age, but an absence of those standards of sanitation and
amenity, to which even the poorest in Britain are accustomed.

British Rule*

British rule has put an end to the internal warfare which
once troubled India, and so paved the way for the investment of
much British and Indian capital. The resulting Indian industrial
revolution greatly increased the importance of two classes in
Indian society—the urban workers and the commercial and
4 industrial middle class. The latter, finding itself hampered by
trade restrictions imposed in the interest of British capital, began
to demand self-Govemment for India, and expressed that demand
( ln riie formation of a political party, the Indian National Congress.

( Meanwhile, the total wealth of India has grown enormously,

1 See Gh. XXIV,

344 THE BRITISH , APPROACH TO POLITICS '

but so also has the population. Religious customs, particularly

those which depress the position of women, cause a high birth
rate, and consequent pressure of population on subsistence.
Nor have the Indian workers been able to better their position
by trade union and political action as British workers have done.'
The British Government of India, in order to maintain its
authority, has been reluctant to rouse hostility by siding with
native religious and social reformers, and has endeavoured to 4
remain on good terms with the wealthier classes. Only a Govern¬
ment representative of the peoples of India will have the moral
authority necessary for social and economic reforms.

The British Government recognised the need for representative
institutions, by a declaration in 1917 which stated that its
policy would be “the gradual development of self-governing
institutions, with a view to the progressive realisation of
responsible Government in India, as an integral part of the
British Empire.” It is here implied that India will become a
Dominion; and while this is generally agreed to be the goal of
British policy, there is much difference of opinion whether it
should be reache 4 within, a term of years or decades. The 1917
declaration was followed by the Government of India Act 1919,
which set up a system known as “Dyarchy”, i.e„, the sharing
of power between two authorities,, the British-controlled
Government of India, and elected Indian Legislatures. Many
Indians, however, regarded these reforms as insufficient, and
their discontent was manifested by a growth in the power of the
National Congress. This party now drew support from all classes,
and, though predominantly Hindu, it attracted a number of
Moslems. Its object was Swaraj 3 i.e., self, rule—either complete
independence, or at least Dominion status. Members of the.
Congress party who were elected- to Legislatures, did their best
to obstruct the Government, and, throughout the country,
refusals to pay taxes and other forms of passive resistance were
organised. The most outstanding figure in the movement was
the Mahatma Gandhi, though his concern was not so much with

EMPIRE

345

politics as with the spiritual regeneration of India. In his interpre¬
tation of Hinduism, he laid great stress on the doctrine of non¬
violence; his saintly and austere way of life gave him immense
influence, with which he strove to prevent the campaign against
the Government from taking a violent form. Some acts of terrorism
however, were committed, and the Government replied with
measures which severely curtailed the liberties of person and
speech, and of the press. The Police Forces, the rank and file
of whose personnel were Indian, but under British control,
found their powers increased, and used them in a way which
created. fresh ill-feeling. It was probably a surprise to many
people in this country to learn from the remarks of a judge in an
Indian court in 19385 that the police frequently tortured arrested
persons.

Meanwhile, in 19275 the Simon Commission was appointed,
to enquire into the possibility of a further step to self-Govemment.
More dissatisfaction was aroused, because the Commission
contained no Indian members. The publication of its report in
1930 was followed by a series of Round Table Conferences between
British and Indians, and, in 1933, by the appointment of a Joint
Select Committee of Lords and Commons, to whom were added
Indian representatives. A Bill was prepared, which became law
as the Government of India Act 1935.

Indian States : Federation of India.

For Governmental purposes, India is divided into “British
India” and the Indian States. The latter, containing about
75,000,000 people, are ruled by native Princes who are not
subject to Parliament, but subordinate to the King in his capacity
as Emperor of India. Their position is protected by the various
treaties made at the time they came under British
The Viceroy is appointed by the King to be both Governor-
General of British India, and His Majesty’s Representative in
dealings with the States. The Princes are able to rule their domains
as they please, provided they do not display hostility to the

346 THE BRITISH APPROACH TO POLITICS

British power, nor rule so badly that the resulting discontent is
a menace to the peace of India. British residents attached to the
courts of the Princes, exercise much influence over policy, No
Indian State can have direct intercourse with a foreign power,
but they consult with each other at the meetings of the Chamber
of Princes. Some of them ■maintain armies, but in co-operation
with the general plans for defence made by the Government of
India. In social and economic matters, the States as a whole- are
somewhat behind British India, though there are exceptions,
where an energetic Prince has used his power to effect reforms
more rapidly than the uneasy combination of British and Indians
has been able to do.

" The “India” which, since 1919, has been a member of the
League of Nations, includes both British India and the States,
as the personnel of its delegations to the League Assembly shows.
This arrangement implied that at some time in the future,
there would be a form of Government uniting the two; a further
step in this direction is taken by the 1935 Act. It recognises that
the Princes have treaty rights, which an Act of Parliament cannot
legally affect, but plans a Federation of India to which they may
pin themselves if they wish. When a number of States whose
aggregate population is at least half that of all the States, have
expressed their willingness to join, both Houses of Parliament
may present an address to the King, who may then issue a
Proclamation bringing the Federation into existence. Until that
happens, the powers planned for the Government of the Feder¬
ation will be exercised, though only over the provinces of British
India, by the present Central Government of India.

Plans for Federal Government. Executive power, both in the
projected Federation, and at present, lies in the hands of the
Governor-General, and a Council which he appoints. Since the
members of this Council sit in the Legislature, there is some
resemblance to the British system of responsible Cabinet
Government. The Governor-General, however, unlike the King
in Britain, does not act entirely as his Ministers advise. The Act

EMPIRE

347

lays on .Mm a special responsibility for the defence and the
finances of the Federation* the protection, of minorities and
public servants* of the rights of Indian States* and the
prevention of any trade regulations designed to discriminate
against British imports into India. On these matters he must use
his discretion* but is to be guided by the directions sent to him
by the Secretary of State for India. The India Office* over which
the Secretary of State presides* is itself remodelled by the 1935
Act. In -place of a body known 'as the Council of India* the
Secretary is required to appoint from three to six Advisors* at
least half of whom must have had ten years recent experience
in the service of the Crown in India. These • Advisors have a
fixed period of service of five years* and a salary determined by
the Act. Their influence is likely to be considerable* though the
Secretary is not legally obliged* except on some financial matters*
to take their advice* or even to ask for it. The problem of the
India Office is this—how to reconcile the Sovereignty of Parlia¬
ment with the impossibility of governing India in accordance
with the decisions of people who have never been there? The
Secretary* as a Cabinet Minister* is responsible to Parliament;
through Ms Advisors* he may be kept in touch with the facts.

The Legislature planned for the Federation consists of the
Governor-General and two Houses* a Council of State and a
Federal Assembly. The Council of State will contain 156 members
from British India* six of whom are appointed by the Governor-,
General. The remainder are elected* with the proviso that at least
forty-nine must be Muhammadans* and with similar smaller
.reservations for Sikhs* Europeans* Indian Christians* Anglo-
Indians* 1 depressed classes* and women. As successive Indian
.States join the Federation* they will be allotted seats in the Council
■according to their size* until finally there will be 104 such mem¬
bers ; the method of their appointment will be determined by the
Princes. Likewise, the Assembly* in its final form will contain 125

1 In official language this term describes people of mixed Indian and
European parentage.

348 THE BRITISH APPROACH TO POLITICS

representatives of the Princes, and 250 seats for members from

British India; eighty-two of the latter will be reserved for Muham¬
madans, with smaller reservations, both for the communities so
protected in the Council, and for representatives of landowners,
commerce and industry, and labour. The British India repre¬
sentatives will not be elected by the ordinary voter directly, but by
“Electoral Colleges”, composed of groups of members of the
Legislative Assembly of each Province, Chambers of Commerce,
and labour organisations.

The Council will never be dissolved, but one-third of its
members will retire every three years; the Assembly is comparable
to the House of Commons, in that it cannot last longer than five
years, and may be dissolved at any time by the Governor-General.
Bills dealing with finance can be begun in the Assembly alone,
but in other respects the two Houses have equal power, and all
Bills must be passed by both of them in order to become law.
Should they disagree, there is provision for a joint sitting, at
which a majority vote would decide the matter. Each House can
arrange its own procedure, but the Governor-General is to see
to it that they do not discuss foreign affairs without his permission,
nor raise any matters concerned with the personal conduct of
Indian Princes.

Nature of the Federal Proposals. In addition to the powers
already mentioned, the Governor-General, if he “is satisfied that
a situation has arisen in which the Government of the Federation
cannot be carried on in accordance with the provisions of this
Act”, can set aside the Federal legislature, and rule autocratically
by Proclamation. His power to do this can be continued by
successive annual resolutions of both Houses of the British
Parliament.

It is clear that the Federation will not possess responsible
Government such as exists in Britain, and the majority of Indian
opinion is not anxious to see the Federation established. A serious
criticism is that the Indian States will have much greater
representation than their population warrants. Both Houses will

EMPIRE

349

contain a -block of members appointed by the Princes* and
representing* therefore* not the peoples of India* but a small
wealthy class. By the Federal plan* the British Government is
not so much extending Self-Government to India* as sharing*
with the wealthier Indians* its power over the masses. This is
the more important as India’s chief need is legislation to improve
the working and living conditions of the majority of her people.
It is* of course* true that the British- Government neither could
nor would attempt to coerce the Princes into surrendering any
of their powers* and if they were to be drawn into the Federation
at all* it could only be by granting them great influence in it.
It may prove that their support has been secured at the price of
obstructing future social legislation.

In this connection* the distribution of powers between the
Federation and the Provinces should be noticed. The Federation
alone will have power to deal with defence* foreign affairs*
currency*' the postal service* labour conditions in mines and
oilfields* the main railways (for which a Federal Railway Authority
is set up)* sea and air- transport* commercial law* maritime
shipping* the greater part of customs and excise regulation* and
the salt tax* which is a considerable source of revenue* and
affects the whole population. The- Provinces alone have power
over internal order* communications and water supplies*
education* economic development* direct taxation* and the
control of trade in alcohol and drugs. Over civil and criminal
law* and the all-important question of labour conditions* both
Federation and Provinces have power* and where the laws which
they make conflict* it will be the Federal law which will.prevail.
While this distribution would in itself be satisfactory* it has to
be interpreted in the light of the criticisms to which the Federal
legislature is liable.

The Provinces . At present* pending the establishment of the
Federation* interest is concentrated on the- Provinces* to which
the 1935 Act gives a greater measure of independence from the
centre than they have previously enjoyed. British India is divided

350 THE BRITISH APPROACH TO POLITICS

into eleven Govembr’s Provinces/ each ruled by a Governor
with, a Council of Ministers,, and a Legislature consisting of the
Governor and a Legislative Assembly, and, in six Provinces, a
Second Chamber, the Legislative Council. For the election of
the Assemblies the Provinces are divided geographically, and
the people in each area who belong to minority communities—
Muhammadans (though these are in a few Provinces the majority),
Sikhs, Christiansi—are formed into separate constituencies,
returning members of their own community. The remainder
elect members to fill the 4 'general seats”,* some of which are
reserved for the depressed classes. The qualification for voting,
resting partly on property, and partly on education, is held by
about one-tenth of the adult population. ; Where Legislative
Councils are established, the system of election is such as to give
an advantage to the wealthier classes. The Council of Ministers
is intended, like a British Cabinet, to have the support of a
majority in the Legislature, but the Governor is to use his
discretion, subject to the instructions of the Secretary of State,
with regard to the control of the police, the preservation of order,
and the protection of minorities. He has also power, like that of
the Governor- General, to govern by Proclamation in emergency.

There are a few comparatively small areas in British India,
e.g., the Province of Delhi, and the Frontier district'.of British
Baluchistan, which for historical or geographical reasons, it has
not been convenient to include in any Governor’s Province.
These are Chief Commissioner’s Provinces, ruled at the discretion
of the Govemor-Geiferal who appoints the Commissioners.
Further, in several of the Governor’s Provinces, there are
"excluded areas” where the more primitive peoples live. The
boundaries of these areas are determined by the Privy Council,
and the Governor of the Province, subject to the Governor-
General, rules them as he sees fit.

The Future . There is an obvious outward resemblance of all

i Eumrn Is separated from India by the 1935 Act. There is a Burma
Office, but the same person is Secretary of State for India and for Burma,

empire

351

this constitutional machinery to that of this country. But the

Briton who wishes, to get some idea of how the Indian Constitu-
tion will work, must picture the following alterations in the
British Constitution. Suppose the King to be able to act inde¬
pendently of his Ministers on those matters which most vitally
affect order and liberty, and to be subject, in such . action, to
instructions from another country; suppose large sections of the
Houses of Lords and Commons to be nominated by a powerful
and wealthy aristocracy, and suppose only one in ten of the people
to possess voting rights. He must further remember the differences
of race, language, faith and education, which reflect themselves
in the structure of Indian Legislatures. It may be argued that if
India were given complete self-Govemment, warfare would
break out between her peoples, and the martial nations, such as
those of the North-west would ravage the territories of their
neighbours; that foreign powers would attempt to set up Empires
in India; that even if peace were preserved, the religious
minorities and the depressed classes, would be subject to tyranny;
or that if the franchise were widely extended, the ignorance of
the mass of Indians would make the Government inefficient and
corrupt. Against these evils, the British power claims to be the
protector of India. The soundness 4 of these arguments is hotly
contested by many sections of Indian opinion, particularly the
Congress party; it is not easy for those who lack close personal,
knowledge of India, to judge the case. .The present Constitution,
in its anxiety to prevent the Indians from making mistakes,
renders it very difficult to secure future progress in either the
political or economic field.

At the first elections for Provincial Legislatures under the
1935 Act, Congress secured a clear majority in six of the Provinces,
and in three others was the largest party. Congress Ministries

have since been working in somewhat uneasy collaboration with
the. Governors; several disputes have arisen and been settled,
concerning the police, and the release of political prisoners. On
the whole the arrangement has worked more successfully than

352 , THE BRITISH APPROACH TO POLITICS

was at'first expected, and Congress has made progress with
education, and the improvement of social conditions. In so far as
Congress is prepared to work the new Constitution at all, its
most hopeful policy is to concentrate on such matters as these,
and, by its handling of them, to demonstrate beyond doubt its
fitness for more freedom than the 1935 Act affords. Several
prominent persons in Congress, notably Jawaharlal Nehru, have
made it a party which, without lessening its opposition to British
control, concerns itself also with the need for social progress.
It is certainly true that the root problem of India is the poverty
and illiteracy of many of her people; constitutional framework,
and the relation between Britain and India are only important
in so far as they affect this fundamental matter. The 1935 Act,
and any future reforms, must ultimately be judged by the extent
to which they help the ordinary Indian by education, agricultural
improvement, religious reform, and trade union organisation, to
secure the economic advancement without which other concessions
will be of little value.

THE COLONIAL EMPIRE,

British Control The British Parliament rules, through the
Colonial Office, about .sixty million people, of whom nearly fifty
million are in Africa,-and the rest scattered throughout the world.
The Africans, and the inhabitants of some Asiatic territories, and
Islands in the Pacific, have a primitive way of life; other possessions
in Asia, such as Ceylon and Burma, have a civilisation in which
Eastern and European elements are combined; in the West Indies,
there are European populations, and a number of Negroes,

- descendants of slaves imported from Africa in the past. These
lands are connected with Britain by the usual economic links of
trade and investment. There remain some smaller possessions,
such as Gibraltar and Malta, whose chief importance is as naval
bases.

All these possessions, except Mandated Territories which are
considered later, are divided into Crown Colonies on the one

EMPIRE

353

hand, and Protectorates and Dependencies on the other. This
classification relates rather to the circumstances in which they
came under British control, than to the method of their Govern¬
ment. It is more in accord with present facts to classify the
colonial possessions with reference to the amount of Self-Govern¬
ment which they possess. Many, particularly in the West Indies,
have a Legislative Council, which, with the Governor appointed
by His Majesty, rales the Colony. Very few Legislatures, how¬
ever, are wholly elected; usually some or all of the members are
nominated by the Governor. Nor. does the Legislature, whatever,
its composition, have complete control On all vital matters, the
Governor can override it, and he is subject to the instructions of
the Secretary of State for the Colonies, who is in turn responsible
to the British Parliament. All Colonies are subject to the Colonial
Laws Validity Act, 1865, which declares that the British Parlia¬
ment lias power to make laws extending to the Colonies, and
that no Act of a Colonial Legislature shall have any effect if it
conflicts with a British Act. This does not mean that the laws of
Britain and the Colonies are the same; in many Colonies, the
right of attacking and criticising _ the Government is more ■
restricted than it is here. But if the British Parliament chooses to
state explicitly in an Act ‘that the law's of Britain with regard to,
say, freedom of public meeting, or any other matter, shall apply
to any Colony, then those laws would apply, no matter what
Acts the Colonial Legislature had passed. , Because of this
supremacy, the British Parliament is frequently described as the
“Imperial Parliament 59 .

The right to vote is hr nearly all Colonies restricted to those
who own a certain amount of property; and where, as in Africa,
there is a small white population side by side with a large number
of people of other races, the latter have little or no right of
representation. Thus a grant of “self-Govemment 55 to such an
area as Kenya would not mean democratic Government, but
control by the white minority resident there. The Colonial Office

t<i1rAO t'lurf*. rriAtir IhTkof* f-vrr momtorntno' /\*rA*» tOk aca

EM.

land lias been taken fr
cans. The African,* pre^
ces, and obliged to pay
age and conditions of lab
f Ms forming trade unioi
t of a slave. Meanwhile.

356 THE BRITISH APPROACH TO POLITICS

lation both of Jews and Arabs. Religious difficulties aggravate
the problem, since Palestine, besides being the Holy Land for
Christians, contains many places sacred to the Jews, and others
sacred to Muhummadans. The development of labour organisa¬
tions, and co-operative agriculture in which both peoples can
take part, may in time relieve the tension. For the present,' the
British administration has curtailed the immigration of Jews,
and is preoccupied with the task of maintaining its own authority
in face of Arab risings. A plan has recently been proposed to
divide Palestine into a Jewish State, an Arab State, and an area
including Jerusalem, to be kept under British control.

Tanganyika and somq smaller parts of Africa are British
Class B Mandates. Such territories are governed as Colonies,
but the Mandatory Power must prohibit abuses such as traffic
in slaves, arms, or liquor; it may not use the territory or its
inhabitants to increase its own military strength; nor may it grant
its own subjects opportunities for trade in the Mandated Areas
which it does not grant to the subjects of other States Members
of the League.

There are also Class C. Mandates—areas which a Mandatory
Power governs as it sees fit, except for the annual report to the
League, and the prohibition of abuses. Britain has only one such
Mandate—Nauru in the Pacific—and this is administered .for
Britain by 'the Commonwealth of Australia.

The Kingdom of Irak was a British Class A Mandate until
I 93 2 s when it became, with the approval of the League, an
independent State closely connected by treaty with Britain.
All lands from Egypt to the Persian Gulf axe of great interest to
Britain, partly because some of the supplies of oil required for
the Navy are found there, and partly on account of the sea and'
air routes to India. Egypt, once held by a British Army of
Occupation, is now like Irak, independent but linked to Britain
by treaty. The Suez Canal, though in Egyptian territory, is in
part the property of the British Government, and its use is
regulated by international agreement. There is no doubt that if

EMPIRE 357

Egypt were attacked* Britain would come to her defence as
unhesitatingly as if she were part of the Empire.

THE PURPOSE OF EMPIRE.

The^ domination of these vast areas and millions of people of
so many races and cultures, by the small island of Britain, is an
impressive spectacle. What are the results for the ordinary
citizen of this country? In so far as peace is preserved, and the
'standard of life of the subject 'peoples raised, the people of
Britain—and of other .countries—will benefit from the increase
in the world’s wealth and trade. More questionable - is the benefit
secured to British owners of property in the Empire, by the use
of the Imperial Power to control native labour. If oppressive
conditions of labour are maintained in the name of law and
order, the resulting discontent may seriously increase the cost
of maintaining British rule. Similarly, the regulation of Imperial
trade in the interests of Britain alone, may provoke resentment
among other nations, and so lead to increased expenditure on
armaments. An Empire may be a contribution to the sum total
of just and efficient government in the world; a method of
increasing the profits of property owners; a source of jealousy
among the nations with few or no possessions. The British Empire
at present performs all three of these functions; its future depends
on the extent to which it can develop the first. To. put the problem
in general terms, any association -of peoples in which one people
pursues its advantage at the expense of the rest, has an uncertain
existence based on force; the only permanent basis for such
association is the joint pursuit of the interests of all. It is, no
doubt, true that many subject peoples in the British Empire
'could not now, if left to govern themselves, pursue their own
interests successfully; but this imposes on Britain the respon¬
sibility of providing them with the education necessary for
self-Govemment. The aim of Empire should be to 'transform
itself into Commonwealth. The ordinary citizen is much occupied
with the problems of Britain, and does not find it easy to consider

358 THE BRITISH APPROACH TO POLITICS

the difficulties of the many peoples for whose Government he
is responsible; but he can keep alive in himself the realization of
that common humanity by which he is linked to Indian and
African, and make it the criterion by which he shall judge
Imperial policy.

BOOKS:

BARNES. The Duty of Empire.

ROYAL INSTITUTE of international affairs. Raw Materials and
Colonies.

Simon Commission Report 3 Vol. I. .1930.

Government of India Act 1935.

HUTCHINSON. The Empire of the Nabobs.

CHAPTER XXIII

COMMONWEALTH

Status of the Dominions
Canada

Newfoundland

Australia

New Zealand

Union of South Africa

Eire

Unity of the Commonwealth
Conclusions

STATUS OF THE DOMINIONS.

The first great community of Britons and other Europeans to
be established as part of the British Empire overseas was the
North American Colonies; and the attempt to govern them
without sufficient regard for the inhabitants 5 wishes resulted in
their loss at the end of the eighteenth century. During the nine¬
teenth century, when similar communities were growing up in
Canada and Australia, the opinion was sometimes expressed that
they too would separate from the Mother Country, and that the
object of policy should be to arrange the separation with as little
ill feeling as possible. But it soon became ■ apparent that there
were solid advantages in preserving the.connection. Migration
to the 1 unpeopled spaces overseas would be more attractive if
the travellers knew they were not going to a foreign country;
the investment of capital would be encouraged if it were known
that the same ideas of law and property prevailed overseas as in
Britain; and the growing populations would be a new source of
power and prestige. But if the American mistake was not to be
repeated, the overseas Britons must be given a generous measure
of self-Govemment. They were accordingly provided with forms

360 THE BRITISH APPROACH TO POLITICS

of Government on the British models their status being defined
by the Colonial Laws Validity Act;, and while the Imperial

Parliament thus preserved its supremacy, it was slow to use it.
The Great War demonstrated that these Colonies, as they were
still officially called, were nations able and determined to rule
themselves; second, that their ties of history and kinship with the
Mother Country were so strong that of their own choice they
would act with her in a time of crisis.

These facts were soon reflected in an alteration of adminis¬
trative machinery. In 1925 a new Cabinet Office was created, the
Secretary of State for the Dominions. At first this post and that
of Secretary of State for the Colonies were held by the same
person; but there are now two Ministers and two separate
establishment's. The Dominions Office has charge of relations
with Canada, Newfoundland, Australia, New Zealand, the Union
’ of South Africa, Southern Rhodesia, and the Dominion known
in 1925 as the Irish Free State. Southern Rhodesia is not called
a Dominion, but a “self-governing Colony” and the Dominions
Secretary has power to override the Acts of its Parliament.

At the Imperial 1 Conference of 1926, it was agreed that the
status of the Dominions should be legally recognised, and in
1931 the important Statute of Westminster was passed. This Act
states that the Colonial Laws Validity Act shall not apply to the
Dominions, and their Parliaments have therefore the power to
make what laws they please, each for its own territory. Thus,
while the legislature for the United Kingdom is the King and
the Houses of Lords and Commons, the legislature for Canada
is the King and the Houses of the Canadian Parliament at Ottawa,
and so throughout the Dominions. The Rang is represented in
the Dominions by a Governor or Governor-General, and it is
now recognised that he, like the King in Britain, will act on the
advice of Ministers responsible to the Dominion Parliament.
The King is thus the link between the Governments of Britain
and of the Dominions; and in the preamble to the Statute of
Westminster, it is accordingly laid down that any Act affecting

COMMONWEALTH

361

■the succession to the Throne requires the consent of the Dominion
Parliaments as well as that of the United Kingdom. This provision
came into operation at the Abdication of Edward VIII. To this
extent the Sovereignty of the Westminster Parliament is limited*
and the Statute may be regarded as the beginning of a written
Constitution for the Commonwealth. It is arguable in law ’that
the Parliament which passed this Statute has power to repeal it*
but in fact no such attempt would be made. Except for certain
points expressly mentioned in the Statute* the Dominions possess
complete power of self-Govemment*

CANADA.

After the discovery of the New World* Britons and Frenchmen
settled on the eastern fringe of Canada* and after the Seven
Years War (1756-1763) both communities were brought under
British rale. There was further migration from Britain* and when
the Thirteen Colonies proclaimed their independence* and became
the United States* a number of people who wished to remain
under British rule entered Canada. New Provinces* each with its
form of Government prescribed by the British Parliament* were
created. Disputes between Protestant Britons and Catholic
Frenchmen hindered co-operation between the Provinces* though
there was an obvious need for combined effort to develop the
untouched regions of the West. Accordingly* the British North
America Act* 1867* set up a Federal Constitution for the Dominion
of Canada* whose boundaries now reach to the Pacific. 'Each
Province was guaranteed certain rights* and provision was made
against the passing of laws which should interfere with the
religious liberties of the French minority. The powers of the
Provinces* however* are small* and over all matters that the Act
does not definitely assign to them* the Dominion Government has
power; the latter can also disallow any Acts passed by the Legis¬
latures of the Provinces. In technical language* Canada is a
Federal State* granting “residual powers’ 5 to the Federal Authority
and having a rigid constitution* viz.: the British North America

362 THE BRITISH APPROACH TO POLITICS

Act, The Dominion Government, and the Government of a
Province,' acting together, can modify this Constitution in order
to prevent inconvenient differences between the laws of separate
Provinces; but fundamental alterations can only be made by the
Parliament of the United Kingdom. This position is not changed
even by the Statute of Westminster; but if a strong demand for
the alteration of the 1867 Act should arise from Canada, it could
hardly be resisted. ' .

As the West of Canada was developed* successive Acts drew
the administrative boundaries, so that there are now nine
Provinces; the districts of the extreme North are Territories
administered by the Dominion Government.

Executive power is in the hands of the Governor-General and
a Privy Council, though from the latter a Cabinet is selected,
functioning as does that of Britain. The legislature is the
Governor-General, the Senate and the House of Commons. The
Senate is an undemocratic body, whose ninety-six members
must possess a property qualification. They are chosen for life
by the Governor-General, the proportions in which they are
selected being such as to strengthen the position of the smaller
Provinces. Bills must pass through both Houses to become law,,
but the Senate does not as a rule press opposition very far. The
House of Commons is elected in the usual manner; it may be
dissolved by the Governor-General, and cannot in any event
continue for more than five years.

It has often been" remarked that the frontier 'between Canada
and the United States is the longest in the world, and has no
military forces stationed on either side. Both nations evidently
regard conflict as out of the question, and this is a factor making
for British-American friendship. Further, while Canada would
not wish to attach herself politically to the United States, there
is a strong economic connection. There is more American-owned
than British-owned capital in the Dominion; there has been
much migration in both directions but chiefly out of Canada.
Many Asiatics have entered the Western Provinces, so that the

COMMONWEALTH

363

Dominion has, like the United States, adopted a policy of restrict¬
ing such immigration. In framing foreign policy, Canada is
therefore inclined to lay more stress on the Pacific, and less on
European affairs, than Britain.

NEWFOUNDLAND.

Canada’s smaller neighbour, Newfoundland, was mentioned
as a Dominion by the Statute of Westminster. Its people, how¬
ever, have had a hard struggle with poverty, and much of the
development of its resources has been carried by British-owned
capital, on which interest has to be paid. During the great sl ump
of 1932, Newfoundland was, like all debtor countries, in great
difficulty, as, with the falling prices of exports, it became
impossible to obtain enough money to pay debts. The Dominion
was brought to bankruptcy, and the help of the United Kingdom
was sought. In 1934, Newfoundland lost its Dominion status,
and has since been ruled by a Commission over which the
Governor has control.

AUSTRALIA.

People from Britain had begun to settle in Australia in the
early nineteenth century, and, as is well known, parts of the
Continent were used for a time as penal settlements. The laws
of Britain were then so harsh that by no means all those sent to
Australia were serious criminals; but the policy did mean that
there was no attempt to provide the new land with a population
suited to its needs. Later came a larger stream of free emigrants,
and, as in Canada, separate States were formed. Some of these
began to block inter-State trade by tariffs, and the resulting
inconveniences led to a desire for Federation. When in 1883
Germany occupied New Guinea, Australians began to consider
more closely the strategy of the Pacific Ocean, and the need
for a united defence policy. The Commonwealth of Australia
Constitution Act, 1900, provided the States with a Federal
Constitution, in accordance with which, subject to the Statute of

364 THE BRITISH APPROACH TO POLITICS

Westminster and certain minor alterations* they are still governed.

The States enjoy greater independence than do the Canadian
Provinces. The Commonwealth Government has control of
armed forces* marriage laws* immigration* tariff policy* and
some other economic matters expressly mentioned in the Act;
but the States have “residual powers’ 5 . As in the United States*
the courts* particularly the Federal Supreme Court, will uphold
the rights of States, and declare unconstitutional any law of the
Commonwealth Parliament which infringes them. Consequently*
many experiments in social policy have been made by the States
—as also by the Commonwealth as a whole. There are at present
six States enjoying these rights* and two others* Central and
Northern Australia* which, like the Territories of Canada, are
controlled by the Federal Government. Despite the building of
the impressive Federal Capital at Canberra* it has not been easy
to keep the States together* because of their different economic
interests* and the vast size of the Continent. Western Australia
has made a request to be separated from the Commonwealth.

To alter the Constitution* an Act must first be passed through
both Houses of Parliament* and then submitted to the vote of
the whole people; if it secures a majority* both in each State* and
in the Commonwealth as a whole* it becomes law. This device
of submitting, a proposed law to popular vote is known as the
Referendum. It serves to keep elected assemblies subject to the
electors* will. If extensively used* it has the drawback of weaken¬
ing the Government; but when restricted to laws altering a
Federal Constitution* it is a valuable safeguard of the rights of
the Federal States. The Swiss Confederation makes use of it
both for Constitutional and other laws.

The Federal Government is in the hands of the Governor-
General and a Federal Executive Council* whose members must
sit in one or other of the two Houses of the Legislature—the
Senate and the House of Representatives. Both these Houses are
directly elected by the people* but while the former contains an
equal number from each State* the total membership of the

COMMONWEALTH

365

latter, and the number of representatives from each State,
depend on the population. The House of Representatives can be
dissolved at any time by the Executive, nor can it last longer
than three years without an election. The Senate is a permanent
body, whose members retire in rotation; blit if the two Houses
disagree, they may both be dissolved, and after a new election
a majority vote at a Joint Sitting, in which the Senate .woiild be
considerably outnumbered, decides the matter. As has been shown,
the powers of the British House of Lords may be so used as to
require an election on an issue disputed between Lords and
Commons; the Australian Constitution gives definite expression
to this principle of appeal to the people. The two Australian
Houses have equal power, except over Money Bills; the Senate
can only make recommendations about these; it cannot originate
or amend.

The Commonwealth stretches over an area mote than thirty
times that of the United Kingdom, yet contains less than seven

million people. Migration from Britain, which, from a glance at
the map and the figures of British unemployment, seems the
obvious policy, is difficult to arrange. Much of the unpeopled
space is barren through lack of rainfall, and though it might, at
great expense, be made more fit for habitation, it is hard to say
what population Australia could, under modem conditions,
support. As a producer of wool, she suffered severely from the
1932 slump, and is still suffering from the decline in Japanese
purchases of wool following the great military expenditure of that
country. Small numbers do not necessarily mean absence of
unemployment. The Empire Settlement Act, I93 2 * fed t0
co-operation between the Mother Country and the States of
Australia, as a result of which a limited number of people were
enabled to migrate with grants of money and land to help them.
In 19365 the Overseas Settlement Board was set up as a Depart¬
ment of the Dominions Office to consider the whole problem.
If world economic policy can be framed so as to provide greater
•security against slump, it may be that migration, both to

366 THE BRITISH APPROACH TO POLITICS

Australia and to other Dominions, will be a larger element in
British policy than heretofore. Meanwhile, the Australians are
anxious to maintain a “White Australia” policy, i.e., to prevent
Japanese and other Asiatic peoples from settling in the Continent.
Unless the white peoples can develop the area themselves, it will
become increasingly difficult to resist future demands from
Japan; but the Australians not unreasonably claim that they do
not wish their standard of life lowered, nor their problems of
Government complicated by the growth of communities living
at the low standard now prevalent in Japan itself This aspect of
the Pacific problem causes Australia—and New Zealand—to
take a special interest in foreign policy and Imperial Defence.
Both Dominions have outposts in the Pacific; Mew Zealand
obtained Samoa as a Class C Mandate, and Australia administers
in like manner the former German possessions south of the
Equator.

NEW ZEALAND.

Shortly after Australia began to be colonized, further settle¬
ments were established in New Zealand. In the i86o 5 s there
were disastrous wars with the Maoris, a brave and intelligent
people whom the colonists found in possession of the islands.

Since then, more regard has been paid to their rights; they now
form five per cent, of the population, and live separately but on
friendly terms with the whites. While both the history and size
of Canada and Australia made a Federal Constitution desirable.
New Zealand has a Unitary form of government. Until 1842 it
was a Dependency of the Australian State of New South Wales.
Since that date it has had its own Constitution, the essentials of
which were defined by an Act of 1852. Executive power belongs
to the Governor and his Executive Council, modelled on the
British Cabinet. There are two Legislative Houses, a Legislative
0 Council* whose thirty-eight members are appointed for a term
of seven years by the Governor, and a House of Representatives,
containing eighty members, elected for a maximum period of four

COMMONWEALTH 367

years. Four of these Representatives are Maoris, elected by their
own people. There is provision for a Joint Sitting of the Houses to
settle points in dispute, but in practice the House of Represent¬
atives does not experience serious opposition. The fertile land
and favourable climate are aids to prosperity, though New
Zealand has experienced the difficulties common to all food-
producing countries in recent years. State regulation of industry
and agriculture, and legislation concerning hours, wages, and
conditions of labour, have been carried further in New Zealand
than in any other part of the British Commonwealth.

THE UNION OF SOUTH AFRICA.

Before the Suez Canal was made, the shortest route to TnHia
was round the Cape of Good Hope. From the sixteenth to the
eighteenth century, the great trading nations, Dutch, Portuguese
and British, secured a foothold there. In the early nineteenth
century, the Cape Colony came under British rule, and some
years later, the British secured control of Natal. Large numbers
of Boer (Dutch) settlers in the Cape, dissatisfied with British rule,
journeyed inland and established two independent Republics,
the Orange River, and the Transvaal; they also settled in Natal.
Discoveries of gold and diamonds in the Transvaal attracted many
British people. There they were known as “Outlanders”, and
though they paid taxes, did not enjoy the rights of citizens. The
Boers maintained that they had created a civilized state out of
African jungle, and saw no reason why they should enfranchise
people who had come, after the difficult pioneering work was done,
to enrich themselves. The Outlanders replied that their enterprise
and capital had enriched the whole country. These Hiffereneec i e d
to the Boer War, by the end of which in 1902 the Boer Republics
were part of the British Empire. There were thus four separate
Colonies in South Africa. The need for common policy with regard
to tariffs, the treatment of the native Africans, and the management
of the publicly owned railways, led to the making of plans for
Union. The Boer War had provoked much controversy in Britain;

368 THE BRITISH APPROACH TO POLITICS

many of the' opponents of the Conservative Government of the

time maintained that it was an unjustifiable war of aggression*
and that the Boers had been unfairly treated. The Liberal
Government which took power in 1906 wished to pursue a
conciliatory policy, and in 1909 the South Africa Act was passed,
which turned the colonies into Provinces of the Union of South
Africa, and gave the Union self-Govemment. Britain and Boer
were placed on an equal footing, and their languages, English and
Afrikaans, were given the same status for official use. The form
of Government is not Federal but Unitary, though each Province
has wide powers, e.g., power * of direct taxation, control of
education, and separate franchise laws.

The Governor-General and his Executive Council are responsible
to a Legislature, which contains two Houses. The Lower House,
known as the House of Assembly, has one hundred and fifty
members elected from the Provinces in accordance with their
white populations. The maximum length of life of this House is
four years. The Senate has forty members. Eight of these are
nominated by the Governor-General, and must vacate their seats
whenever there is a change of Government. The members of the
House of Assembly for each Province then sit together with their
Provincial Council,, and elect eight Senators to sit for ten years.
Disputes between the Houses may be settled by a joint sitting.
It is important to notice that only white people may be members
of the Legislature, nor have the black population any right to vote
except in the Cape Province. There they elect four Senators,
and three members of the House of Assembly, and these
representatives sit for five years, even if there is a change of
Government and a Dissolution during that period. Since there
are two million white people in the Union, and seven million
black, it appears that the form of Government secures domination
by a white minority. This impression is confirmed by a study of
the laws which exclude the native Africans from the better-paid
occupations, and deprive them of effective labour organisation.
This policy represents a victory of Boer ideas over British.

COMMONWEALTH

369

Though the coloured peoples of the British Empire are often in
a state of subjection, it is the avowed policy of Britain that they
should be given opportunities of education and progress, and
that colour in itself shall be no barrier to advancement, even to
the highest offices in the State. Whatever present practice may be,
there is no place in Britain’s theory of Empire for the view that
coloured races should be kept in permanent subjection. South
Africa, taking the contrary view, forms thus a distinct Empire
within the Commonwealth. This may one day create a grave
problem; for should the South African Government be involved
in serious difficulties with its native population, it is hard to
predict what public opinion in Great Britain would be. The very
primitive and often unclean habits of many Africans in the Union
make the problem, no doubt, exceptionally difficult, but whether
this justifies a doctrine of permanent' inequality is another
question. The possibility of adding Rhodesia and neighbouring
parts of the British Empire to the Union is envisaged by the 1909
Act, but the difference of opinion on native policy has so far
checked the British Government from carrying out the transfer.

By the Peace Treaties of 1919, the former German colony
of South West Africa has become a Class C Mandate of the Union.
The abundant resources and trade of the Union, and its importance
as a producer of gold, cause it to maintain relations of its own
with foreign powers. The recent growth of Italian power in
Africa, and the German demand for the return of lost colonies,
oblige the Government of the Union to follow closely the course
of European politics.

EIRE.

The conquest of Ireland began in the twelfth century and was

not completed until the sixteenth. Although many settlements of

English and Scottish people were made there, the native Irish

have always formed the great majority of the population, and
were treated by the English Government as an alien and subject

people. The Catholic faith was persecuted, and Irish agriculture

37 ° THE BRITISH APPROACH TO POLITICS

and industry were systematically ruined in English interests. 1
The age-long discontent with British rule reached its final Himav
after the War; it was argued that Britain, which at the Peace
Conference championed the right of Eastern European peoples
to self-Govemment, could not refuse it to the Irish. A dreadful
process of civil war, murder and reprisal, continued until 1922,
when King George V made a speech urging both nations to
“forgive and forget”. A Treaty 2 was made between His Majesty’s
Government and the leaders of the Irish Sinn Fein (“ourselves
alone”, i.e.. National independence) movement. Negotiations
followed, and in 1922 the Irish Free State (Agreement) Act,
created a new Dominion comprising all Ireland, except the Six
Counties in the North East. Here lived the descendants of colonists
settled by English rulers in the sixteenth and seventeenth
centuries; their vigorous Protestantism made them unwilling to
join with the Catholics of the rest of Ireland. The Irish Free State
(Constitution) Act 1923 gave to the Free State the rights enjoyed
by the Dominion of Canada, except that the Irish Parliament
could not make laws which contradicted the provisions of the
Treaty. Chief among these were the recognition of the Free
State’s membership of the British Commonwealth, the Oath of
Allegiance to the Bong required from members of the Irish
Parliament, and the right of the British Navy to make use of
certain Irish harbours. While many of the Irish accepted these
terms, a large section declared they would be content with nothing
less than the recognition of a completely independent Irish
Republic. Such a Republic had been proclaimed in the Rebellion
of 1916, and Mr. Eamonn De Valera who since 1919 had been
designated as President, led the opposition to the Treaty. A new
and horrible Civil War between the two sections of the Irish
broke out. The Treaty supporters were victorious, and for nearly

Ch F IX legal Parliamentary relations of the two countries, see

1 In law there cannot be a “Treaty ” between the King and his subjects :
Treaty ” 1 ™ 6 " 11 “ ta0Wn ’ officially ’ as “Articles of Agreement for a

COMMONWEALTH

37 i

ten years ruled the country. Mr. De Valera’s followers reorganised
themselves as the Fianna Fail (Comrades of Destiny) Party, and
became a legal opposition. They drew support from those whose
hostility to the British connection was strongest, and came in
time to represent the interests of the less wealthy farmers. In
193 2 they won an election, and Mr. De Valera proceeded to sever
the links that tied the Free State to Britain. His work reached its
climax in the promulgation of a new Constitution which came into
force at the end of 1937, and in accordance with which the
Dominion is now'governed. - -

By this Constitution, the name of the State is Eire (Ireland)
and it is declared to include the whole country, though the
authority of its Government is not to extend to Northern Ireland
.until an agreement with that Province is obtained.. Thus is
expressed Mr. De Valera’s aspiration for a united Ireland in the
future. A President, elected directly by the people 1 for a seven
year term, appoints the Prime Minister and approves the latter’s
choice of Ministers, all of whom must be members of the
Oireachtas (Parliament). This body has two Houses—Dail
Eireann (Assembly of Ireland) elected in the usual manner, and
the Seanad (Senate) of sixty members, eleven nominated by the
President, and the remainder elected. If the Senate and one third
of the Bail object to a Bill, the President may.if he wishes refuse
Ms assent until a Referendum or a new election has been held.
The President can also ask the Supreme Court to give an opinion
on any Bill wMch he considers contrary to the' Constitution,
and if they hold it to be unconstitutional, it will not become law.
The President has thus powers which distinguish him from the
King in Britain, or Govemors-General in the other Dominions.
On some matters, he must consult a Council of State before
acting, but is not bound by their advice. Some of the members
of this Council are appointed by the President, others are members
ex-officio. The Oath of Allegiance had previously been abolished,

1 In May, ^38* Dr. Douglas Hyde was elected unopposed as the first
President under the new Constitution,

372 THE BRITISH APPROACH TO POLITICS

and does not figure in the new Constitution. Special acknowledg¬
ment is made of the importance of the Catholic Church in Ireland.

The position of the President as head of the State, and the
absence of any representative of the British. Crown are significant.
It is quite clear that the new Constitution sets the Treaty aside.
It may be argued that since the Statute of Westminster did not
mention the Treaty restrictions in its proclamation of Dominion
status, the Free State was legally entitled to do as it pleased. '
This' is not the view of the British Government, which holds
that the people of Eire still owe allegiance to the King. It is
however, impossible to say in what respects Eire is part of the
British Commonwealth, except that the British Government
regards it as such, and neither side is anxious to examine the
legalities of the matter too far. Mr. De Valera’s objective ever
since the Treaty was signed, has been “an Association of the
Kingdom of Great Britain and the Republic of Ireland”. Except
for Northern Ireland, he appears to have reached his goal.

Meanwhile a new difficulty had arisen. The Free State
Government, in order to carry out a land policy, had obtained
financial help from Great Britain, and agreed to make annual
repayments. Mr. De Valera had opposed this policy, and on
coming to power refused to pay the land annuities. The British
Government replied with duties on imports from Ireland, which
injured Irish Trade, and brought in some revenue to Britain. In
1938 an agreement was reached by which the British Government
accepted £10,000,000 in final settlement: at the same time the
provisions of the Treaty, as to the use of Irish harbours, were
cancelled. The relations between the two countries are now
better than at any previous period.

UNITY OF THE COMMONWEALTH.

While the Constitution of Eire emphasises that country’s
freedom from control of the British Parliament, it should again
be stated that all the Dominions enjoy such freedom; and while

all except Eire have at their head a representative of His Majesty,

COMMONWEALTH 373

that representative possesses no more powers than belong to the
King in Britain. By what ties, then, is the Commonwealth united?
First, by the King himself. All the citizens of the Dominions are
his subjects; his representatives form part of the Dominion
Legislatures. The importance of the King in Britain Hre pfr-
the limitations of his prerogative, has been noticed. Though the
King cannot personally take part in the social and ceremonial
life of the Dominions, it is certain that the monarchy
as great an influence over the feelings and ima ginari^n 0 f the
Dominion peoples as over the people of the Mother Country.
The example of monarchy in Britain shows that a tie of sentiment,
though it defies exact description, does not lack strength. An
important legal result of common allegiance is that the subjects
of the Dominions are British subjects, and any of them who i™>
to Britain are on an equal footing with British subjects permanently
resident here.

Secondly, there is the Judicial Committee of the Privy Council.
Some Dominions have restricted the right to appeal to it from
their own Supreme Cotuts, and Eire does not recognise it at all.
But it continues to transact much business, and at times, to settle
inter-Dominion disputes. Some such body is certainly required
by a group of nations between whom, iq the course of trade and
politics, disputes may arise, but who do not think of settling thpm
by other than peaceable means.

This fact may be mentioned as a third and probably the chief
link of the Commonwealth; that each nation in it, whatever its
claims to independence, assumes as a matter of course, one
limitation on its Sovereignty—it will not make war on other
nations of the Commonwealth. The whole people of the Common¬
wealth would regard such an event as unnatural and outrageous.
Thus is the Commonwealth distinguished from any other form
of political association. In the past it has been assumed that
unlimited right to make war was an essential mark of a fully
developed national State; the Commonwealth shows that this
assumption need not always be true.

374 the BRITISH APPROACH TO POLITICS

A fourth point follows from the preceding. The common
feeling which prevents war within the Commonwealth suggests
that all the Dominions would be united in war against a foreign
power. Whether this would invariably be so, is uncertain, but
plans for the Imperial defence rest on the assumption that
there would be unity, at any rate in a major war. The undefined
membership of the Committee of Imperial Defence permits at
any time die association with it of Dominion representatives,
such as' sat in the War Cabinet in 1917 and 1918. Since both
Commonwealth and Empire spread over the world, the command

fence. The Dominions 1

COMMONWEALTH

375

Imperial Constitution, to extend the work of the Statute of

Westminster, and define the position of Mother Country and
Dominions more precisely. Reluctance to dissect a relation which
seems to rest more on feeling than on material facts, has so far
prevented progress in this direction. Differences of opinion
which now lie hid might be brought to the surface by the search
for exact definition. Some machinery of Imperial administration
has, however, proved necessary and useful. Each Dominion
maintains in Britain a High Commissioner, whose relations with
the Dominions Office resemble those of an Ambassador with the
Foreign Office. It is further the business of the High Com¬
missioner’s Staff to set before the people in Britain the economic
possibilities of the Dominions, and to encourage trade, investment
and migration. There are also the Imperial Conferences which
have been held at irregular intervals since 1907. Britain is
represented by the Prime Minister, who presides, and by the
Secretaries for the Dominions and for India; Prime Ministers and
other representatives of the Dominions attend. The agenda is
settled by previous communication, and has contained matters
relating to foreign policy and defence, Dominion status, and trade.

In 1932 a special Imperial Economic Conference was held at
Ottawa. Decisions were reached which have had great effect on
the policy of Britain and of the Dominions. The immediate cause
of the conference was the shrinkage of world trade, and consequent
unemployment. There emerged a series of agreements, by which
Britain and the Dominions mutually agreed to grant preferences
to each other’s products—i.e., to impose tariffs on foreign goods,
and lesser tariffs or none at all, on goods from other British
countries. The Colohial Empire was also affected by these
decisions; preferences for goods from Great Britain entering the
Colonies were now extended to goods from the Dominions, and
the importation of foreign goods by the Colonies was restricted.
The Ottawa Conference succeeded in enlarging inter-imperial
trade, and its decisions were welcome at a time when trade of any
kind was slight. The States of the world having failed to achieve a

376 THE BRITISH APPROACH TO POLITICS

general removal of trade restrictions, groups of nations were
attempting to increase, at least, the trade between themselves. The
British Commonwealth naturally formed such a group. Since,
however, Ottawa did involve higher tariffs against foreign goods,
the difficulty of restoring world trade as a whole, is increased.
This is important, because one serious check on the recovery of
the world since 1933 has been the failure of international trade
to expand adequately. There is the further danger that the trade
of the Colonies will come to be regulated too much in the interests
of the white peoples of the Commonwealth;

CONCLUSIONS.

When Commonwealth and Empire are considered together,
the whole structure is astounding, and compels admiration for
the statecraft of those who built it. The Dominion Constitutions
in particular illustrate a power of adapting past experience to
new conditions. Each of them bears a strong resemblance to that
of Britain—a responsible Executive, a wide franchise, a two-
chamber Legislature, a Cabinet linking Legislature and' Executive.
But each also contains distinct features—Federalism, the
Referendum, joint sittings—ideas and devices alien to the Govern¬
ment of Britain. Frequently a successful attempt has been made
to notice the real effect of the conventions of the British
Constitution, and embody it in the written law of the Dominions.
The idea that the British have a knack of muddling through
rather than a grasp of the principles of political science, does not
bear examination in the light of these facts.

One gigantic task remains; the extension of the idea of
Commonwealth to the whole Empire. Englishman, Canadian,
Australian, regard each other as fellow subjects and equals;
how long will it be before they regard all the peoples under the
British flag in the same light? Will British political talent be
equal to combining the best features of British Government with
institutions acceptable to Asiatics and Africans? If this task is
ever performed, there will emerge not merely an association of

COMMONWEALTH 377

States, but a great society demonstrating the possibilities of
co-operation among the peoples of the world.

BOOKS:

*JENKS. Government of the British Empire.

berriedale Keith. Responsible Government in the British
Dominions. w *

egerton. Federations and Unions in the British Empire,
statute of Westminster, 1931.

CHAPTER XXXV

THE WORLD

The Great Society
The Position of Britain
The Balance of Power
Organisation of the League of Nations
Activities of the League
Mandates
Minorities

Administration of Territory

(i) Saar

(ii) Danzig

Economic and Financial
Social

Humanitarian

(i) Slavery

(ii) Refugees

(iii) Dangerous Drags
Secretariat of the League

The League Budget

Limits to League Work

The International Labour Organisation

The Permanent Court of International Justice

The Preservation of Peace

Collective Security

Difficulties of Sanctions

Decline of Collective Security

The Future

Disarmament anc^ Liberty
THE GREAT SOCIETY.

The idea of a great society jn which men of different races
and nations should combine; in which* though there might be
inequality between rich and poor* there would be no inequality
based on race alone—this idea is not new. The Roman Empire*
which nearly wrecked itself in the attempt to make Government
an Italian monopoly* prolonged its life and usefulness through
nearly five centuries of the Christian Era* by securing co-opebation
between men from Europe* Asia and Africa* and its final inability

378

THE WORLD 379

to absorb the peoples of Northern Europe helped to destroy it.
The Catholic Church, and the Holy Roman Empire, took up the
conception. The latter was at all times restricted to Central
Europe, and had only a few periods of successful practice under
exceptionally able rulers. The Church, while exercising a great
unifying influence, did not prevent the development of
Sovereign States in Western Europe. The power which such a
State could wield was a recommendation for nationalism, and by
the nineteenth century, the whole world was organised intn
Sovereign States, great and small. Meanwhile, trade had brought
them all into close contact with one another, so that the need for
agreed policy was greater. The invention of destructive and very
costly armaments meant that unless peaceable relations could be

preserved, mankind would do itself serious—perhaps irreparable_

damage. Such relations are only preserved between parties who
recognise some common rules of conduct, and do not mqir» their
own wishes the sole test of right action.

This, then, is the problem of world politicsfor economic
and military reasons, the political structure of the world ought to
resemble a great society much more closely than it does; the claims
of each State to Sovereignty, and the rivalries of empires impede
progress towards a great society. The British Empire contains
the possibilities of a great society, but has not developed them;
nor does it account for more than a quarter of the world’s area
or population. The Soviet Union is another example of a great
society over part of the world, embracing one-sixth of the area,
and rather less than one-tenth of the population, 180,000,000
people of different races. But the three nations—Germany, Italy
and Japan—which have recently formed an Anti-Communist
Pact, appear both as rivals to the British Empire, and
to the Soviet Union. There is no universal society of manhn^
The Roman method of joining peoples together, in the first
instance, by conquest, is out of the question. Moreover, the
of the nation rests on history, language, and other facts, so that
even within a universal society, nations would have a part to play.

AA

380 THE BRITISH APPROACH TO POLITICS

The object of policy cannot, therefore, be to draft a world consti¬
tution, as if peoples of all nations could be regarded as the same;
it is, rather, to start from the present world of Sovereign States,
to draw their attention to the matters on which common action
is essential and advantageous, and to frame the rales of such
common action. In this proass, there must be some sacrifice
of State Sovereignty, and thus the way is paved for closer union.

THE POSITION OF BRITAIN.

Great Britain has a particular interest in this project. Her
population cannot support itself except by trade with other
countries; the income earned by British shipping and finance,
and all the people these occupations employ, depend on the
preservation of world peace. If the world as a whole is uneasy,
and each nation, distrusting its neighbour, maintains expensive
armaments, Britain has a similar burden imposed on herself.
Nor is it possible for Britain, even with her Dominions and
Colonies, to witblraw from the world as a self-contained unit.
Vast as the combined resources of Commonwealth and Empire are,
they do not supply all the needs of the inhabitants. The Dominions
can direct their trade as they wish, and it is not part of their
policy to confine it solely to British lands. The Empire, apart
from the Dominions, is far from being economically self-sufficient.
Even if Imperial resources made it possible to sever relations
with the outside world, and live in isolation, such a policy would
lead to war rather than peace. The blocking of trade between
British lands and foreign countries would deprive die latter of
iriarkets and supplies to such an extent, that the continued
existence of Commonwealth and Empire would be an injury to
them. Further, inter-imperial trade must be sea-borne, and an
isolated Britain could only feel secure if her navy were sufficient
to defeat any possible combination against her. Such a navy,
however, would confer not only power to protect British interests
but power to block the trade of other nations; the latter would
strengthen their navies to meet the danger. Britain might protest

THE WORLD

3 8 l

that she had no intention of so abusing her power; foreigners
might reply that, as they had no intention of injuring Britain,
there was no need for her to rale the seas. In a world of Sovereign
States, no State will remain, for longer than it can help, in a
position where other States would be able to get the mastery over
it. This explains why both sides in wars have often claimed, with
equal sincerity, that they were fighting in self-defence. If it be
the rale of the world that each nation should make itself secure
by its own efforts, then each will require such control over
economic resources and strategic positions that it menaces others.

THE BALANCE OF POWER.

It is not possible, then, to make a complete separation
between British and world interests, since the chief British

interest is the preservation of world peace, for which the
co-operation of other nations is necessary. In like manner, the
interests of France, Germany, or any other State cannot be
divorced from the common interest of mankind; but to Great
Britain, with her dependence on trade, this truth has a special
application. British statesmen have in the past pursued many
different lines of foreign policy; but the impossibility of isolation
^ has been common to all. One often-practised policy was the
Balance of Power, i.e., the attempt to see that no one Power
became strong enough to overwhelm the rest. As, during the
18th and 19th centuries, first France and then Germany became
the greatest Continental Power, Britain looked with favour on
the weaker side in the hope of restraining the stronger. By such
means skilled diplomats can preserve peace for a time; but
the adoption of similar tactics by all Great Powers results in
a search for allies at the end of which the world is arrayed in two
camps, one, if not both, of which is waiting for an event, such as
the 1914 Serajevo assassination, which will provoke war at a
time when its chances of victory are as great as they are ever likely
to be. The weakness of the Balance of Power doctrine was that it
took for granted that States may and will go to war if they see

380 THE BRITISH APPROACH TO POLITICS

The object of policy cannot, therefore, be to draft a world consti¬
tution, as if peoples of all nations could be regarded as the same;
it is, rather, to start from the present world of Sovereign States,
to draw their attention to the matters on which common action
is essential and advantageous, and to frame the rales of such
common action. In this process, there must be some sacrifice
of State Sovereignty, and thus the way is paved for closer union.

THE POSITION OF BRITAIN.

Great Britain has a particular interest in this project. Her
population cannot support itself except by trade with other
countries; the income earned by British shipping and finance,
and all the people these occupations employ, depend on the
preservation of world peace. If the world as a whole is uneasy,
and each nation, distrusting its neighbour, maintains expensive
armaments, Britain has a similar burden imposed on herself.
Nor is it possible for Britain, even with her Dominions and
Colonies, to withdraw from the world as a self-contained unit.
Vast as the combined resources of Commonwealth and Empire are,
they do not supply all the needs of the inhabitants. The Dominions
can direct their trade as they wish, and it is not part of their
policy to confine it solely to British lands. The Empire, apart
from the Dominions, is far from being economically self-sufficient.
Even if Imperial resources made it possible to sever relations
with the outside world, and live in isolation, such a policy would
lead to war rather than peace. The blocking of trade between
British lands and foreign countries would deprive the latter of
markets and supplies to such an extent, that the continued
existence of Commonwealth and Empire would be an injury to
them. Further, inter-imperial trade must be sea-borne, and an
isolated Britain could only feel secure if her navy were sufficient
to defeat any possible combination against her. Such a navy,
however, would confer not only power to protea British interests
but power to block the trade of other nations; the latter would
strengthen their navies to meet the danger. Britain might protest

THE WORLD

381

that she had no intention of so abusing her power; foreigners
might reply that, as they had no intention of injuring Britain,
there was no need for her to rule the seas. In a world of Sovereign
States, no State will remain, for longer than it can help, in a
position where other States would be able to get the mastery over
it. This explains why both sides in wars have often claimed, with
equal sincerity, that they were fighting in self-defence. If it be
the rule of the world that each nation should make itself secure
by its own efforts, then each will require such control over
economic resources and strategic positions that it menan-s others.

THE BALANCE OF POWER.

It is not possible, then, to make a complete separation
between British and world interests, since the chief British
interest is the preservation of world peace, for which the
co-operation of other nations is necessary. In like manner, the
interests of France, Germany, or any other State cannot be
divorced from the common interest of mankind; but to Great
Britain, with her dependence on trade, this truth has a special
application. British statesmen have in the past pursued many
different lines of foreign policy; but the impossibility of isolation
has been common to all. One often-practised policy was the
Balance of Power, i.e., the attempt to see that no one Power
became strong enough to overwhelm the rest. As, during the
18th and 19th centuries, first France and then Germany became
the greatest Continental Power, Britain looked with favour on
the weaker side in the hope of restraining the stronger. By such
means skilled diplomats can preserve peace for a time; but
the adoption of similar tactics by all Great Powers results in
a search for allies at the end of which the world is arrayed in two
camps, one, if not both, of which is waiting for an event, such as
the 19x4 Serajevo assassination, which will provoke war at a
time when its chances of victory are as great as they are ever likely
to be. The weakness of the Balance of Power doctrine was that it
took for granted that States may and will go to war if they see

382 THE BRITISH APPROACH TO POLITICS

Immediate advantage In so doing; while all were agreed mat war

was criminal folly, there was no attempt to embody this troth in
the political organisation of the world.

The Great War finally discredited the Balance of Power
doctrine, and emphasised the need for world-wide organisation.
It showed further that no great nation could have more than the
slenderest hope of keeping out of a major war. The whole people
realised how deeply they, not only their Governments and Armed
Forces, were concerned; and there was more understanding of
the connection between war and the problems of investment,
profits and standards of life. The years since 1918 have witnessed
attempts to apply these lessons.

ORGANISATION OF THE LEAGUE OF NATIONS.

The Treaties which ended the Great War contained the
Covenant of the League of Nations, the most recent attempt to
organise world society. The original Members of the League were
the victorious powers, except the US. A., and nearly all the neutrals
and new States. The Covenant provides for the admission of new
Members, if two-thirds of the League States agree. Germany
joined in 1926, a number of smaller States did the same, and in
1934 the U.S.S.R. became a Member. The Covenant also provides
for States Members to leave the League by giving two years’
notice. The first important withdrawal was that of Brazil in 1928;
in 1933 Japan and Germany gave notice of withdrawal, as did
Italy in 1937. It has proved that withdrawal becomes effective
in practice as soon as notice is given. In 1938 Austria became part
of Germany and can no longer be considered a League Member.
To-day, therefore, the League lacks the membership of four
Great Powers. Other States, eligible but not members, are
Brazil, Costa Rica, Saudi Arabia, the Yemen and Iceland. Britain,
India and the Dominions have all, severally, been Members
throughout; this gives international recognition to the nationhood
of the Dominions and the intended Dominion status of India.

Each State Member is represented by a Delegation, and has

THE WORLD 3^3

one vote in the Assembly of the League. The Assembly meets
regularly at Geneva in the September of each year. The principle
of “one State one vote” was essential if Sovereign States were to
join at all; but there was also need for recognition of the fact
that States differ in population and resources. The Council of the
League, therefore, is composed in part of Permanent Members
who are the Great Powers—Britain, France, the U.S.S.R., and
formerly Italy, Germany and Japan. In addition to these there are
ninp non-Permanent Members, elected by the Assembly for a
term of three years. Three retire each year and it is possible for
a State to seek re-election if two-thirds of the Assembly approve.
There cannot, however, be more than three non-Permanent
Members serving a second term on the Council at any one time.
The Council has always held at least four meetings a year, and
frequently more; they are held, most often, but by no means
always, at Geneva. Since the Council is the League’s Executive
it has often to act quickly, and may be summoned by the Secretary-
General of the League, at the request of any League Member.

There is a new President of the Council at each Session, the
Members succeeding each other in alphabetical order of their
countries. The Council President opens each session of the
Assembly but that body proceeds immediately to elect its own
President and six Vice-Presidents. Six main Committees are set
up, to deal with legal, technical, social and political questions,
the problem of Disarmament and the Budget of the League.
To these each State may send one Delegate. There is also a
Credentials Committee to make sure that everyone in the Assembly
is the properly appointed representative of a League Member,
and an Agenda Committee to arrange the business.

Assembly and Council together have appointed a number of
Auxiliary Organisations to deal with particular pieces of inter¬
national work. These bodies, recruited from people of first-rate
ability and appropriate experience, have co-ordinated the efforts
of many international bureaux which are older than the League.
League discussions often result in the framing of Conventions—

384 THE BRITISH APPROACH TO POLITICS

i.e., agreements on special topics, which Governments can pledge
themselves to observe. Usually the coming into force of a
Convention means the setting up of a body of officials to see that
it is carried out.

ACTIVITIES OF THE LEAGUE.

The machinery thus created deals with the following matters:—

1. Mandates . The nature and classification of Mandates has
been described in the previous chapter. In addition to those
mentioned, France administers Syria as a Class A Mandate,
France and Belgium have Class B Mandates in Africa, and Japan
had a Class C Mandate over former German possessions in the
Northern Pacific. The, Council has set up a Permanent Mandates
Commission to receive the reports from Mandatory Powers;
the majority of the Commission’s eleven members are subjects
of States which have no Mandates. The Commission, having
examined the reports and further questioned the Mandatory
Powers, sends its conclusions to the Council which draws the
attention of the Powers to whatever action may be necessary.
The matter is subject to further inquiry by the Assembly’s
political committee.

' Over Class C Mandates the League has not been able, to
exercise much influence; and Japan, on leaving the League, took
her Mandates with her. In Class B Mandates, the specific abuses
have been prevented and the administration kept at a level which
compares favourably with that of most Imperial possessions.
The Mandatory Powers have commonly enjoyed the bulls of the
: trade with the Mandated Territories, but serious discrimination
against other Powers has been checked. Britain has profited from
the Commission’s advice over the problems of Palestine and Irak.

2. Minorities. The strip of Europe running from the Baltic
to the Black Sea and the Mediterranean has been the scene of
repeated conflicts. Frontiers have been diawn and altered by war.
Before the Great War, the Austrian, Russian, and, to a lesser
extent, the German Empire contained peoples who differed from

THE WORLD

385

the ruling nation in race, language or faith. They were subjected,
sometimes to restriction of citizen rights, and often to oppression.
The victorious Powers declared in 1918 that frontiers would be
drawn in accordance with the wishes of the peoples, as influenced
by the differences of race or language. This principle could not
be completely carried into effect. Teutons, Slavs, Magyars,
Greeks, Turks and the subdivisions of these races mingled with
one another so that no frontiers could be drawn which did not
somewhere leave “pockets” of people surrounded by those alien
to them. Even where the race-language frontier could be drawn
it sometimes ran so that a State would be left in an indefensible
military position ; or it might cut across a district whose prosperity
would be impaired if there were no freedom of trade'between
each part. The makers of the Peace Treaties had to effect a
compromise between these claims, and in the result, there were
minorities in many States—Ge r ma ns in Czecho-Slovakia,
Hungarians in Rumania, Macedonians in Yugo-Slavia and so on.
Where there was doubt, the defeated Powers were not likely to
get the benefit of it, and the present boundaries have been strongly
criticised as likely to perpetuate ill-feeling. But there is no certainty
that a re-arrangement would improve the situation. The problem
is not soluble in terms of completely Sovereign States. If, for
example, the Danubian States could have been persuaded to
surrender their rights of imposing tariffs to a Federal authority,
and if military preparations could have been subjected to inter- '
national inspection, frontiers would have become less important
and the menace to peace would have been reduced.

The Peace Treaties, and other Treaties concluded then and
later did, however, make one inroad into Sovereignty. Poland,
the Little Entente (Rumania, Yugo-Slavia, Czecho-Slovakia),
Greece, Bulgaria, Hungary, Turkey and the Baltic States bound
themselves not to persecute their minorities, and to provide them
with educational facilities in their own language, opportunities
for worship according to their faith and reasonable chance of
appointment to the public services. Infringement of Minority

386 THE BRITISH APPROACH TO POLITICS

Treaties may be brought to the notice of the League Council by
any Member of the Council* or by petitions from the minorities.
The Secretary-General has to satisfy himself that they are
temperately, worded* and are not attempts at propaganda for the

re-drawing of frontiers. That is to say* the minority has its rights*
but must co-operate with the State of which it forms a part.
The President of the Council appoints a Committee of Council
Members to report on each petition. If the State concerned
agrees* the record of the Committee’s work will be published;
refusal of assent to publication would be almost a confession of
bad faith. Publicity and the desire to stand well with the Great
Powers were thus forces influencing the lesser countries to
respect Minority Treaties.

3. Administration of. Territory, (i) The Saar . This district*
with an overwhelmingly German population, was economically
linked with Alsace and Lorraine which had justifiably been
returned to France. It was therefore ruled* until January 1935,
by a Governing Commission* subject to the League Council;
then, in accordance with the Treaty of Versailles, a plebiscite
was held. A Plebiscite Commission was appointed by the Council
and furnished with staff and troops drawn from several nations
other than France and Germany. Amid the intense excitement
of the campaign* the Commission preserved order and the vote
was taken. More than 90 per cent, of the people voted for re-union
with Germany* and this decision was carried into effect.

(ii) Danzig. This port lies between East Prussia and the
‘‘Polish corridor 55 which separates that province from the rest
of Germany. The majority of its people are German* but there is
a Polish minority and the right to use the port was vital to Polish
trade. Danzig was therefore created a Free City with a democratic
' Constitution under the protection of the League Council* which
appointed a High Commissioner. Several disputes arose between
Poland and the Free City* and the Poles put much effort into
developing the rival port of Gdynia in their own territory.
Growing trade* however, provided work for both ports* and

THE WORLD 3*7

successive High Commissioners were able to establish tolerable
relations. After Hitler’s success in Germany, the'Danzig Nazi
Party made great strides, and now rules the City, it has brought
the High Commissioner’s work to a standstill, and in internal
affairs there is little to choose between Danzig and Germany.
The Poles have not yet lost their rights, but view the situation
anxiously, particularly since the annexation of Austria.

4. Economic and Financial The Economic and Financial
Organisation set up by the League has many achievements to its
credit. The new States—and many others—found their finances
after the War in disorder, and their trade hampered. Many
possessed valuable resources which were not used because no
one would take the risk of lending the necessary money. Some
were unable, to staff their own Civil Services adequately. They
had recourse to the Organisation which provided advice on
policy, and expert assistance. The countries were then able to
borrow, and the Financial Committee of the Organisation
arranged the loans, repayment of which was guaranteed by the
chief League Powers. The importance of this work is great;
for the resources of South-Eastern Europe are well worth
possessing and unless the native Governments can keep on their
feet, the whole area is a tempting prize to the Great Powers,
and so a cause of war as it has often been in the past.

The Organisation has also increased prosperity by persuading
States to adopt common principles in their commercial law, and
to simplify Customs formalities. Between 1920 and 1929 the
world enjoyed a period of economic progress; millions were
removed from the pressing fear of starvation to a condition
which, if not attractive, was at least tolerable. To this result the
Organisation had contributed. Post-war disorders, however,
proved easier to remove from the economic system than the
older defect of liability to slump. The 1932 depression undid
some of the work of reconstruction and since then insufficient
use has been made of the Organisation’s services.

5. Social Even in Britain, large scale social services are a

388 THE BRITISH APPROACH TO POLITICS

recent growth, and there are many States with far less experience.
The Health Organisation of the League, by collecting statistics
and arranging exchange visits between public servants of different
nationalities, pools the available knowledge. Men and women
engaged in medical research are put into touch with their fellow-
workers. When new ideas are being tested, the results of experi¬
ments throughout the world can be tabulated. Unnecessary
repetition of work by different scientists, ignorant of each other’s
progress, can be avoided. The Organisation has been of great
value to nations with undeveloped health services; nor has the
gain been confined to them. A people whose health is undermined
by tuberculosis will have a low standard of life and be but a poor
market for other nations. The knowledge of how to fight malaria
brings into mankind’s use regions previously uninhabitable.
The conquest of cholera, plague and other diseases which can be
borne by ships, is the concern of all. Through the Health Organ¬
isation quarantine rules have been made more effective. The
Eastern Bureau of the Organisation, at Singapore, receives
weekly information from some 160 ports round the Pacific and
Indian Oceans, and news of any outbreak is spread at once
throughout this area.

The Committee of Intellectual Co-operation similarly connects
workers in every field of science and art. The results of differ^u -
educational methods can be compared in the light of collected
evidence. Some progress has been made with a difficult and
important problem—the revision of school history-books so that
they shall not present to the rising generation false accounts
calculated to keep old hatreds alive.

The social and economic work of the League has been nri1im»H
to great effect in China. The Government of General Ghiang
Kat-Shek has many defects; but over great areas it wages
increasingly successful war against floods and disease, and was
reorganising the finances of the State. Throughout this work,
now hampered by the war with Japan, experts appointed by the
economic and social organisations assist the Government.

THE WORLD' 389

6. Humanitarian . ( 1 ) Slavery . In some parts of the world,
slavery still persists, and conditions very like it prevail in many
:olonies. The political Committee of the Assembly and certain
Committees of Experts have brought the facts to light and induced
governments such as those of Ethiopia and Liberia to combat
he slave-trade in their territories. Britain has been able to
play a useful part, as her ships in the Red Sea were always
ready to prevent the passage of slave-ships from Africa to
Arabia.

(ii) Refugees. The revolutions and shifting of frontiers of the
jarly post-War years led to political and racial persecutions.
Viany Greeks, Ukrainians, Russians, Macedonians and others
bund themselves without money or homes. States were often
mwilling to receive them, fearing that they carried disease or
vould cause unemployment. At the request of the League,
Dr. Nansen, the Polar explorer, took up the task of finding them
lomes and work, and exercising care that they did not engage in
nnspiracies against the Governments they had left. After Dr.
Hansen’s death the League set up the Nansen International
)ffice to carry on the work.

(Hi) Dangerous Drugs. Opium is the ruin of the drug-addict
>ut the livelihood of poppy-growers in Persia and China. The
ame may be said of other more dangerous drugs whose use is
sss common. Moderate quantities of the drugs are needed for
□tedical purposes, and where the habit of drug-taking is wide-
pread, it can only be gradually suppressed. Various organisations,
et up by the League or under separate Conventions, have
o-operated to create a Supervisory Body whose work is the
aundation of all attempts by Governments to restrict the
roduction and sale of drugs. The Body publishes a yearly state-
lent showing what production and consumption is allowed,
"he Opium Board watches the price of drugs throughout the
rorld and is able to detect the presence, in any region, of
nlawful supplies. Since many of the countries concerned lack
le communications and police forces necessary to enforce the

390 THE BRITISH APPROACH TO POLITICS

law, the ceaseless and often exciting struggle against drug-
running has not yet been brought to a successful conclusion.

SECRETARIAT OF THE LEAGUE.

All these activities, like the political, economic and social
work of the British Government, require a Civil Service. The

Secretariat contains in all some 650 people of fifty different
nationalities. The Secretary-General, at present M. Avenol, a
Frenchman, is appointed by the Council, with the Assembly’s
approval, for a term of from ten to thirteen years. He chooses the
rest of the Staff, subject to the Council’s approval. Great care
has to be exercised not to show favouritism among the nations.
The subtle temptation to bribe a Government to pursue the
right policy by the promise of posts for its subjects must be
avoided. The Secretariat is divided into Sections, each controlled
by a Director, corresponding to the League’s activities, and
serving the Council, the Assembly and the Auxiliary Organisa¬
tions. The whole work is co-ordinated by the Secretary-General
with Deputy- and Under-Secretaries and a Legal Adviser.
These officials, and the Directors must make a solemn declaration
before the Council that they will serve the League’s interests,
uninfluenced by the demands of their own or any other Govern¬
ment. The jealousies of States have made the problem of
appointment extremely difficult. For the creation of an honour¬
able and highly competent body much praise should be given to
Sir Eric Drummond, the Englishman who held the post of
Secretary-General from the start of the League till 1932.

THE LEAGUE BUDGET.

The League, its Auxiliary Organisations and two allied
institutions, the International Labour Organisation and the
■ Permanent Court of International Justice, cost together no more
than £1,300,000 per year. The League’s Budget, which includes
those of the I.L.O. and the Permanent Court, is examined by a
Supervisory Commission appointed by the Assembly, and has

THE WORLD

391

0 be approved* first by the Assembly’s Budget Committee and

hen by the Assembly itself. The Assembly has also laid down
scale which determines how much each State shall pay* in view
f its population and resources. The United Kingdom pays
pproximately one-tenth of the whole* India one-twentieth* and
le total of the Dominion’s contributions is a little less than that
f the United Kingdom. Some States have fallen into arrears* but
le total sum of these is not more than 5 per cent, of the Budget,
"he U.S.A. takes part in some League activities and contributes
) the expenses arising in the same proportion as the United
ungdom contributes to the whole. By saving part of its income
le League has been able to afford the new buildings in which it
ill be able to work more suitably than in the converted hotel
inch has served its needs for eighteen years: nor will the
.ssembly need to use a public hall in Geneva for its meetings.
Inch of the equipment for the new buildings has been given by
rovemments and private organisations.

In describing League activities it is difficult to avoid frequent
lention of Committees* Commissions and the like; but lest it
lould be supposed that the League is merely a bureaucracy* the
ork done should be compared with the tiny staff and modest
cpenditure. Of all the attacks made on the League* that
hich represents it as extravagant has the least foundation in
ct.

[HITS TO LEAGUE WORK.

The disappearance of the League would mean the disorganisa-
m of all this work and consequent rejoicing among slave-owners*
ug-smugglers* persecutors and other enemies of mankind,
leer necessity would compel the continuation, of the health
ork in some form* and organisations older than the League
ould remain. But they would not enjoy the same access to facts
id expert service as the League now provides; the work
ould be carried on less efficiently or at greater cost. Public
union* however* has required a much greater service from the

392 THE BRITISH APPROACH TO POLITICS

League; it was to be the organisation which would preserve peace.
The peoples of the world* in concentrating attention on this
topic* have been inclined to under-estimate the other activities;
but that concentration has been fundamentally right. For unless
the peace is preserved, all other work is halted short of its goal*
as the example of the war on China shows. Unless the League
Members can take effective action against any State which breaks
its word. Treaties and Conventions have little force. The
Assembly and, usually, the Council, meet in public; the Prime
Ministers or Foreign Secretaries of the Powers attend; the U.S.A.
has changed its attitude from contempt to friendly interest. All
this means that a blaze of publicity lights up any breach of faith
or social abuse; and for fifteen years this served to raise the
standard of international conduct. But should any State be
prepared to defy world opinion, how was it to be answered?
The League is not a World State with a force of its own. It is
an organisation set up by Sovereign States, by means of Treaties.
These Treaties are exceptionally solemn and comprehensive, but
the parties to them are still Sovereign. Can the organisation be
used to exercise the necessary common authority? Before
exa minin g this question it will be convenient to describe the
parallel institutions dealing with Labour and Justice; their work,
like that of the League, rests in the last resort on the maintenance
of the Rule of International Law.

THE INTERNATIONAL LABOUR ORGANISATION.

The Peace Treaties recognised the connection between peace
and social justice. A land where discontent prevails may be tom
by civil war in which foreign nations may, for their own purposes,
take part. If oppression of labour is wide-spread, nations will be
eager to snatch colonies in order to profit from overworking the
natives. The I.L.O. was accordingly set up; it is a separate body
from the League and its membership includes the U.S.A. and
Brazil as well as the League States. Comparable to the League
Assembly and Council respectively are the General Conference

THE WORLD

393

nd Governing Body of the I.L.O. Each State is represented in
he Conference by four delegates, two for the Government, one
3r employers and one for employed. The Governing Body,
lected every three years, has 32 members; eight represent the
hates of chief industrial importance—Britain, France, U.S.A.,
J.S.S.R., Canada, India, and, so far, Japan and Italy. Eight
lore are elected by the Government delegates to the Conference;
Me the groups of workers’ and employers’ delegates each elect
ight. Provision is made for representation of non-European
tates in each section of the Governing Body. The International
.abour Office is the permanent staff of the Organisation.

The Governing Body decides what matters shall come before
te annual meeting of the Conference. When, for example,
Auction of hours of labour is to be discussed, the Office will
repare a report showing the hours now prevailing. If Conference
scides that it would be useful to draw up a Convention, the
ffice will collect opinions from Governments and lay these
-fore the meeting. Conference can, by a two-thirds majority
)te, “adopt” a Convention. This does not mean that Govem-
ents are obliged to put the proposals into force; but they must
ring them to the attention of the Parliament, or whatever the
vereign body in their States may be. If the sovereign body
Tees, the Government will ratify the Convention and is then
rand by it. If, after ratification, a Government does not observe
e Convention, the Governing Body, in consultation with the
rcretary-General of the League, may appoint a Commission of
cjuiry. In the last resort the trade of a defaulting State could be
ycotted, but, since no State need ratify unless it wishes, this
:apon is not likely to be used.

So the I.L.O. involves no sacrifice of Sovereignty; none the
;s, many Conventions have been ratified. Conference discussions
: always vigorous and well-informed. The employers’ and
irkers groups are frequently, but not always, at variance;
rang Government representatives there is much difference of
inion. Governments wishing to maintain high standards are

394 THE BRITISH APPROACH TO POLITICS

anxious that their industries should not be injured by the com¬
petition of ill-paid and overworked labour in other countries.
The Organisation has worked as a lever by which the labour
standards in backward countries have been brought nearer to
those prevailing elsewhere. Since the War, western countries
have witnessed a notable decrease in hours of labour, and many
detailed improvements in conditions of work for women and
young people, and in the regulation of dangerous kinds of work.
This progress could not have been registered if advances had not
also been secured, through the I.L.O., among the poorer workers
of Asia. Nor is success measured solely by the number of ratifi¬
cations obtained. No Great Power has yet fully ratified the famous
Washington Convention for a forty-eight hour week in industry;
but the existence of the Convention has stimulated movements for
shorter hours, and many workers in western countries do in fact
work 48 hours or less per week.

The 1932 slump concentrated the Organisation’s' attention on
unemployment; facts were collected and recommendations made
which will be of much use as soon as the Governments of the
world are willing to abandon their present policy of restricting
international trade. At the same time, the project of a 40 Hour
Week was discussed, and in 1935 a General Convention to that
effect was adopted. There have as yet been few ratifications, but
the Convention is influencing opinion and policy.

■ The topics discussed by the Conference are, of course, highly
controversial, but for that very reason the Organisation has
commanded world-wide interest and respect. Several. Govern¬
ments feel that Conference is sometimes.too eager to improve
conditions, without regard to what is practicable; but they do
not refuse their co-operation on that account.

THE PERMANENT COURT OF INTERNATIONAL JUSTICE.

Before the War there was an arrangement by which nations
could submit disputes to a Court of Arbitration at The Hague.

[Each State which had taken part in establishing the Court made

is not desirable that the two countries should be united is another
matter. International Law itself is hard to define., since there i<

ona

ofc

the

396 THE BRITISH APPROACH TO POLITICS

THE PRESERVATION OF PEACE.

The vital question now reasserts itself. Can the League method
be used to stop war? At present Spain, China and Abyssinia feel
the effects of war, and the whole world is increasing its armaments
in fear of a general outbreak. It must be said that the League has
failed in its chief task; yet in this phrase lurks a misunderstanding
of the issue. At home, citizens who never trouble to vote will
say “The Government ought to do something about it” when
they suffer inconvenience; likewise people will say “The League
has failed” as though it were a Power independent of
Governments, and as though its existence absolved citizens and
Governments alike from the need to think about international
affairs. To speak accurately, “the League” means either the
Governments of the States Members, or the mechanism, i.e., the
rules of procedure laid down by the Covenant. “The League has
failed” means either that the mechanism is unsuitable, or that
the policies of Governments have been at fault.

The mechanism for preventing war may be discerned in
Articles 10 to 17 of the Covenant. Articles 10 to 15 commit the
States Members, step by step, to a position in which they are
required to submit disputes among each other either to settlement
by the Permanent Court, or by agreed arbitrators, or to the
decision of the Council. The Council can be summoned by the
Secretary-General, at the request of any League Member,
should the threat of war appear. It will first endeavour to
conciliate the parties to the dispute; should this fail, it will
pvaminp and report. If its decision is not unanimous, the League
States are free to act as they see fit; if it is unanimous they are
bound not to wage war on any State accepting the Council’s
award. The dispute may be referred to the Assembly, at the
request of either party; a majority vote there, provided the
majority includes all Council members, has the same effect as a
unanimous ’ Council decision. In reckoning unanimity and
majority, the votes of parties to the dispute are, of course, not
operative.

THE' WORLD

397

The effect of these Articles is to make all war a defiance of the
Covenant, unless, the nation waging it has adopted one of the
methods of peaceful settlement, obtained a judgment or award
or unanimous Council decision in its favour, and waited three
months after the award has been given. A nation waging war
within these conditions may be helped, and must not be hindered,
by League Members. What is to happen if any Nation wages
war in circumstances other than'these ? “It shall be deemed”, says
Article 16, “to have committed an act of war against all other
Members of the League”. They are to ‘cut off all trade and
intercourse with it—i.e., to impose “economic sanctions”, in
which the Members are to support one another. The Council
is to advise how best the Members can use their Armed Forces
to impose “ military sanctions”, and Members are to allow the
necessary passage of troops through their territory for this
purpose. Article 17 invites States outside the League to use
League procedure if they wish; if they refuse, and attack Members,
the sanctions of Article 16 are to be used against them.

COLLECTIVE SECURITY.

The mechanism clearly provides every opportunity for peace¬
able settlement, whether through the League itself or any other
agency accepted by the parties concerned. It establishes the
principle that whatever the merits of a dispute may be, it is
wrong for either party to refuse outside judgment and endeavour
to get what it conceives to be its rights by force. On this principle
all law and order, whether between States or individuals, must be
based. A man may be'subjected to annoyance and outrage by his
neighbour; but he must not avenge himself by force because, if
that were permitted, anarchy would result as each man took the
law into his own hands. But the State can only expect individuals
:o obey this rule, if it provides “coUective security”—i.e.,'if it
las the will and the power necessary to restrain lawbreakers. The
League has no international Armed Force, and this may appear
i weakness in its mechanism. While the practical difficulties of

398 THE BRITISH APPROACH TO POLITICS

locating and maintaining an international army or navy are

considerable, there are two weapons which could more easily be
internationalised. The first is milkary aircraft which could police
wide areas from a few centres, and the second finance. It would
be possible for League Powers, at a moderate expense to each,
to set aside a considerable total sum which would be made
immediately available to the victim of aggression. More than one
project for applying these methods has been discussed; they
have been set aside, not primarily because of technical difficulties,
but because Sovereign States were not prepared to relinquish
the final power to enforce their own will. For as long as there had
been nations, their prestige had been associated in men’s minds,
with their power to strike; and old ideas are not quickly changed,
however pressing the world’s need for order. The same cause
explains another weakness—the need for a unanimous Council
vote before action could be taken. Men had learnt to accept
majority decisions, if the majority consisted of fellow-country¬
men; they would not yet extend the idea to the community of
mankind.

Experience showed, however, that the mechanism could
work; the Council could consider cases on their merits and
reach a unanimous decision; it could even, in some instances,
rely on the States to impose sanctions on the aggressor. More
than thirty disputes have been settled without war under one
or other of the forms of procedure suggested by the Covenant.
On some occasions, as that of the assassination of the King of
Yugo-Slavia in 1934, the unrest was so serious that in the absence
of League procedure, war might well have broken out. The most
striking success was in 1925, when Greek troops invaded Bulgaria.
The Bulgarian Government ordered its forces not to resist and
appealed to the League. The Council was immediately summoned
and in a very short time the withdrawal of the troops was ordered.
The Greek Government’s representative, looking at the Press
reporters waiting to spread his answer over the world, and at
the box on the table, containing the plans for wrecking his

THE WORLD

399

country’s trade if she persisted in aggression, accepted the order.
With the threat of war removed, a Commission of Enquiry
reported on the merits of the dispute and its report was accepted.
The mechanism of Collective Security had worked,

DIFFICULTIES OF SANCTIONS.

But Greece was a tiny and vulnerable country. If a Great
Power were the aggressor, the mere threat of sanctions might
not be sufficient. Already, in 1923, when Greece herself had
suffered attack from Italy, the dispute had been somewhat
unsatisfactorily settled by the Conference of Ambassadors-rather
than by the League, with the threat of further attacks scarcely
hidden in the background. If the League method were to work,
the States must be prepared, in die last extremity, to wage war
on the aggressor. It is true that economic sanctions can have
enormous, and perhaps decisive effect, even on a Great Power;
neither Japan nor Italy, to quote, only two of many possible
examples, could long survive a complete breaking-off of trade.
Such measures may or may not inflict more suffering than
military action on the population of the aggressor State; this will
depend on the circumstances of each Power. But the principle,
and the difficulty, is the same. As Italy showed in the war against
Abyssinia, an aggressor can always make economic sanctions
ineffective by stating that if it is prevented from getting certain
supplies by trade it will take them by force, or revenge itself
by acts of war. Then the League States must either nerve, them¬
selves to military action, or be content to impose only such
sanctions as the aggressor permits.

Sanctions may therefore be criticised as an attempt to cure
war by means of war. But this objection can only be logically
made by those who condemn the use of force even to support
law. A State which keeps trained forces to protect its own territory
and maintain internal order, and the citizens who assent to this,
cannot say that they have made a moral objection to force when
asked to use it to uphold international law.

400 THE BRITISH APPROACH TO POLITICS

Nor is it correct to assume that a decision to impose military
sanctions, if necessary, means taking on an added risk of war.
If it is known that sanctions certainly will be imposed, the
aggressor cannot reasonably hope for success, and if he has any
wisdom will abandon his aggression. He may, of course, be
desperate and take the risk; and the League States, and - the
citizens of them, must face the fact that there is a chance of
conflict. But the greater the preparedness to impose sanctions,
the less the likelihood that they will need to be used. On the
other hand, if the aggressor is not checked, others will in time
follow, his example, and then the risk of war for all States will be
increased. If, when Japan invaded Manchuria in I 93 1 * ^
League Powers had required her to evacuate it or face economic
and, if necessary, military sanctions, it is, to say the least, unlikely
that she would have persisted. Ifhe failure to check that aggression
has been followed by other major aggressions; was the risk
involved in using sanctions then greater than the risk of war
which now threatens the world?

THE DECLINE OF COLLECTIVE SECURITY.

The success of Japan’s aggression was a turning-point in the
history of the post-War years. In 1935 began the Italo-Abyssinian
War; in 1936, the intervention by foreign powers in the Spanish
Civil War; in 1937 the renewed Japanese attack on China. This
inability to prevent war cannot be ascribed to the defects of the
' League method. The real cause was the unwillingness of Govern¬
ments to use that method against a Great Power. They refused
to accept the proposition that State Sovereignty must be limited
by the duties of Collective Security—the duty of refraining from
aggression oneself, and the duty of helping to check the aggressor.
Moreover, the defects that there were in the League method were
the result of insistence by States Members on their Sovereignty.
In refusing to limit Sovereignty, Governments were supported
by great numbers of their subjects. Why, they felt, should they
be committed to protect from aggression remote nations in which

40 i

the World

hey had little interest? It could be demonstrated in argument
hat Collective Security reduced the danger of war; that m
leiping the victims of aggression, whoever they -might be, e
dtizen was in fact protecting the Rule of Law on which his own
life and safety depended; but reason could not prevail against an
inability to think of mankind as a whole. There the matter stands.
Individuals may continue to think exclusively of Sovereign
States, and to reject Collective Security if they please; but the
price is the continuance of war.

The proportions in which responsibility for the failure is
shared among the States, is a much disputed question between
parties in this country, and elsewhere. Meanwhile, the member¬
ship of the League was reduced, and the difficulties of Collective
Security became greater. In the past there had not been much
substance in the argument that the League could not act because
it did not include all States. It had been shown in 1931 and on
other occasions, that if the League Powers chose to act against
an aggressor they would enjoy at least the benevolent neutrality
of the chief non-Member, the U.S.A. The American people
would not join in a non-American quarrel if they could help it;
equally certainly they would not wish to offend the League
Powers for the sake of trading with an aggressor. In any fcvent,
the way to obtain American sympathy was to make the League
work; for American avoidance of European affairs was based
mainl y on a belief that Europeans could not organise peace.
Now that Italy, Germany and Japan stand outside the League
the situation is much graver. The Pact which unites them, on
the one hand, and the League on the other, look ominously like
rival alliances.

THE FUTURE.

This reference to recent events shows how pitiably the
attempts to get rid of war have ended. But since the abolition
of war is now indispensable to civilisation, the attempts must
be renewed. If, by wise policy or good fortune, the immediate

402 THE BRITISH APPROACH TO POLITICS

perils are dispersed what more fundamental measures can be
taken in the future?

Wars sometimes occur because Governments deliberately plan
them. More frequently the reason is that nations wish to change
frontiers or Treaties, and see no way to do so save by war.
“War”, it is said, “settles nothing”; but it does at least produce
a new situation, and those who chafe at their present circum¬
stances may think it worth the risk. The Treaty of Versailles
produced the League, but it also imposed outrageous injustices
on Germany. Disarmament was declared an admirable thing;
but only Germany was to practise it. Colonial possessions were
to be a sacred trust, not a source of profit; but only the victors
were to have them. A future generation of Germans was to be
burdened with Reparation payments in which there was npirVr
sens$ nor justice. Internationalised navigation of rivers and
demilitarisation of frontiers were justifiable limitations on
Sovereignty; but only Germany was to endure them. To-day
the League Powers face an armed and angry Germany.

To say this is not to express approval of the present German
Government. Men do not become wiser or nobler by suffering
injustice; nor does it improve the situation to allow tbpm to
inflict injustice on others. The remedy is to substitute justice for
injustice, and to provide a peaceable method of changing Treaties
which have proved unjust or unworkable. Article 19 of the
League Covenant empowers the Assembly to handle this problem,
but so far it has been a dead letter. Any attempt to revive the
League must include plans for- the use of this Article.

There are, then, two objectives which must be pursued at the
same time. One is Collective Security, the maintenance of the
Rule of Law. Whatever justifications are found for the aggressions
of the Powers outside the League, it remains true that if the
method of aggression is permitted, no one is safe. The distribution
of wealth in many countries provides strong reasons for discontent;
but Governments do not therefore abandon the task of maintain-
ing order in the hope that a better distribution will result if

THE WORLD 4°3

:veryone is able to take what he thinks fit. On the other hand,
leither individuals nor States will respect the Rule of Law if
aws and Treaties cannot be peaceably changed when necessity
ind justice require. The other objective therefore is peaceful
:hange—the study of what measures will make the government of
he world more just, and relieve the economic distress from which
nan y nations, within and without the League, are suffering.
Such measures may include re-drawing of frontiers, reduction
if trade barriers, control of armaments and much more beside.
They must be studied, not with a view to “buying off” dis¬
satisfied Powers—but with this principle in mind:—Granted the
;qual right of all human beings to such happiness as the world .
:an offer, what can be done to establish that right and to increase
he'total of that happiness?

DISARMAMENT AND LIBERTY.

The problem of Disarmament is subordinate to those already
discussed. It has many technical difficulties—the comparison of
the value of different weapons, the transfer of workers from
armament making to peaceful industry. But it is not these which
wrecked the Disarmament Comference of 1932; it was the absence
if faith in Collective Security. So long as States are free to wage
war, or fear that others will wage it on them, they will require arms
md endeavour to make them as formidable as possible. Once
Security is established, nations will, for the first time, be resolved
to disarm, and the technical problems will shrink to their proper
size. They are no greater than those which a modem State
handles every day in its ordinary administration. While armament
ixpenditure was moderate, consolation could be drawn from the
fallacy that it “made work”. The truth is now apparent that it
takes'money from every citizen’s pocket and prevents him from
jiving employment in other and more sensible directions. The
:ost of pensioning armament workers for life, if necessary, would
be large, but definite and subject to progressive decrease. The
cost of the present armament race is illimitable.

404 THE BRITISH APPROACH TO POLITICS

Nor is the cost to be reckoned only in cash. A State resolved
to be armed against all comers must extend its control over all
departments of national life. The need for arms must prevail
over the' right to criticise the Government and the right to
demand better conditions of labour. Wealthy states will be able
to postpone this sacrifice of liberty; but in the end it will prove
that liberty is to be enjoyed only in a world organised for peace.

BOOKS:

*bowman. The New World .

LEAGUE SECRETARIAT INFORMATION DEPARTMENT. Essential Facts
about the League of Nations.

League of Nations Hand Map of the World.

GIBBERD. I.L.O. - * ■

*G.D.H. A3Sft) M. I. cole. Guide to Modem Politics.
hampden jackson. The World Since the War .

Francis williams. Plan for Peace.

CHAPTER XX?

CONCLUSION

In the survey of World, Government there have reappeared
the same fundamental problems which were described at the
outset of this inquiry into politics. There is the conflict between
the need for order and the desire of nations, as of individuals,
for the liberty to do as they please. If order is to be established
without tyranny, there is need for the active goodwill of all those
who wish to live together in the community. There is the task
of making force subject to law, and of securing that law expresses
justice. There are the economic, .historical and racial facts, in the
light of which the political forms must be interpreted.

The State exists through the individual’s surrender of a
nominal liberty to do as he pleases; but the individual’ discovers
that by cooperation with his fellows he can secure a great
extension of his real liberty. So the State can be organised to
provide the individual with opportunities for useful and interesting
activity. Thus encouraged, human energies rush out for the
increase of wealth and knowledge. Within a particular State,
such as Britain, some progress of this nature has been achieved;
but in the world as, a whole mankind is still engaged in the old
struggle against disorder, injustice and the waste of human
faculties. There is the same need to exchange the liberty to make
war for the liberty to live well and in peace; and the penalty for
failure is made more terrible by man’s own inventions.

The picture is terrible enough, illuminated as it is by the
flames of burning cities and villages in three continents. But it need
not terrify mankind into inaction. The fashioning of Govern¬
ment demonstrates not only the follies, but the strength, wisdom

405

406 THE BRITISH APPROACH TO POLITICS

and generosity of which man is capable. The “laws of nature”
direct the events of the physical world, but they do not ordain
that the causes which man thinks right must necessarily triumph.
They are 'as likely to produce famine and flood as to produce
fertility and plenty;' if it were appropriate to apply human
standards to "them, they would be judged arbitrary and cruel.
All the happiness there is, and all the success that justice has had,
is the laborious work of man, conquering his own ignorance and
selfishness. For if he does not find virtue in the order of nature,
neither does he find it unmixed in himself. Government begins
in the desire for domination rather than for justice; but as man
learns to think, he can transform the State from a tyranny over
his fellows into an administration of the world's resources.

Two facts about this building of civilisation are apparent.
First, that it must be a ceaseless task. The idea that civilisation,
and justice and kindness with it, can vanish, is not easily grasped
by those who have spent their lives in a peaceful and democratic
State. Yet past and present events alike show that this can
happen. Civilisation is man’s work; it survives only through his
continued efforts to adapt the forms of Government to new
discoveries and new ways of life.

Secondly, it is a task in which all men should share. In the
framing of appropriate forms of Government, the British have
had notable success, and have made a distinguished contribution
to the political advancement of mankind. This success has
occurred because, for a multitude of historical reasons, British
• Government has cdme to rely increasingly on the consent and
active co-operation of the common people. When the whole,
machinery of that Government is surveyed, it is clear that the
laws and the administrative provisions would be lifeless if large
’ numbers of ordinary people failed to give, not merely obedience
but thought, interest and help. Some men have exceptional power
tq influence their fellows; they can appeal to the good or evil in
human nature and achieve results which are accordingly good
or evil. But the ordinary person, by accepting or rejecting new

CONCLUSION 4°7

ideas, or by mere indifference to them, sets limits-to the power
of leaders. Great advances are made when the masses of mankind
desire them and will make effort and sacrifice to obtain them.

The strength of the democratic method of Government is that
it gives the clearest expression to these desires. What the common
people expect of Government is simple enough; to get a fair return
for the work they do, to live at peace, to see a prospect of still
better times for their children. To achieve these ends the work
of great men is sometimes necessary; but unless the great are
subject to the criticism and control of the people, they are liable
to forget the purpose of Government and to succumb to the
temptation of desiring power for its own sake. It is the object of
democracy to prevent this abuse. But while it is, therefore, the
method of Government which is richest in the possibility of
advancement, it is also the most difficult to practise. It is not
content with the order that a tyrant can impose by the strangula¬
tion ofthought: it requires men to think and to demand progress;
to express their disagreements and yet live at peace; to be eager
for their own beliefs, yet tolerant of those of others.

Therefore in democratic States, such as Britain, there is a
contribution for each individual to make. Everyone cannot be
expert in administration, or abundantly supplied with knowledge;
but everyone can recognise that public affairs are his affairs, and
can apply to them at least as much care as he applies to his private
concerns. He may begin to do this because it seems to be to his
immediate interest; but after he has experienced co-operative
public work, he will find that the rendering of service to bis
fellows, is part of his own happiness. There are exceptional
people who sacrifice themselves entirely to others; but there are
not enough of these to form the basis of society. The majority
of mankind will seek their own happiness, but there is in them
a social instinct which will not permit them to find happiness
in solitude..It is this widespread desire to seek happiness together
which should be the basis of society, and to which the forms of
politics should give expression.

408 THE BRITISH APPROACH TO POLITICS

The practice of politics* therefore* is not only necessary to
preserve the conditions of civilised life; it also satisfies a deep

personal need. But since it cannot be practised except in company
with others* each individual must nourish in himself the power
to imagine the feelings and wishes of his fellows. As he expeas
to express his own opinions* so he must be willing to study the
opinions of others. As he hates to be deceived* so he must refrain
from deceiving others* or resting content with half-truths when
further study would increase his knowledge. In a democracy* the
work of central and local Government, of voluntary organisations
and political parties* provides innumerable opportunities for
activity in which men can both realise themselves and be of
service to others. The sphere in which each person can aa is
limited; but each activity develops the virtues which are the
Material of civilisation.

That men and women should pursue accurate knowledge and
use it to guide their actions; that they should treat one another
with justice and kindness and tolerance; that they should give
their respect* not to those who have most power* but to those

who use it most wisely; that* above all* they should acknowledge
the tie of common humanity—these are simple conclusions to
emerge from the complex study of State and World Government.
But they are not mere phrases; where freedom exists* they are
capable of ceaseless and wide practical application. They are the
truths which millions have* to their own undoing* deserted.
The determination of the free peoples of the world to reaffirm
them* and act upon them* is the source from which shall spring
deliverance from present evils* and the future advancement of
mankind.

BOOKS:

MITCHISON. The Moral Basis of Politics.

zimmern. The Greek Commonwealth.

CROSSMAN. Plato To-day.

TOPICS FOR DISCUSSION AND
SUGGESTIONS FOR FURTHER STUDY

CHAPTER I

1. Aristotle held that the purpose of the State was to secure
the good life; Marx held that it was to preserve the privileges
of the governing class. Compare these two views.

2. Should the citizen always obey his Government?

3. What economic and historical facts influence the Govern¬
ment of Britain?

4. What problems, other than those given in this chapter,
illustrate the need for change?

CHAPTER II

1. Consider the constitution of any foreign State, or of any
voluntary society, and enquire Where Sovereignty lies.

2. What advantages has despotic Government as compared
with the Rule of Law?

3. Would you consider the following acts unconstitutional?
(a) A General Strike, or a closing-down of factories by employers,
in order to make the Government change its policy, (b) A refusal
by pacifists to pay taxes for military purposes, (c) The passing
of a law depriving people with less than £500 a year, of the right
to vote.

4. Collect from newspapers, etc., further examples of
Sovereignty of Parliament and the Rule of Law.

CHAPTER III

1. Consider the arguments for and against Monarchy.

2. What does the phrase “loyal to the King” mean?

3. Collect instances from history of the influence on policy

of the personal wishes of the KMg or Queen.

409

4 10 THE BRITISH APPROACH TO POLITICS

CHAPTER IV

1. In what circumstances might an all-party Cabinet work
successfully?

2. Note, from reports of present-day events, the growth of
new Ministerial posts.

3. Compare the powers of the Prime Minister with those of a
dictator.

CHAPTER V

1. What type of examination would be most suitable for those
wishing to enter the Administrative and Executive grades of the
Civil Service?

2 - , In view of the influence of the Civil Service, can Britain be

described as a democracy?

CHAPTER VI

1. What attitude should the Government take towards public
amusements?

2. Discuss the qualities whicn members of a Police Force
should possess.

3. “ Why is a Foreign Office a great office? Not because it
deals with foreigners, but because of the tone in which it talks
to them.” Explain.

4. Examine the development of the military activities of the
State in recent years.

CHAPTER VII

1. How should the B.B.C. be controlled?

2. Collect instances of increase of Government economic
activity.

3. Do you consider the creation of Agricultural Marketing

Boards desirable ? &

CHAPTER VIII

1. What principles should guide expenditure for the main¬
tenance of the unemployed?

a. In what ways might the British system of social insurance
be improved?

3. Consider arguments for and against the increase of the
social services.

TOPICS FOR DISCUSSION 411

CHAPTER IX

i* Discuss the arguments for and against a Second Chamber

2, “ At no time in its history has Parliament been really
^representative*” Discuss.

3. From, Press reports, compare the quality of debates in the
two Houses of Parliament.

CHAPTER X

1. Would it be true to say that a Private Member is only a
cog in a machine?

2. At what points can Parliament assert its authority against
that of the Government?

3. Can it be said that Parliament is incapable of meeting the
needs of twentieth century Britain?

CHAPTER XI

1. Can Parliament be said to control expenditure?

2. On what objects do you think the Government should
spend (a) more, (b) less?

3. Discuss .the fairness, or unfairness of British taxation,

CHAPTER XII

1. Discuss further the criticisms of the British electoral
system advanced in this chapter.

2. Is it correct to regard the people as the real Sovereign in

Britain? 0

3. Try, by personal inquiry, to find out the reasons why
people vote as they do.

CHAPTER XIII

1. From present-day events, collect and discuss evidence
bearing on the Capitalist-Socialist issue.

, t** Study party literature at election times, and see how far
it helps the elector to form a reasonable judgment.

3. What examples are there of important non-party questions?

4 ; In what circumstances might a Coalition Government be
desirable?

CO

412 THE BRITISH APPROACH TO POLITICS

CHAPTER XIV

1. Does the democratic element in British Government operate
against efficiency?

2. What type of man achieves power ii| a dictatorship and in
a democracy, respectively?

3. Is it true that freedom to criticise and disagree leads to

chaos?

■ 4. Compare the attitudes of democracy, communism and
fascism towards international affairs,

CHAPTER XV

1. Discuss possible improvements in the method of appointing

J.P.S.

2. Is an amateur magistracy desirable?

3. * Study Press reports of judgments given in the High' Court,
and of summings-up in criminal trials.

CHAPTER XVI

1. Discuss, with the help of a lawyer, the ways in which
justice could be made cheaper.

2. Debate Capital Punishment and the treatment of prisoners.

3. Should there be any limits on what may be said or published?

4. Draft regulations for securing order at public meetings
without injuring liberty.

CHAPTER XVII

1. Discover the nature, powers and boundaries of the local
Government authorities in your own area. What alterations might
be desirable?

. 2. What matters ought the inhabitants of (a) a large town,
and (b) a village to be allowed to decide for themselves, inde¬
pendently of any greater authority?

CHAPTER XVIII

1. What is the purpose of education?

2. Discuss the project of secondary education for all. ■

3. Discuss, with the help of a local Government officer, the
possibilities of town- or couiftry-planning in your area,

A* Consider the policy of differential rents.

TOPICS FOR DISCUSSION 413

CHAPTER XIX

1. Discuss municipal trading; collect facts about your own
local authority’s activities in this field.

2. What qualities should be looked for in candidates for posts
in the local Government service?

3. Discover further illustrations of co-operation and conflict
between central and local authorities.

CHAPTER XX

1. Should the method of Government of the City of London
be made more like that of the rest of the country?

2. Discuss the distribution of powers and duties between the
L.C.C. and the Metropolitan Boroughs; what changes might be
desirable?

3. Debate the policies of the two parties in London Govern¬
ment.

CHAPTER XXII

1. Obtain, if possible from first-hand sources, information
about the life of people in India and the Colonies.

2. What grievances have those Powers which lack large
Empires?

3* What is the effect of the existence of the British Empire on
world politics?

4. “A democracy cannot govern an Empire.” Discuss, in
relation to the British Empire.

CHAPTER XXIII

1. For what reasons might it be desirable to draft a Common¬
wealth Constitution? Attempt to frame some of the clauses.

2. In what respects is the Sovereignty of both Britain and
the Dominions limited by their association in the Common¬
wealth?

3- Discuss Federalism and the Referendum.

CHAPTER XXIV

s. Study the map of post-War Europe, with reference to
minorities, and other League activities.

THE BRITISH APPROACH TO POLITICS

414

2. Is irtnie to say that Collective Security means lighting for
foreigners?

3. Examine the possibilities and difficulties of imposing
sanctions.

4. Try to frame proposals to improve the present international
situation.

INDEX

indication, Act of, 1936, 20, 36, 361
bsent Voters, 177
.byssinia, 62, 389, 399-400
\d hoc Authorities, 279, 285, 297,
318* ,334

ddison, Dr. C., 109, 295
djournment, House of Commons,
145

dministrative Grade, Civil Service,
74

.dministrative Law, 23-26, 81
dmiralty Board of, 98, 261

„ . , First Lord of, 56, 58,

70,98

dmiralty Division, 240-241
doptive Acts, 318
frica, 75, '340, 352, 354“355,

367-369, 376, 378, 389

frikaans, 368

griculture. Ministry of, 55, 57,
107-110, 118, 304
ir Force, 99, 398

,, Raid Precautions, 92, 316, 319
„ , Secretary for, 56, 99
ldermen, 272, 276, 323, 325
lfred, King, 5
Isace-Lorraine, 386
mbassadors, 65, 95-96, 149, 375
nalyst, Public, 282
narchism, 8
ngio-Indians, 347
nne, Queen, 40
nti-Communist Pact, 379, 401
ppeal. Court of, 238, 239, 245-247,
252

ppropriation Act, 161, 163
pproved Societies, 103, 122
tabs, 355-356, 382, 389
rchbishops, 46, 65, 110, 129, 134
ristocracy, 15
ristotle, 15-16

rmed Forces, 6-7, 24, 39, 55, 85,
905 93> 98-101, 162,168,177, 20i,
216, 264, 274, 382, 397

Army, 50, 98-99

,, and Air Force Act, 26, 259
Arthur, Prince, 35
Aryans, 342

Asiatics, 352, 362, 366, 376, 378, 394
Assembly, League of Nations, 383-
384, 391-392, 395s 396
Assessment, 301
Assizes, 237, 241
Attaches, 95
Attainder, 246
Attendance Officers, 286
Attlee, C. R., 36

Attorney-General, 62, 243, 246, 258
Auditors, 120, 306-307
Auditor-General, 170
Australia, 48, 340, 356, 359, 360,
363-366, 374

Austria, 7, 15, 382, 384, 387, 395
Auxiliary Organisations, 383, 390

Avenol, M., 390

Bagehot, W., 32, 49-50, 180
Bahrein Islands, 71
Balance of Power, 381-382
Baldwin, S. (later Lord), 36-37, 41,
57s 61

Balkans, 15-16
Baltic, 384, 385
Baluchistan, 350

Bank of England, 88, 171, 173-174

Baths, public, 282, 306, 333

Beckenham, 276

Belgium, 218

Bermondsey, 334

Bethnal Green, 176

Birkenhead, Lord, 62, 252

Birmingham, 278, 304

Bishops, 46, 129, 134

Black Rod, 143

Black Sea, 384

Blind, 330

Boers, 367-368

415

INDEX

416,

Bolsheviks, 226

Borough, 66, 268, 273, 275-277

„ , County, 122, 277, 282,

285, 297

Borough, Metropolitan, 175, 225,
325-334

Borough, Municipal, 277

„ , Parliamentary, 175-176,

191, 278

Borough Council, 176, 239, 264,
275-279, 281, 282, 286, 291, 300,
307

Borstal, 256
Bournemouth, 294
Bradlaugh, Charles, 143
Brahmins, 342
Brazil, 382, 392
Bridgeman, W. (later Lord), 24
,, Committee, 103
Britain, 10, 13-15, 86, 108, 169,
214-216, 219, 220, 261, 297, 317,
340, 356, 380-381, 383, 384, 391,
393 , 395

British Broadcasting Corporation,
67, 104-105, 258

British Commonwealth, 14, 48, 341,

357 , 359 , 377 , 3$o, 395
British Constitution, 18-34, 140,
196, 229-230, 260, 351, 376
British Empire, 13-14, 48, 201, 203,
339 - 358 3 379 , 380

British North America Act 1867,
27, 361-362
Brougham, Lord 44
Buddhists, 342

Budget, 20, 105, 118, 163-169
„ , League of Nations, 390-391

Bulgaria, 385, 398
Bureaucracy, 77-84
Burke, Edmund, 200, 205
Burma, 350, 352
Burnham Committee, 127
“ Business Government,” 208, 210
By-elections, 194-195
Byzantine Empire, 217

Cabinet, 32, 53-69, 165, 223, 315,
376

Cadogan Committee, 254, 255
Canada, 27,, 359-3633 374 , 393
■ Canberra, 364

Candidates, Parliamentary, 187-195
Canvassing, 188-189
Cape Colony, 367
Capital Levy, 172
Capital Punishment, 245, 253-254
Capitalism, 86, 115, 197-200, 201-
202, 206, 224, 304
Carnarvon Boroughs, 176
Celts, 15

Censure, Vote of, 26, 146
Ceylon, 352

Chamberlain, Joseph, 201

„ , Neville, 172, 295

Chancery Division, 239-241, 252
Change, need for, 11-12, 215, 402
Channel Islands, 94
Charles I, 30, 144, 149, 160, 324
„ 11,31,44,54,275

Charters, 275-278
Chartism, 202
Chequers, 65
Chiang Kai-shek, 388
Chief Constable, 274-275
Child Welfare, 283-284, 303
Children and Young Persons Acts,
255, 288

Chiltem Hundreds, 194
China, 8, 324, 388, 389, 392
Christians, 7, 342, 347
Church of England, 3, 46, 178, 241,
247, 270, 286

Church, mediaeval, 3, 241, 379
„ , Roman Catholic, 46, 178,

286, 369-370* 372
Churchill, Winston, 123
Civil List, 48, 88, 161
Civil Service, 39, 64, 66, 70-84, 87,
165, 216, 218, 312
Civil Service Clerical Association, 76
„ „ Commission'76

„ War, 17th century, 30, 160
Closure, 156-157, 211
Coal Mines Acts, m-112, 133
Coalition, 45, 182-183, 207
Cobbett, William, 331
Colonial Laws Validity Act 1865,
353 * 36 o

Colonies, 56, 352 - 355 * 360, 375 * 380,

402

Comet 3 the, 89
Commissions, Army, 43
Common Law, 231-236, 251

INDEX

4*7

Commons, House of, 19-20, I3°5

139-141, 201, 204, 246, 365 (see
also Speaker)

Commons, House of. Clerks of,
149-150

Commons, House of, election of,
174-195

Commons, House of, finance control,

1*61-174

Commons, House of, procedure,

142-159

Commons, House of. Standing
Committees, 152, 196
Commons, House of. Standing
Orders, 147

Communism, 93, 214, 226-230
Communist Party, 204-205
Companies Acts^ no
Comptroller-General, 88, 170
Conscription, 100

Conservative Government, 45, I 44 >
183

Conservative Party, 37, 42> 5 ®* 62,
135, 176, 180-183, 185, 200-202,
204,206-207,210-211, 368
Consolidated Fund, 88, 161, 163?
167, 170, 209

Constituencies, 174, 214-215
Constitution, 18 (see also British
Constitution)

Constitutional Club, 29
Consular Service, 95 ^

Conventions, international, 383-384,

389

Conz6, Dr. E., 15

Co-operative Movement, 202—2045

215

Cornwall, 175, 182
Coronation, 20, 46, 68
Coroner, 239, 243

Corporal Punishment, 133, 254-255
Corporate State, 185, 224
Corrupt Practices, 191
Corruption, 195, 218-219, 313-314

Costa Rica, 382

Council, League of Nations, 383,
386, 39 !~ 392 > 395“398 • \

Cdundliors, Local Government,
307-314

County, 122, 124, 268-270

„ Agricultural Committees,

107,273

County Borough, 122,277,282, 285,
297

County Council, 177, 239, 272-275,
277, 278, 282, 286, 297-2995
300-309

County Court, 237-239, 251
County Divisions, 175-176, 191 3
278

Courts, 231-247 (see also Judicature)
Court, of Aldermen, 323
„ , of Appeal, 238-239,245-247,
252

Court, Central Criminal, 241
„ , of Common Council, 323
„ , of Common Hall, 323
„ , Coroner’s, 239, 243
„ , County, 237-239, 251
„ , of Criminal Appeal, 246
„ , High, 236,237,239-245,250,
251, 317

Court, Juvenile, 235, 255-256, 288

„ -Martial, 24
„ , of Petty Sessions, 236
„ , of Quarter Sessions, 237
„ , of Referees, 119
„ , of Summary Jurisdiction,

235-2375 238, 242, 251, 255. 323

Covenant, League of Nations, 382,
396-3985 402
Coventry, 278

Criminal Investigation Department,

275

Criminal Law, 233-247
Crown, 7,44, 87,130,160,258,268,
275, 341, 372 (see also King and
Monarchy)

Crown Colonies, 352
,, Lands, 87—88, 166
Curzon, Lord, 37
Customs, 87, 124, 165, 167
Czechoslovakia, 222, 385

Daily Herald, 24

Danby, 44

Danes, 15

Dante, 218

Danube, 385

Danzig, 386-387

Daventry, 143

De Montfort, Simon, 130

De Valera, Eamonn, 370-371

INDEX

418

Debt, international, 1 to, 172
„ , municipal, 305, 326
„ , National, 104, 161, 164,
167-1685.171-174
Defence, 60, ioi, 167, 366, 374
Defence Order, 251
Delhi, 350

Democracy, 3, 15-16, 28-29, 93*
138, 140, 179-180, 193, 214-230,
259, 264-265, 319, 407, 408'
Dependencies, 353
Development Comiliissiori, 89, 105
Dicey, Professor, 310
Dictatorship, 3, 16 93, 138, 210,
217-230, 319
Diplomatic Service, 95
Disarmament, 99, 383, 402-404
Discipline, 5, 224
Disraeli, Benjamin, 200
Distressed Areas, 89, 95, 119, 3x9-
320

District, see Urban and Rural

Dominions, 48, 66, nx, 247, 341,
359 ^377* 380, 391, 395
Dominions, Secretary, 56, 360, 375
.Droit adrninistmtif) 23-24, 81
Drugs, 389

Drummond, Sir Eric, 390
Duchy of Lancaster, Chancellor of,
57, 234

Dunbar, William, 331
Dutch, 31, 367
Dyarchy, 344

Economic Activities, Government,

86 , 102-113

Economic Advisory Council, 67,

1x2-113

Economic factors in politics, 9-10,

174, 180, 216, 249-253, 362, 374,
375, 403

Economic and Financial Organisa¬
tion, League of Nations, 387
Eden, Anthony, 62
Education, 75, 84, 90,127,168-169,
198, 202, 272-274, 278, 285-291,
303, 311, 327-328 (see also
Schools)

Education Act 1870, 285

„ , Board of, 56, 66, 115,

125-128, 207, 290, 303

Edward I, 130

„ II, 1.30
„ VII, 46, 51
» VIII, 20, 47, 361

Egypt* 356-357

Eire, 369-372 (see also Ireland)
Election Address, ,186-187
„ , General, 1910, 132

1922, ,202

1923* * 44 >207

1924, 183, 207
1929, 181, 183
1931, 104, 181,
183, 204, 207
1935 ? 36 , 40, 61,
181, 183, 204,
207

„ Petitions, 191

„ Writs, 43, 137, 195
Electricity, 89, 107, 304,311, 333
■ > 5 Supply Act 1926, 25
Elizabeth, Queen, 54
Elliott, W., 109

Emergency Powers Act 1920,21,156
Empire, 13-14, 168, 339-358 (see
also British Empire)

Empire Settlement Act 1932, 365

Employment Exchange, 1x6

England, 14, 93, 131, 231, 235, 257
Equity, 232-234, 240-241, 25X
Estate Duties, 161, 165-166
Estimates, 161-169

„ Committee, 170

Exchange Equalisation Fund, 173
Exchequer, 88, 173

„ , Chancellor of, 20, 55,
58, 70-72, 87-89, 93, X05, 163-
166, 173

Excise, 87, 165-167
Executive Grade, Civil Service, 74
„ Power, 30-33, 66-68, 247,
376

Fabian Society, 203
Factory Acts, 80, 92, 1x6, 343
Fascism, 93, 185, 214, 220-229, 263
Federalism, 13, 27, 139, 345-350.

361, 363 ~ 3 &L 366, 37 6. 3&5
Felony, 242, 246

Feudalism, 33* 44* 49* 53 * 129, 237,
252, 275
Fianna Fail, 371

INDEX

4*9

ilm Censors* British Board of, 262

inance, 85,124-1253 300,307, 325-

3 2 7 ; 3 ®°s 398 '

inance Act, 20, 26, 161

inance Committee, 305, 306

Luanda! Resolution, 151, 157

ire Brigade, 330

irst Reading, 150

itzroy. Captain E. A., 143

ive Year Flans, 226

>.rce, use of, 5-8, 215, 399

>reign Office, 75, 95-98, no, 168,

375

>reign Policy, 55, 85, 97-98, 378-
404

xteign Secretary, 38,40, 56, 58, 71,

79, 93, 96

)x, Charles, 205

mice, 8, 10, 12, 23, 27, 55, 138,
181, 219, 261, 322, 381, 3*83, 384, '
386, 393

:ee Trade, 210, 340
ench Revolution, 23, 200, 205
iendly Societies, Registrar of, 24,
259

y, Elizabeth, 254, 257

ilharn, 333

motional Representation, 137,
184-185, 224

allacher, W., 204
andhi, 344
iynia, 386

sneva, 383, 391
rorge 1 , 55
„ III, 88, 324
» V, 45, 51, 325, 370
„ VI, 20, 35-36
srmany, 15, 16, 23, 80, 93, 184,
218, 219, 261, 340, 355, 363, 366,
369, 379-386, 395, 401, 402
ibraltar, 352
ilbert, W. S., 70

ladstone, W. E., 132,171,179, 205
eichschakungy 219
aid Standard, 173
sVemment, activities of, 85-86
„ , machinery of, 66-69,

396, 406

jvemment, and Parliament, 154,
160, 211

Government, purpose of, 1-3, 405-
408

Government Securities, 104, 171-
173

Government, and State, 7, 209
Government of India Act 1919, 344
Government of India Act 1935, 65,

345-352

Govemors-Generai, 48, 65, 345-

350, 360, 362, 364, 368
Grants-in-Aid, 121, 168, 303-304,
317, 326

Great Council, 35, 42, 129-130

Great Seal, 43-44, 253
Great Society, 378-380 .

Great War 1914-1918, 21, 83, 97,
210, 220-222, 226, 360, 382
Greece, 16, 86, 385, 398-399
Green Belt, 331
Greenwood, Arthur, 295
Gresford, 111

Guardians, Poor Law, 297, 318
“ Guillotine ”, 156-157
Gunpowder Plot, 14.9

Habeas Corpus, 258-259
Hackney Marsh, 329
Hadow Committee, 287
Hague Court, 394-395
Halifax, Lord, 58
Hammurabi, 5
Hampstead, 325, 334
Hanningtpn, W., 31
Hansard, 149
Hardie, Keir, 46
Harrow, 278
Hastings, Warren, 149
Health, 280-284, 303, 330
,, , Board of, 12, 120, 281

„ Insurance, 103, 120-124
„ , Ministry of, 56, 115, 120-

125, 168, 275, 281, 284, 285, 292-
299, 306-307, 313, 318
Health Organisation, League of
Nations, 388
Heckling, 188
Henderson, Arthur, 79
Henry III, 129
„ IV, 130
„ VII, 66
„ VIII, 46, 65

INDEX

420

High Commissioners* 375

?? Court* 237* 239-245* 250*
251* 317

Highway Code* 106
Hindus* 342* 344~345
Hitler* 14* 15* 23* 64* 145* 216* 217*
220* 22i* 223-224* 226, 227* 387

Hoare* Sir S.* 61* 254
Hobbes, 2

Holy Roman Empire* 379
Home.Office* 85, 89-94* 116, 168*
274* 2863 304

Home Office Industrial Museum, 92
** Secretary* 22* 43* 56* 58* 235*
237* 247* 253* 264
Honours* 45-46
Hospitals* 283* 330
Hours* reduction of, 202, 394
Housing, 121* 272* 278, 291-296*
305* 328-329

Housing Act 1936, 121* 291* 294
?? Acts, 1919-1935, 295 .

„ Advisory Committee, 121

Howard, John, 257
Hungarians, 385
Hyde* Dr. Douglas, 371

" Iceland, 382
Impeachment, 246
Imperial Conference, 360, 375
,* Defence, 101, 366, 374
*, Parliament* 353* 360

*, Preference* 201* 375-376

Incitement to Disaffection Act 1934*
93* 99* 261

Income Tax* 77* 88* r6i* 163, 165-
166, 169

Indemnity* Act of* 22-23* 265
Independent Labour Party* 205
Independents* in Parliament, 212
India, 247* 340 , 34 L 342 - 352 * 356 *
382*391, 3?3 „ *

India* Council of* 347
*, , Federation of, 345~350
** * Office* 347
,* , Provinces of, 349-350
** * Secretary for* 56* 347* 375
• Indian National Congress, 343-344*
T 35 i “3S2
Indictment, 242 *

Industrial Relations* 116

Industrial Revolution* 11* 74, n,

280* 322* 343

Infantile Mortality* 284* 306
Infectious Diseases* 280* 283 ,1 .

Inflation, 164
Inland Revenue, 87, 165
Inskip, Sir Thomas, 101
Insurance, see Health and Unt
• ployment

Intellectual Co-operation, Cc
mittee of, 388

International Labour Organisatii

343 ? 390 * 392 - 394 ? 395
Irak, 356, 384

Ireland, 95,131, 201,210, 369-37
Irish Free State* 22, 131* 360, 37

37 2

Irish Party, 147

Italy* 185, 22X, 261, 340* 369* 375
382-383* 393 ? 399 ? 40i

Jains* 342
James II, 36

Japan, 340, 365? 366, 379 ? 382* 383
384* 3^8, 393 ? 399-401
Jews, 7, 15, 93, 217, 221* 222, 225
263, 355-356
John* King, 35

Joint Sittings, 365* 367, 368, 376 j
Judges* 42-43* 64* 65* x6x* 195* 232
238* 239-247* 250, 261
Judicature* 91* 231-247, 252

,* , Supreme Court of* 239

252 .)

Judicial Power, 30-33

*, Committee, Privy Count
66* 247? 252* 275* 373
Jury* 236* 242-245* 250* 260
Justice, 4-5, 168, 248-265* 288
„ , Minister of* 253

Justices of the Peace* 43* 234-
248* 268* 273* 276, 277, 3x7*
Juveniles, 235* 255-256* 288

“ Kangaroo ”, 156* 157
Kenya* 48, 353
Kerensky, 226

King* 19, 28, 36-52, 61, 65* 66, ■ *
97? 129-130? 142? 151? 232, 239s
240, 247? 252*,257? 345? 3 3 «
371, 373 (see also Crown '*
Monarchy)

INDEX

421

’s Bench, 239-241
Proctor, 87
Speech, 45 * 143~*44
hts, 45, 129-130

nchere, H., 37

nor Government, 37,43, 57 . n8,

3, 183, 211, 318

mr. Ministry of, 55, 57, 92, 106,

5-120, 304

>ur Party, 45-465 95 . * 44 . *62,

6, 180-181, 183, 185, 201-205,

7, 211, 314-315, 31S, 332

?. ez-faire , 85, 89, 92-93, 205
: District, 281
:a$hire, 281
, 231-265
Bills, 153
Courts, 241

, international, 97, 392, 395
, kinds of, 231-234
Lords, 134, 232, 246-247

Officers, 62, 64

and Parliamentary Committee,
>8

r , Rule of, 22-26, 82, 258, 264-
> 5 * 3 * 7 . 3925 4015 403
1 of the Constitution^ 310
r , A. Bonar, 37
ding Cases, 232

gue of Nations, 8, 14, 32, 71, 97,
>1-202, 346, 355~3565, 382-403
mington, 278
of Fareham, Lord, 65
eft” 49, 675 204-205, 314-315.
\i

al Aid, Certificate of, 251
islative Power, 30-33, 376
Lin, 226

el, 233, 259-260

erals, 58, 95, 1325 * 44 . * 49 . * 73 .
81, 201, 204, 205-2.07, 210, 368
eria, 389

erty, 1-3, 30-33, 206, 257-265,
04, 405

raries, public, 27^, 306, 333
lie Entente, 385
erpool, 263
erymen, 323

yd George, 78, 122, 132, 148,
76, 207

Local Government, 120, 215, 267-
334

Local Government Act 1888, 268,
325

Local Government Act 1929, 273,
2835 303. 328 . .

Local Government Authorities, 267-

299

Local Government Board, 120
Local Government Electors, 269-
270

Local Government Finance, 120,
168, 300-307, 325-327
Local Government Officers, 311-314
London, 93, 175. 235. 241, 322-334
(see also Metropolitan)

London, City of, 90, 175 . 264, 323-
324, 326

London County Council, 90, 225,
324-333

London, East, 328-329
„ , Greater, 326, 334

„ rand Home Counties Joint
Electricity Authority, 334
London, Lord Mayor of, 323-325
„ , Port of, 334

„ Passenger Transport, 25,

107, 15L 334
Lord Advocate, 62
Lord of Appeal in Ordinary, 134,
232, 246-247

Lord Chamberlain, 261-262
„ 1 Chancellor, 32, 43 . 44 . 56. 59 .
63. 64. 135 . 143 . 234. 238, 239-
240, 245, 246, 252-253
Lord Chief Justice, 81,239,245,246
„ High Admiral, 98
„ „ Treasurer, 86, 98

„ Justice of Appeal, 245
„ Lieutenant, 234, 274
,, of Parliament, 134, 177
„ President, 56, 59
„ Privy Seal, 56, 57. 68
Lords, House of, 19-20,41-42,129-
130, 132-140, 144, 149 . 153 . *80,
203, 210, 214-215, 246, 251, 252,
365

Luther, 46
Lyotrgus, 5

MacDonald, R., 37. 57. '58. 112, 204

INDEX

422

Macedonians, 385, 388
Magistrates, 106, 234-237, 249, 260,
272, 277 (see also Justices)
Magyars, 385
Malta, 352
Man, Isle of, 94
Manchester, 175
Manchuria, 400

Mandates, 352, 355 “ 357 j 366, 369,
384

Maoris, 366-367

Marketing-Boards, 25, 55, 109, 201
Marriage Act 19375 136
Martial Law, 265
Marx, Karl, 227
Mary, Queen, 47
Master of the Rolls, 240, 245 _
Materialist Conception of History,
227

Maternity, 283^284, 330
Maxton, J., 205

Mayors, 175,17" 186,275-278, 309,
333

Mazarin, 55
Means Test, 118-119
Medical Benefit, 122
Medical Officer of Health, 272,
283-285, 291^292
Mediterranean, 384
Mensheviks, 226

Metropolitan Board of Works, 324
„ Police, 73, 905 ^64
„ Water Board, 334
Middlesex, 278
Militarism, 100
Mill, J. S., 179

Mines Department, 110, m, 116
Ministers, 36, 43-445 5 2 ~69, 162,
264 (see also Cabinet) *
Ministers and Civil Service, 71-74
„ outside Cabinet, 63

„ without Portfolio, 57

Minorities, 384-386
Misdemeanour, 242
Monarchy, 10-15, 34-52, 2 °°5 373
(see also Crown and King)

Money Bills, 133,1435 * 5 L 1 53 > *63,
326-327

Morris, William, 210
Morrison, Herbert, 107, 332
Mosley, Sir Oswald, 57
Motor Vehicle Duties, 166 .

Muhammadans, 338, 344, 347, 356,
356

Municipal Corporations Act 183s,
268 £

Municipal Reform Party, 314,33*;.

„ Trading, 304
Murray, Prof. Gilbert, 177
Mussolini, 220-221, 223-224, 22*-
227

Naboth’s vineyard, 4
Nansen, Dr., 389
Napoleon, 219
Natal, 367

Nation, 14, 224 (see also State)
National Association of Lo*.

Government Officers, 312
National Defence Contribution
165-167

National Savings Certificates, 10.;
,, Unemployed Workers’
Movement, 31

Navy, 98-99, 241, 261, 356, '
374, 380-381
Nazis, 219, 221, 387
Nehru, Jawaharlal, 352
New Despotism , The > 81
New Forest, 297
New Guinea, 363
New South Wales, 366
New Zealand, 360, 366-367,
Newfoundland, 360, 363
News from Nowhere , 210
Niemoller, Pastor, 23
Nigeria, 354

Nightingale, Florence, 71, 84
Nomination Day, 186
Nonconformity, 207
“ Nordic Race ”, 14
Northampton, 143
Northern Ireland, Province of,

235 93-945 I 3 L 1765 37 1
Northstead, Manor of, 194
Nuneaton, 278

Oath of Allegiance, 36,143, 37 °> 3 '
Ochlocracy, 15

Official Secrets Acts, 57
Old Age Pensions, see Pensions

Old Bailey, 241

INDEX

4*3

■chy, 15

a Boards 389

sition, 233 1495 *62, 209. 211,
sition, Leader of. 63. 146. *^ 5 a

nal Clause, 395

It River. 367
/a, 201, 360, 375 - 37 ^
nders, 367
:rowding, 294
seas Settlement Board, 365

lc, 352, 356, 363, 366, 3 s 4 a 3 88
tine, 355 - 35 ^ 3$4
erston, Lord, 38
h, 11, 268, 270-271, 281, 297,

ament, 3, 45 *°s 28, 35 a 88, I0 ^ 5
1-147, 160-1745 203, 216, 220,
o, 246, 260, 3195 34 ^ 3 &> _

.ament Act 19x1, 20-21, 26, 28 ,
3, 1375 i 4°5 * 43 s 153
lament. Acts of, 195 4°5 ISO-^SS*

; 2-234, 275 .

ament. Dissolution 01, 40-41,

ament, Election of, 174-195
, 3 Houses of, 129-141
3S Ministers in, 58
1,, Model, 130
33 Prorogation of, 40
33 Sovereignty of, 19-225
131-132, 233, 3*75 347 s 353 >
0-361

* amentary Counsel, 150
nell, C. S., 147
sis, 342

ies, political, 45, 54 s 93 > *375
69, 182, 187, 196-213, 234-235,
32, 3065 314-316, 332
isport Office, 95
rmaster-General, 88
si. Sir Robert, 73
srs, 41-435 465 * 34 s * 49 > *955 270
see also Lords)
aal System, 253-2575 3^3
nsions, 25, 77 s *° 3 a ** 5 s 123-124,
168-169, 202, 2745 298
nsions Committees, 124
J5 , Ministry of, 62

Percy, Lord Eustace, 57 . f

Permanent Court of International
Justice, 390, 394-39^

Permanent Secretaries, 74
Persia, 71, 356, 3*9
Petition of Right, 258
Petty Sessions, 236
Pilgrim Fathers, 339
Plague, 12, 280, 388
Planning, 296-297, 3 2C > 33 °— 33 *
Plutocracy, 15
Poland, 16, 386-387
Police, 90-91, 264, 274-275, 345
„ Metropolitan, 73 , 9 °, 264
Political Activities, Government,
85-101

Polling Day, 189-190
Poor Law Act 1601, 297
„ „ Board, 120

M Men’s Lawyers, 252
„ Persons Procedure, 251
Pope, 46
; Poplar, 325
Portuguese, 367

Postmaster-General, 62,71,103,104
Post Office, 7*5 745 87 > 103-105,122
5J >5 Savings Bank, 103-104,

166

Prerogative, 43-455 9*5 97 o 247
„ Courts, 66
Press, is, 47 , 5 °, 61, 248 ,,255
Prime Minister, 28, 36-38, 46, 55-
56, 59, 63-64, 86, 93, 101, 1405

239 > 375

Prince Consort, 47
Princes, Indian, 345 - 35 °

w of Royal Blood, 475 *34
Prisons, 249-250, 254-255
„ Commission, 91
Private Bills, 154-155

, 5 Enterprise, 60, 86, 102, no,
293 (see also Capitalism)

Private Members, 147 s * 5 2 a * 54 >
158, 161, 211

Privy Council, 20, 21, 54 5 ° 5 * *25

,3 Judicial Committee
of, 66, 2475 252, 2755 373
Probate Division, 240-241
Probation, 237. 256
Proclamations, 20, 43, 65, 342, 34*5
350

Progressive Party, 314-3155 33 2

INDEX

424

Proportional Representation, 1 Hi-
184, 207, 316

Protectorates, 353

Provisional Collection of Taxes Act,
1913, 20, 165

Provisional Order Confirmation Bill,
155

Public Accounts Committee, 170
„ Assistance, 118-119, 121,

270, 274, 297-299, 328-329

Public Bills, 133, 150

„ Health. Act 1936, 281, 284
„ Meetings Act 1908, 263
„ Order Act 1936, 93, 259, 263
3, Prosecutions, Director of, 43,
9i> 243

Public Schools, 75, 288-291, 324
„ Works Loans Board, 89

Quarter Sessions, 237, 277, 302

Queen, 44, 47'

Queen Mary, the, 89

Questions, in Parliament, 145-146

Racialism, 13-15, 217
Railway Rates Tribunal, 106
Railways, 87, 106-107, 349
Ratepayers’ Associations, 314
Rates, 300-302, 306
Rathbone, Eleanor, 179
Recorder, 237
Referees, Court of, 119
Referendum, 364, 376
Reform Acts, 131-132, 200
Refugees, 389
Regency, Council of, 47
Regionalism, 319-321
Register Office, 121
Registration Officer, 177, 242
Relieving Officer, 298-299
Rent Restriction Acts, 238
Rents, differential, 296
Reparations, 402
Report Stage, 153, 157
Representation of the People Act
1918,132,175
Republicanism, 51-52
Returning Officer, 178,186,190,270
Rexists, 218
Rhodesia, 355-369
Richard II, 130

Richelieu, 55

“ Right ”, 67,204-205, 314 - 3 X 5 ,
Road Fund, 105
Roads, 105, 126, 271-272
Roman Catholics, 46, 178,
369-370, 372

Roman Empire, 7, 12, 53, 118, 221,

378

Romford, 176
Roosevelt, Franklin, 27
Roses, Wars of, 7, 53, 130
Rothermere, Lord, 61
Rousseau, 2
Royal Assent, 40, 153
Rugby, 278

Rule of Law, 22-26, 82, 258, 264-

265, 317, 392. 401, 403

Rumania, 385

Rural District, 271-273, 281, 291,
300, 306

Russia, see Union of Socialist Soviet
Republics

Russian Empire, 15, 384

Saar, 386

Salaries, of M.P.s, 194
„ , of Ministers, 63-65

Salter, Sir Arthur, 179
Samoa, 366

Samuel Liberals, 58, 207
Sanctions, 397-401
Sanitary Authorities, 278, 330
„ Inspectors, 272, 282, 29^,
Saudi Arabia, 382
Scandinavia, 50
School, 74-75, 286-291
„ Board, .285

„ Inspectors, 126

„ leaving age, 77-78, 285-288
Scotland, 13, 14, 56, 62, 94-95, 119,
126, 131, 145, 152, 231
Second Ballot, 181

„ Chamber, l 35 -* 39 > *57. 35 °
' „ Reading, 151

Secretary-General, League of Na¬
tions, 383, 386, 390, 393, 396
Sedition, 259-260
Septennial Act 1716, 22
Serajevo, 381

Settlement, Act of, 1701, 20, 26,28,
36

425

INDEX

m Years War* 73, 361
akespeare, 5, 44 . 234
eriffs* 178* i86 3 274
ip Money 3 160
joping* in* 241* 380
.ops Acts* 330
shs* 342* 347 * 35 °
non* Sir John, 61, 207
** Commission* 345
iclair* Sir Archibald* 207
agapore* 388
an Fein* 370
very* 356* 369* 389
avs* 385

esser, Sir Henry* 58

amp, no* 199* 221* 387

urns* 292-296

nith* Adam* 102* 112* 340

ieli* Lord* 325

>cial Contract* 2-3

)dal Services* 86, 114-128* 168*

201, 206, 210, 280-299* 388

iciaUsm* 197-204, 206* 210, 221,

226* 304* 3153 332

..licitor-General* 58* 62

dihull, 278

^lon* 4

mth Africa* 10* 341* 355 * 3^0*
367-369* 374

Duth Africa Act 1909* 368
311th America* 16

3vereignty* 3 (se'e also Parliament
and States)

^ain, 4, 80* 96* 40a
jarta* 5

peaker* of House of Commons* 65*
133* 135 . I 42 -I 43 . 145 . 148-149.
15 *. 156* 161* 195
talin, 210* 226* 228
tamp Duties, 165—166
tamp* Sir J.* 276
tanding Joint Committee* 274
tar Chamber* 66
tate* 7, 9* 13* 209* 234* 405
tates* Sovereign* 14* 51, 85* 373,
379-381* 385* 392* 393. 398. 400*
402

tatistics* no, 116* 218
tatute Law* 19, 232-234, 251
tipendiary Magistrates* 235* 272*
277

tockton and Darlington Railway* 89

Stratford-on-Avon* 278
Strikes* 259

Subsidies* 109, in* 201
Suez Canal* 356* 367
Summary Jurisdiction* 235-237*
238* 242* 251, 255* 323
Sunday entertainments* 29* 92
Sunderland* 294'

Supply* Committee of* 161—163
Supreme Court of Judicature Act

1873. 239. 241. 252 ■

Surtax* 165
Surveyor* 272, 311
Sussex, 272 .

Swaraj * 344 , .

Switzerland* 13* 139 . 216* 364
Syria, 384

Taff Vale* 232
Tanganyika, 355-356
Tariffs* no* 201* 206* 376
Taxes* 87, 161-171

5J collection of, 168-169
Ten Minutes Rule* 154
Territorials* 98-99
Terry, Dame Ellen* 45
Teutons* 385
Third Reading, 153
homas* J. H., 57
ories* 54* 200
Town and Country Planning Acts*
297

Trade* no* 167* 375 . 4°3
„ Board of* 28* 56, 66, 110-112

„ Boards, 116-117

„ Disputes Act 1906, 232
„ „ and Trade Unions

Act 1927. 62* 75* 259

Trade Unions'* 24* 75, 109, no* 122*
137* 202-208* 216* 232* 252* 259
Transferable Vote* 181-182
Transport* Ministry of* 25* 57* 105-
107* 127* 167, 304
Transvaal* 367
Treason, 242* 245* 246
Treasury* 55* 76* 83, 86-89, 102*
103* 107, 118* 171. 3°4
Treasury Bench, 149
„ Bills, 88, 171
Treaties* 98* 382* 385* 392. 395 . 4°3
Trevelyan* Sir George* 73

INDEX

426

TrUro, 175
Tsar, 226
Tudors, 130
Turks, 355* 385
Tyneside, 95, 320 ■

Tyranny, 5, 15, 33, 210, 229, 406

Uganda, 355 ~ 35 &

Ukrainians, 389
Ullswater Committee, 104
Ulster crisis 1914, 50
Under-Secretaries, 62-63, 97
Unemployment, 117-120, 201, 202,
221, 224, 301, 365
Unemployment Assistance, 62, 97,
118-119,121,298

Unemployment Insurance, 25, 104,

118

Unemployment Insurance Acts, 81,

117-119,298 /O 1

Union, Acts of, 131, 134 1 ^

Union of Socialist Soviet Reptifmcs
(U.S.S.R.), 7 > 12 * i 4 > 86,139,205,
210, 217, 226-229, 261, 379,
391-393

Unionists, 200-201
Unitary States, 13, 366, 368
United Kingdom, see Britain
United States of America (U.S.A.),
10, 13, 27, 32, 139, 172, 219, 261,
340 , 359 > 361-363, 364, 382,
391 - 393 :. 401

Universities, 74-75, 90, 127, 176,
178-179, 181, 288-291
Untouchables, 342
Urban Districts, 65, 264, 271-272,
276, 281, 286, 291, 300, 306

Valuation, 120, 301-302
Versailles, Treaty of, 8, 221, 402
Vestries, 268, 324
Viceroy, 345-350
Victoria, Queen, 37-38, 39, 47, 51
Villiers, A. G., 329
** Votes ”, Committee of Supply,
162-163

Voting Register, 177-178, 189, 269,

304 , 333

Clff tarn

Wages, agricultural, 108-109
Wales, 13,14, 93,126,176
Wallace, William, 149
War, 12, 51, 97, 101, 110, 149, i 7 i 3
199, 201, 224-225, 373-374, 381
382, 396-405
War Cabinet, 59, 374
„ , Secretary for, 56
Warwickshire, 278
Washington Hours Convention, 394
Watch Committee, 277
Water, 267, 271, 281-282
Ways and Means Advances, 171,17
„ „ „ , Committee of, 16,

Wealth of Nations , 102, 340
Webbe, Sir Harold, 332
Weir Committee, 107
Wells, H. G., 6

West Indies, 352-353
4 Westminster, 325

ao-WHall, 149

tatute'of, 1931, 360-

.

363,372

Wheatley, John, 295
Whigs, 54, 205

Whips, 87, 148, 150, 152, 194-19*
211

White Australia, 366

Whitechapel, 263

Whitley Councils, 76

Whole House, Committee of, 151

Wilson, Woodrow, 32

Witan, 35

Women, 235, 310-311, 347
Woolsack, 135

Workers’ Educational Associatior
290-291

Workhouse, 299

Workmen’s Compensation, 252
Works, First Commissioner of, 57
World Commonwealth, 203, 378-
3^0, 392

World Politics, 378-404, 405-408
Writs, 240, 317

Yemen, 382
Yorkshire, 272

Young Offenders, see Juveniles
sYfgOrSlavia, 13, 398

HYDERABAD-A. f