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hfARRIED IVUJIEN IN FACTORiES. ‘73
The objection which will naturally be made to this proposal
;S, that there are no means of carrying the lam into effect. It is
grnnted that any lam which, like tho Infant Life Protection
Act, becomes eutirely ineffective, is a reproach to legislation,
and by first quieting agitation, and then discouraging further
efforts, does far more harm than good. Some effectivo
machinery, or attempt to devise such machinery, must bo
provided in any lam on the subject. As in the case of all tho
other factory legislation, trial and experience must show hurv
that machinery can be improved and rendered adequnte to its
purpose. The history of such legislntion, in fact, alroady
affords important hints. Tho failure of tho Workshops Acts
of lSci7 shows thnt nothing can bo trusted to local or municipal
action in tllcso matters. Tl~c powers of tho lnrv must
bo exercised, as in the cnso of tho present Factories and Workshops
Act, from 15’llitchnll. Again, it is generully conceded
by all whohavepaid the least attention to this matter, that
tho employers cannot bo burdened with tho duty of inquiring
into the naturo of a woman’s horno duties. T‘ho penalties
must fa11 therefore directly upon tho persons most immedit~tely
implicated.
Fully conscioushowimpossible it is to foresee diaculties
or even absurdities in making suggestions of the sort, I nevertheless
venture to suggest that a moderate pecuniary penalty
should be imposed upon every able-bodied husband, or reputed
husband, whoso wife, having tho charge of any child under
three years of age, shall bo found to be employed regularly
in any factory or workshop under the Act.
Moreover, any person who systematically takes chargo of
the infants of any man, thus liable to penalty, should be
liable to a like penalty, without respect to the question
whether it appears to be done for profit or not’. Of course, DO
penalty would be inflicted where the caretaking was only OCCaaional,
as when a wife is going to bring or take back work to
be done at home. Only where factory books prove that B
woman mas regularly employed under the Factory Act, would
it be desirable to prosecute. The employers, however, might
be obliged to furnish evidence of the womanJs atkmdance at