the man versus the state-第18章
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r property in getting judges' interpretations。 And again; this system of putting networks of districts over other networks; with their conflicting authorities; is quite consistent with the method under which the reader of the Public Health Act of 1872; who wishes to know what are the powers exercised over him; is referred to 26 preceding Acts of several classes and numerous dates。(13*) So; too; with administrative inertia。 Continually there occur cases showing the resistance of officialism to improvements; as by the Admiralty when use of the electric telegraph was proposed; and the reply was 〃We have a very good semaphore system;〃 or as by the Post Office; which the late Sir Charles Siemens years ago said had obstructed the employment of improved methods of telegraphing; and which since then has impeded the use of the telephone。 Other cases akin to the case of industrial dwellings; now and then show how the State with one hand increases evils which with the other hand it tries to diminish; as when it puts a duty on fire…insurances and then makes regulations for the better putting out of fires: dictating; too; certain modes of construction; which; as Captain Shaw shows; entail additional dangers。(14*) Again; the absurdities of official routine; rigid where it need not be and lax where it should be rigid; occasionally become glaring enough to cause scandals; as when a secret State…document of importance; put into the hands of an ill…paid copying clerk who was not even in permanent Government employ; was made public by him; or as when the mode of making the Moorsom fuse; which was kept secret even from our highest artillery officers; was taught to them by the Russians; who had been allowed to learn it; or as when a diagram showing the 〃distances at which British and foreign iron…clads could be perforated by our large guns;〃 communicated by an enterprising attache to his own Government; then became known 〃to all the Governments of Europe;〃 while English officers remained ignorant of the facts。(15*) So; too; with State…supervision。 Guaranteeing of quality by inspection has been shown; in the hall…marking of silver; to be superfluous; while the silver trade has been decreased by it;(16*) and in other cases it has lowered the quality by establishing a standard which it is useless to exceed: instance the case of the Cork butter…market; where the higher kinds are disadvantaged in not adequately profiting by their better repute;(17*) or; instance the case of herring…branding (now optional) the effect of which is to put the many inferior curers who just reach the level of official approval; on a par with the few better ones who rise above it; and so to discourage these。 But such lessons pass unlearned。 Even where the failure of inspection is most glaring; no notice is taken of it; as instance the terrible catastrophe by which a train full of people was destroyed along with the Tay bridge。 Countless denunciations; loud and unsparing; were vented against engineer and contractor; but little; if anything; was said about the Government officer from whom the bridge received State…approval。 So; too; with prevention of disease。 It matters not that under the management or dictation of State…agents some of the worst evils occur; as when the lives of 87 wives and children of soldiers are sacrificed in the ship Accrington;(18*) or as when typhoid fever and diphtheria are diffused by a State…ordered drainage system; as in Edinburgh;(19*) or as when officially…enforced sanitary appliances; ever getting out of order; increase the evils they were to decrease。(20*) Masses of such evidence leave unabated the confidence with which sanitary inspection is invoked invoked; indeed; more than ever; as is shown in the recent suggestion that all public schools should be under the supervision of health…officers。 Nay; even when the State has manifestly caused the mischief complained of; faith in its beneficent agency is not at all diminished; as we see in the fact that; having a generation ago authorized; or rather required; towns to establish drainage systems which delivered sewage into the rivers; and having thus polluted the sources of water…supply; an outcry was raised against the water…companies for the impurities of their water an outcry which continued after these towns had been compelled; at vast extra cost; to revolutionize their drainage systems。 And now; as the only remedy; there follows the demand that the State; by its local proxies; shall undertake the whole business。 The State's misdoings become; as in the case of industrial dwellings; reasons for praying it to do more。 This worship of the legislature is; in one respect; indeed; less excusable than the fetish…worship to which I have tacitly compared it。 The savage has the defence that his fetish is silent does not confess its inability。 But the civilized man persists in ascribing to this idol made with his own hands; powers which in one way or other it confesses it has not got。 I do not mean merely that the debates daily tell us of legislative measures which have done evil instead of good; nor do I mean merely that the thousands of Acts of Parliament which repeal preceding Acts; are so many tacit admissions of failure。 Neither do I refer only to such quasi…governmental confessions as that contained in the report of the Poor Law Commissioners; who said that 〃We find; on the one hand; that there is scarcely one statute connected with the administration of public relief which has produced the effect designed by the legislature; and that the majority of them have created new evils; and aggravated those which they were intended to prevent。〃(21*) I refer rather to confessions made by statesmen; and by State…departments。 Here; for example; in a memorial addressed to Mr Gladstone; and adopted by a highly influential meeting held under the chairmanship of the late Lord Lyttelton; I read:
〃We; the undersigned; Peers; Members of the House of Commons; Ratepayers; and Inhabitants of the Metropolis; feeling strongly the truth and force of your statement made in the House of Commons; in 1866; that; 'there is still a lamentable and deplorable state of our whole arrangements; with regard to public works vacillation; uncertainty; costliness; extravagance; meanness; and all the conflicting vices that could be enumerated; are united in our present system;'〃 etc。; etc。(22*)
Here; again; is an example furnished by a recent minute of the Board of Trade (November; 1883); in which it is said that since 〃the Shipwreck Committee of 1836 scarcely a session has passed without some Act being passed or some step being taken by the legislature or the Government with this object〃 'prevention of ship…wrecks'; and that 〃the multiplicity of statutes; which were all consolidated into one Act in 1854; has again become a scandal and a reproach:〃 each measure being passed because previous ones had failed。 And then comes presently the confession that 〃the loss of life and of ships has been greater since 1876 than it ever was before。〃 Meanwhile; the cost of administration has been raised from *17;000 a year to *73;000 a year。(23*) It is surprising how; spite of better knowledge; the imagination is excited by artificial appliances used in particular ways。 We see it all through human history; from the war…paint with which the savage frightens his adversary; down through religious ceremonies and regal processions; to the robes of a Speaker and the wand of an officially dressed usher。 I remember a child who; able to look with tolerable composure on a horrible cadaverous mask while it was held in the hand; ran away shrieking when his father put it on。 A kindred change of feeling comes over constituencies when; from boroughs and counties; their members pass to the Legislative Chamber。 While before them as candidates; they are; by one or other party; jeered at; lampooned; 〃heckled;〃 and in all ways treated with utter disrespect。 But as soon as they assemble at Westminster; those against whom taunts and invectives; charges of incompetence and folly; had been showered from press and platform; excite unlimited faith。 Judging from the prayers made to them; there is nothing which their wisdom and their power cannot compass。
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