The Archive · 1928

The Tyranny of Departments

Aug. 10, Among social movements of modern England none is more nected with the dispute cannot be published in the public interest and as, apparently, no one can question their decision, the litigant is largely at their mercy. In 1921 a Committee was set up to inquire into this obvious The Labour-Socialist Interna tional is made up of the mild, pink Social Democrats—once vitriolic and aggressive, now paled before the wrath of the Communists. They too commenced as followers of Karl interesting than the gradual abuse, with a view to making Marx but they gradually revised stirring of public opinion it easier for private persons to their theories of capital and against the tyranny of the per-sue the Departments, and in labour, of proletarian participa-manent Departments. In the February last year it presented tion in polities, until the Com-July "Fortnightly" there is a its report, which was actually munists turned upon them as most interesting article by Sir to all intents and purposes 4 the "running dogs" of capitalism John Marriott, M.P., entitled draft bill, to Parliament. There and drove them out of Russia. Law and Liberty," in which, the matter has since rested. A A Communist only hates an after showing that the independ-month ago questions were asked Anarchist worse than he does a ent administration and inter-in the House of Commons as to Socialist: ' both he regards as pretation of the law by the when the Government would give confusionists, who, by their Judges is the bulwark of British effect to the Committee's recom-divisionist tactics serve to des-liberty, he goes on to criticize mendations by legislation. The troy the unity of thought and the tendency of Parfiament to Attorney-General in reply was action among the proletariat and put into the permanent Depar!- most discouraging. No hope thus give to Capitalism the ments' hands powers wholly out-was held out of early legislation victory. This is an exceedingly side the control of the Law and questioners were invited to unpleasant combination of "ists Courts. The first two Stuart consider that the matter was and "isms" for an August day, Kings strove to subordinate the far from being non-conten-but as the radicals of various Judiciary to the Executive. tious." shades never cease passing Bacon and Wentworth, Earl of The instant question arises, resolutions, the remainder of us, Strafford, supported them; Coke, By whom is it contended? The small and unimportant though Chief Justice of the King's appointment of the Committee is we are, need to assert our claims Bench resisted and was dis-'a tacit admission that Ministers to a right in the sun, missed, the like penalty falling recognize the need of reform. on several other Judges. The No political Party has expressed For, curiously, in spite of the matter was settled once and for fact that almost all of us, in, th disapproval. And the Bar Coun-all when William III came to the cil and Law Society have made vale of tears, have to work for throne by the Act of Settlement, it plain that no opposition comes only the delegates to by which judges hold office a3 from the lawyers. The only con-long as they behave themsel clusion is that it is the Departseemliwise, draw their salaries selves as labourers. They are ments who object, as they na-from independent sources (now turally would, and that they the proletariat; the rest of the the Consolidated Fund) and can have succeeded in heading the world are capitalists, The only be removed on a joint Government off legislation. Ar aboriginal proletariat" is now address from both Houses of the "Morning Post" aptly puts in Asia and Africa, according Parliament. A moment's reflee Mr. Vandervelde, which must tion shows how tremendous is "The proposed Bill would in effect annoy the European proletariat the safeguard of the liberty of place the Crown, in respect of fearfully, for if it also is not the subject set up by this un-litigation, on exactly the same foot-aboriginal, if must consist of assailable independence of the ing ax the subject; and while it capitalists gone to seed.

Judges. But in recent years the would thus protect the subject, it tendency of Parliament has been would impose no liability on the 'The essential error of Karl more and more to go behind the representatives of the Crown greater Marx was his unfortunate _in-Judges' backs and give powers than they should bear.

But what nce upon classifying human to the permanent Departments the Departments fear is the check of beings in ill-mated pairs, patrithe Law. They find that to be becian and plebeian, master and which they should never possess.

Whether this is due to laziness yond the challenge of the aggrieved serf, capitalist and proletarian. Subject makes for the comfort of This made a wonderfully bril-or Inck of time to consider pro-their days; and once more they seem perly all the legislation Parli Hant sentence in the Communist to have prevailed with the Cabinet. ment has to get through, the Manifesto, which was written But this is a most serious que in the middle of the nineteenth result is the same. Sir John tion, Nothing is more apparent: Marriott notes that "out of 102 century, when rounded periods or more irksome in England now were dearly loved. But as a Public Acts passed in the year than the autocratic powers of matter of actual fact, human 1919 no fewer than sixty dele the bureaucracy. In all sorts of beings cannot exactly be fitted gated legislative power to some ways this is experienced and into these two cla What of subordinate authority." A most there appears no remedy, The the poets, for instance? They interesting story is told of the Department most generally com-are not capitalists, usually, for Rating and Valuation Bill, in plained of is, not unnaturally, they are often too poor to eat; illustration. Clause IV would the Inland Revenue. The Com-have empowered the Ministry of yet no one would accuse them of missioners of Income Tax, who Health to get from the High being labourers, While in ex-were once advisers of the public, Court an opinion on a doubtful plaited Asia and Africa, where are now to all intents and pur: the aboriginal proletariat finds point of law in matters of valua-poses its judges,.its accuser its heated haunts, there are tion for the purposes of rating, and the framers and interpreters armed with which it would then many who have nothing, want of its own rules of conduct from proceed to action. This dau: nothing and do nothing—and get which no escape seems visible. nothing for it. Where the stand-passed the House of Commons This, of course, is a slight ex-Unnoticed, but in the Upper ard of living is so low, where the aggeration of the actual state Chamber the Law, Lords fell people live on a grain and poor of affairs. But the uncontrolled upon it tooth and nail. It was vitamin vegetable diet, where power which the permanent De-no business, they said, of the there are few opportunities to partments possess and continue rise above the condition of life Judges to advise the Executive more and more to acquire is a at one's birth, there seems to on purely abstract questions and most serious danger to inthe effect of such an innovation be less aggressiveness on the dividual liberty. Such power would be to reduce the Judges part of the proletariat to become is the general practice in Conto the rank of mere attorneys to capitalistic and the capitalists tinental countries, but it is seem to be less able to hold on the Ministry of Health, and to entirely new to the English to what they inherit. Thus, confer on the latter arbitrary Constitution. 'The campaign in whereas in the United States, powers irrespective of the rights which Lord Hewart is inter-such a man as Mr. Edsel Ford, of individuals. - The Law Lords' esting himself so actively will the son of the capitalistic Henry opposition was so-strong and be watched with keen inter-Ford, starts as a mechanic well directed that the Governest. As once a Lord Chi ment was obliged to drop the (without a union card) in his Justice fought James I for the clause. Once more it may be father's shop and sweatingly rights of the subject, another labours like a Hungarian five-said, "Thank Heaven for the now prepares to fight the per-dollar-a-day proletarian, in such House of Lords." manent Qepartments. It is a a country as China, the son of The article we have been contest in which every British a two-generations removed from quoting is a good example of subject will instinctively feel the peasantry capitalist, throws criticism increasingly appearing himself involved. Are the De-money away on mediocre in all directions. Lord Hewart, partments to be masters of the pleasures, until his son is forced the Lord Chief Justice, is espe-public or its servants? to return to the peasantry to cially making himself the cham-glory in the wondrous misdeeds pion of the campaign against of his ancestors. In the West, Departmental usurpation of

Text read from the printed page and cleaned; old type leaves the occasional error.

Your account