AUTHOR'S PREFACE

THE field of social legislation is so broad that within the bounds set for this paper only a very general treatment of particular problems is possible. Indeed, the purpose of these pages is simply to give a general view of the scope of social reform. In the brief review of recent progress and in pointing out the gaps in Iowa legislation no attempt is made to offer a solution for all the social difficulties which confront the people of this State. On the contrary the development of social legislation in Iowa demonstrates the fact that social problems can not be finally settled by a single stroke of legislation but that progress is made only by continued attention to changing conditions. The chief value of this paper must, therefore, lie in its suggestiveness.

The following pages are largely an abridgment of the author's more extensive work, entitled the History of Social Legislation in Iowa, which will soon be published by the State Historical Society of Iowa in the Iowa Social History Series. All citations to materials and authorities will be found in the Notes and References of the larger and more complete work.

To the Superintendent and Editor of The State Historical Society of Iowa, Professor Benj. F. Shambaugh, the author is indebted for constant guidance in the prep

aration of this paper. Thanks are also due to Dr. Fred E. Haynes for his many invaluable suggestions and criticisms. Miss Bessie A. McClenahan of the Bureau of Social Welfare in the Extension Division of the State University of Iowa contributed her assistance by a critical reading of the manuscript.

THE STATE HISTORICAL SOCIETY OF IOWA

IOWA CITY IOWA

JOHN E. BRIGGS

I

INTRODUCTION: WHAT IS SOCIAL

LEGISLATION

BROADLY considered all legislation is social legislation in that every law affects either directly or indirectly the well-being of society. At the same time it is evident that there are certain laws or groups of laws which touch the welfare of society much more intimately than others. Indeed, by choosing from the whole mass of legislation those enactments which have for their direct and primary purpose the betterment of living conditions one may define more or less clearly the field of social legislation. From this field would be excluded all such politico-social measures as relate to the form and organization of the various departments of government, methods of court procedure, the election of public officials, or provisions for direct legislation. Neither would the laws governing corporate interests, banking, commerce, and the operation of public utilities be included in a discussion of social legislation, since these activities are primarily economic in character.

Social legislation has been defined as the "balancing of individual demands with social demands and with other individual demands, so as to promote the general order by the equalization of opportunity, and to provide for the greatest possible self-realization consistent with the common good; at once to satisfy and reconcile the justifiable claims of the individual and of society as well". Its pur

pose is to secure for each individual "a standard of living, and such a share in the values of civilization as shall make possible a full moral life"; to obtain "the greatest possible self-realization of the individual consistent with an opportunity on the part of others to strive for a like realization." Social legislation aims to control human weaknesses and to develop the habit of self-reli ance. It deals with adverse conditions the causes of which are founded on natural phenomena and human association.

Thus defined and limited the field of social legislation may be divided into two parts: the first includes legislation affecting particular classes; and the second comprises measures affecting society in general. In the first group are placed the laws relating to dependents, defectives, delinquents, pensioners, and laborers; while in the second division are placed all laws affecting public health, public safety, public morals, and domestic relations.

THE BEGINNINGS OF SOCIAL LEGISLATION

Social legislation is by no means a departure of the present generation. Indeed, laws social in their character and effects have for centuries been enacted in a desultory sort of way. At the same time it is true that only in more recent years have the needs of social regulation come to be fully recognized and the enactment of social legislation consciously pursued. Before the great Industrial Revolution in England the solicitude of the government had been chiefly for the upper and propertyowning classes. When the Great Plague caused a shortage of labor in 1348, workmen were forbidden to demand more than the customary wages; and the first poor law, which was placed upon the statute books of England in

1601, went so far as to provide that a portion of the wages of laborers should be paid by the public to save expense to the individual employers.

At the opening of the nineteenth century individualism, both as a philosophy of life and as a theory of legislation, dominated human thought. Every man was presumed to be the best judge of his own interests; and it was thought that where each one acted for his own good the greatest good to all would result. The "let alone" policy, which claimed that conscious effort to improve social conditions is not only useless, but positively harmful, held sway: interference with the free efforts of individuals was regarded as unwise if not morally wrong.

The same idea was reflected in the political philosophy of the time. Government was to interfere as little as possible with the "natural rights" of individuals. Indeed, government was held to be a necessary evil, many persons subscribing to the doctrine of "the less government the better for the people." Thus, under the dominating influence of individualism, non-interference became the watchword of public policy; while along with the notion that the field of governmental activity should be limited as much as possible went the conception that in centralization of power there was danger.

During the last half of the nineteenth century, however, there was a general departure from the early régime of non-interference, laissez faire, and local independence. To-day governments no longer justify their acts on the theory of the "protection of natural rights", but rather on the grounds of "general welfare". Indeed, in this country a new democracy has evolved bringing with it a humanitarian spirit that has swept slavery out of the land, that has established the idea of reforming