Page:The Factory Controversy - Martineau (1855).djvu/40

 appearance of a triumph which they sought to obtain by treating Messrs. Wild's benefaction as damages.

"A man who gives an alms," says the letter, "is entitled to see it duly applied; and I shall not waive that privilege. I gave no promise to Mr. Robinson to remit the money, and I now repeat that the money shall not leave my hands till I am thoroughly satisfied as to its appropriation. If those who instruct you have any scheme to suggest, let it be submitted to me for approval, as I will not entrust a single sixpence of it to any man claiming authority through the Secretary of State, or the Factory Inspectors." Messrs. Wild have, therefore, been their own almoners. The costs of the trial, amounting to £318, were paid by the Committee of the Association of Mill-Occupiers. Their Report says (p. 11): "Considering the circumstances of the case, viz. the doubt which existed as to the Inspectors' interpretation of the law,—the offer of the defendants to arbitrate,—and the great expense to which they would be put by the action, even if it resulted in their favour (Government not being liable, like other plaintiffs in case of failure, to pay the costs of the defendant) there cannot be a doubt that the action was most "improper;" and that while factory occupiers are liable to such actions, they are justified in combining for mutual protection. The Committee did not pay the £150 given by Messrs. Wild and Son to the widow. They have not paid, and they do not intend to pay, damages or penalties in any case whatever."

The reasons why this prosecution has been declared by competent professional authorities unconstitutional and illegal in some of its incidents, can be easily and briefly explained; and the explanation will show what strong inducements Messrs. Wild had to agree at last to the Judge's repeated recommendation of a compromise. The action was so brought, by a skilful combination of the Factory Act and Lord Campbell's Act, as to give the nominal plaintiff all the powers derivable from a private action, and all the resources at the command of the Factory