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law. We didn't have any name for it then. I think he got this from Elkus, although I seem to remember that Elkus wasn't so hot about it either at first. That was that you cannot make detailed law, which will apply over the whole state of New York to every case. You can't write in the detail, except the minimum details and the purpose. You must provide for the delegation of authority to carry out a legislative purpose to a state body empowered to do certain things for certain reasons. So we invented the idea of an industrial commission or an industrial board which should have the power to make rules and regulations which would have the binding effect of law to put into effect and apply this principle, which was mainly that the purpose of these laws was to protect the life, health and safety and promote the welfare of the working people of the State of New York.
Quantities of lawyers around New York were consulted by Elkus and by Shientag, but I don't recall that anybody saw Louis Brandeis in particular. He was still in Boston then. He had been the one who had tried the Consumers' League case on the regulation of the hours of labor of women and made that famous brief which is called “Fatigue.” I don't think we called on him at all. I'm sure that Miss Pauline Goldmark, who was also working on this with the Consumers' League and writing up the reports of the
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