CHAPTER SIXTEEN More Life in the Law, 1908-1914 BRANDEIS'S methods inevitably carried him on to the national stage. As the tentacles of industry, transportation, and finance took hold beyond state and regional lines, Washington rather than Boston became the center of his activity. The national spotlight had first fallen on him in 1897 when he spoke on behalf of consumers amid the jeers of tariff-supporting legis- lators. But the next time he commanded national attention even the reac- tionaries applauded. This was in 1908 when he presented to the United States Supreme Court his brief in Muller v. Oregon, a case involving a state statute limiting the hours of women in industry. 1 Brandeis's triumph in the Muller case was truly epoch-making. But the grounds on which he won his victory were even more important. For the first time, argument in a Supreme Court case was based not on dead legal precedents, but on the living facts of industrial America. Brandeis brought law and life together. Fitting eighteenth-century concepts to twentieth- century conditions, he made the law grow a hundred years in a day. To judge that achievement, we don't have to go to the dusty books. We have only to look about us to see how law (though not by all lawyers) is prac- ticed today. BLIND LEADERS OF THE LAW In Muller v. Oregon, Brandeis applied concepts which he had been urg- ing on lawyers for some time. A little later he elaborated these ideas in a notable address before the Chicago Bar Association, entitled "The Living Law". 2 Here he described how conditions had changed in the United States in recent years -- how independent small businessmen had fallen before the trusts and monopolies; how entrepreneurs had been forced to become workers for someone else; how the workers themselves had be- come mere cogs in an industrial machine which depended on sharp division of labor for mass production and upon mass production for its profits. No -245- |