From the courts to the state legislatures: social justice feminism, labor legislation, and the 1920s
2004; Taylor & Francis; Volume: 45; Issue: 2 Linguagem: Inglês
10.1080/0023656042000217264
ISSN1469-9702
Autores Tópico(s)American History and Culture
ResumoClick to increase image sizeClick to decrease image size Notes The dating of the Progressive Era comes from Diner Diner Steven, J A Very Different Age: Americans of the Progressive Era New York: Hill & Wang 1998 [Google Scholar], A Very Different Age, 13 and Sklar Sklar Kathryn Kish Florence Kelley and the Nation's Work: The Rise of Women's Political Culture, 1830–1900 New Haven: Yale University Press 1995 [Google Scholar], Florence Kelley and the Nation's Work, xv. For examples of the rich diversity now existing in Progressive Era historiography, see Elshtan Elshtan Jean Bethke Jane Addams and the Dream of American Democracy New York: Basic Books 2002 [Google Scholar], Jane Addams and the Dream of American Democracy ; Gordon Gordon Linda The Great Arizona Orphan Abduction Cambridge. Mass.: Harvard University Press 1999 [Crossref] , [Google Scholar], The Great Arizona Orphan Abduction ; Diner Diner Steven, J A Very Different Age: Americans of the Progressive Era New York: Hill & Wang 1998 [Google Scholar], A Very Different Age ; Sklar Sklar Kathryn Kish Florence Kelley and the Nation's Work: The Rise of Women's Political Culture, 1830–1900 New Haven: Yale University Press 1995 [Google Scholar], Florence Kelley and the Nation's Work ; Pegram Pegram Thomas, R Partisans and Progressives: Private Interest and Public Policy in Illinois, 1870–1922 Urbana: University of Illinois Press 1992 [Google Scholar], Partisans and Progressives ; and Muncy Muncy Robyn Creating a Female Dominion in American Reform, 1890–1930 New York: Oxford University Press 1991 [Google Scholar], Creating a Female Dominion. Chafe Chafe William, H The American Woman New York: Simon & Schuster 1972 [Google Scholar], The American Woman, 80. See Link Link, Arthur, S. (1959). ‘What Happened to the Progressive Movement in the 1920s?’. American Historical Review, 64(no. 4): 833–51. [Crossref] , [Google Scholar], ‘What Happened to the Progressive Movement?’ and Chambers Chambers Clarke, A Seedtime of Reform: American Social Service and Social Action, 1918–1933 Minneapolis: University of Minnesota Press 1963 [Google Scholar], Seedtime of Reform for the start of a reinterpretation of the 1920s. Lemons Lemons JStanley The Woman Citizen: Social Feminism in the 1920s Urbana: University of Illinois 1973 [Google Scholar], The Woman Citizen and Cott Cott Nancy, F The Grounding of Modern Feminism New Haven: Yale University Press 1987 [Google Scholar], The Grounding of Modern Feminism delved deeper into the 1920s, particularly in the context of women's social activism. For studies that continue to probe the 1920s, see Goldberg Goldberg David, J Discontented America: The United States in the 1920s Baltimore: Johns Hopkins University Press 1999 [Crossref] , [Google Scholar], Discontented America ; Andersen Andersen Kristi After Suffrage: Women in Partisan and Electoral Politics before the New Deal Chicago: University of Chicago Press 1996 [Google Scholar], After Suffrage ; Wilkerson‐Freeman Wilkerson‐Freeman Sarah Louise ‘Women and the Transformation of American Politics, North Carolina, 1898–1940.’ PhD dissertation, University of North Carolina at Chapel Hill 1995 [Google Scholar], ‘Women and the Transformation of American Politics;’ Gordon Gordon Felice After Winning: The Legacy of the New Jersey Suffragists, 1920–1947 New Brunswick, N.J.: Rutgers University Press 1986 [Google Scholar], After Winning ; and Tobin Tobin Eugene Organize or Perish: America's Independent Progressives, 1913–1933 New York: Greenwood Press 1986 [Google Scholar], Organize or Perish. For an overall reinterpretation of the 1920s, see Goldberg Goldberg David, J Discontented America: The United States in the 1920s Baltimore: Johns Hopkins University Press 1999 [Crossref] , [Google Scholar], Discontented America. The current term used to describe the efforts of middle and working class women in the 1920s, ‘social feminism,’ remains valid, but it has become too closely associated with middle class women's organizations. In addition the term ‘working class feminism’ also ignores the fact that middle and working class women did form cross‐class coalitions. For the origins of the term, see Lemons Lemons JStanley The Woman Citizen: Social Feminism in the 1920s Urbana: University of Illinois 1973 [Google Scholar], The Woman Citizen and O'Neill O'Neill William, L Everyone Was Brave: A History of Feminism in America New York: Quadrangle 1969 [Google Scholar], Everyone Was Brave. For a further discussion of the limitations of using ‘social feminism,’ see Cott —— ‘What’s in a Name?: The Limits of Social Feminism, or Expanding the Vocabulary of Women's History.’ Journal of American History 76 no. 3 (1989) 809 29 [Crossref] , [Google Scholar], ‘What’s in a Name?' On the term ‘working class feminism,’ see Weiner‐Greenwald Weiner‐Greenwald, Maurine. (June 1989). ‘Working‐Class Feminism and the Family Wage Ideal: The Seattle Debate on Married Women’s Right to Work, 1914–1929.’. Journal of American History, 76(no. 1): 118–49. [Crossref] , [Google Scholar], ‘Working‐Class Feminism and the Family Wage Ideal,’ 141. For more information on the Women's Joint Congressional Committee, whose major legislative accomplishment during the 1920s encompassed the passage of the Sheppard‐Towner Act, see Cott Cott Nancy, F The Grounding of Modern Feminism New Haven: Yale University Press 1987 [Google Scholar], The Grounding of Modern Feminism, 97–99, and Doolittle Doolittle Jan, P ‘Organized Women under Attack: The Women’s Joint Congressional Committee and Its Legislative Campaign for Mothers and Children, 1920–1930.’ PhD dissertation, State University of New York at Binghamton 2000 [Google Scholar], ‘Organized Women under Attack.’ See the discussion in Sklar et al ——, Anja Schuler, and Susan Strasser, eds. Social Justice Feminists in the United States and Germany: A Dialogue in Documents, 1885–1933 Ithaca, N.Y.: Cornell University Press 1998 [Google Scholar]., Social Justice Feminists, 4–5. I also benefited from Jane Mansbridge's discussion of the term ‘justice’ in Fox and Kloppenberg Fox, Richard Wrightman, and James T., Kloppenberg, eds. A Companion to American Thought Malden, Mass.: Blackwell 1995 [Google Scholar], A Companion to American Thought, 361–65. For a further discussion of this topic, see McGuire McGuire John Thomas ‘A Catalyst for Reform: The Women’s Joint Legislative Conference (WJLC) and Its Fight for Labor Legislation in New York State, 1918–1933.’ PhD dissertation, State University of New York at Binghamton 2001 [Google Scholar], ‘A Catalyst for Reform,’ 1–86. ‘Extracts from Address Delivered by Miss Rose Schneiderman before the Women’s Industrial Conference … Jan. 20, 1926: The Right to Citizenship,' Mary van Kleeck Papers, Smith College, Northampton, MA, Box 71, Folder 1171. Perkins's comments come from ‘Address at Testimonial Luncheon in [Frances Perkins’s] Honor … ,' typed copy in Frances Perkins Papers, Box 44, ‘Speeches, 1929–1930,’ Rare Book and Manuscript Collection, Butler Library, Columbia University, New York. Sklar Sklar Kathryn Kish Florence Kelley and the Nation's Work: The Rise of Women's Political Culture, 1830–1900 New Haven: Yale University Press 1995 [Google Scholar], Florence Kelley and the Nation's Work, 8–13, 37–43, 101–5, 168–72. See also Sklar —— ‘Hull House in the 1890s: A Community of Women Reformers.’ Signs 10 no. 4 (1985) 665 66 [Google Scholar], ‘Hull House in the 1890s,’ 665–66, and Addams Addams Jane Twenty Years of Hull House, with Autobiographical Notes Urbana: University of Illinois Press 1990 [1910] [Google Scholar], Twenty Years of Hull House, 77. For the early history of the National Consumers' League, see Nathan Nathan Maud The Story of an Epoch‐Making Movement London: Garland 1986, [1926] [Google Scholar], The Story of an Epoch‐Making Movement and Storrs Storrs Landon, RY Civilizing Capitalism: The National Consumers' League, Women's Activism, and Labor Standards in the New Deal Era Chapel Hill: University of North Carolina Press 2000 [Google Scholar], Civilizing Capitalism, 13–40. The best sources for the NCL's efforts on Muller v. Oregon are Woloch Woloch Nancy Muller v. Oregon: A Brief History with Documents New York: Bedford 1998 [Google Scholar], Muller v. Oregon: A Brief History with Documents and Goldmark Goldmark Josephine Impatient Crusader: Florence Kelley's Life Story Urbana: University of Illinois Press 1953 [Google Scholar], Impatient Crusader. McGuire McGuire John Thomas ‘A Catalyst for Reform: The Women’s Joint Legislative Conference (WJLC) and Its Fight for Labor Legislation in New York State, 1918–1933.’ PhD dissertation, State University of New York at Binghamton 2001 [Google Scholar], ‘A Catalyst for Reform,’ 22–86, describes the NCL's fight for nightwork legislation in New York State in conjunction with the Russell Sage Foundation and the Factory Investigating Commission. See Urofsky Urofsky Melvyn ‘Bunting v. Oregon.’ In The Oxford Companion to the Supreme Court of the United States edited by Kermit L., Hall. New York and Oxford: Oxford University Press 1992 [Google Scholar], ‘Bunting v. Oregon,’ 102. Louis D. Brandeis arranged for Frankfurter to assume his legal duties with the NCL after his confirmation to the US Supreme Court in 1916. See letter from Brandeis to Frankfurter, 25 November 1916, in Urofsky and Levy ——, and David W., Levy, eds. ‘Half‐Brother, Half Son,’ the Letters of Louis D. Brandeis to Felix Frankfurter Norman: University of Oklahoma Press 1991 [Google Scholar], ‘Half‐Brother, Half Son’, 27. Frankfurter Frankfurter, Felix. (February 1916). ‘Hours of Labor and Realism in Constitutional Law.’. Harvard Law Review, 29(no. 1): 353–73. [Crossref] , [Google Scholar], ‘Hours of Labor and Realism in Constitutional Law,’ 367, emphasis in original. See also Sklar —— ‘Two Political Cultures in the Progressive Era: The National Consumers’ League and the American Association for Labor Legislation.’ In U.S. History as Women's History: New Feminist Essays edited by Linda K. Kerber, Alice Kessler–Harris, and Kathryn Kish Sklar. Chapel Hill: University of North Carolina Press 1995 [Google Scholar], ‘Two Political Cultures in the Progressive Era,’ 51. O'Neill —— The Women Movement: Feminism in the United States and England London: George Allen & Unwin 1969 [Google Scholar], The Women Movement, 62. For the details of Davis's brief, and the Court's reaction to the sociological evidence presented, see Hammer v. Dagenhart, 247 US 249, 269, 271 (1918). For further details on the child labor laws, see Wood Wood Stephen, B Constitutional Politics in the Progressive Era: Child Labor and the Law Chicago: University of Chicago Press 1968 [Google Scholar], Constitutional Politics in the Progressive Era, 77, 200–6, 278. Quoted in Ware —— Partner and I: Molly Dewson, Feminism, and New Deal Politics New Haven: Yale University Press 1987 [Google Scholar], Partner and I, 97. Ibid. Hart Hart Vivien Bound by Our Constitution: Women Workers and the Minimum Wage Princeton: Princeton University Press 1994 [Crossref] , [Google Scholar], Bound by Our Constitution, 123. See McGuire McGuire John Thomas ‘A Catalyst for Reform: The Women’s Joint Legislative Conference (WJLC) and Its Fight for Labor Legislation in New York State, 1918–1933.’ PhD dissertation, State University of New York at Binghamton 2001 [Google Scholar], ‘A Catalyst for Reform,’ 23, for a discussion of this new generation of female reformers. Susan Ware also provides a picture in Beyond Suffrage. ‘Biography [of Molly Dewson],’ c. 1933, National Consumers' League Papers (hereinafter ‘NCL Papers’), Microfilm Edition, Reel 99, 1. The originals are in the possession of the NCL headquarters in Washington, DC. ‘Biography [of Molly Dewson],’ 1. Letter from Florence Kelley to Molly Dewson, 16 June 1919, Mary Williams (Molly) Dewson Papers, Microfilm Edition, (hereinafter ‘Dewson Papers, Microfilm Edition’), Reel 3, Folder 29, ‘General [Correspondence], 1919–1958 (Scattered).’ The originals are at the Arthur and Elizabeth Schlesinger Library for the History of Women, Radcliffe Institute, Cambridge, MA. Telegram from Florence Kelley to Molly Dewson, n.d., in Dewson Papers, Microfilm Edition, Reel 3, Folder 29. Letter from Molly Dewson to New York State Industrial Commissioner Isador Lubin, 16 April 1957, 1, Dewson Papers, Microfilm Edition, Reel 3. Lubin had written to Dewson on the twentieth anniversary of the successful passage of New York State's minimum wage statute. Dewson was mistaken because Kelley told Felix Frankfurter in 1923 that Englishman J. J. Mallon had introduced her to the minimum wage issue in 1908. Kerr Kerr, IV and Thomas, J. (1971). ‘The New York Factory Investigating Commission and the Minimum‐Wage Movement.’. Labor History, 11(no. 3): 373–91. [Taylor & Francis Online] , [Google Scholar], ‘The New York Factory Investigating Commission,’ 374. See also Kelley Kelley, Florence. (1912). ‘Minimum Wage Laws.’. Journal of Political Economy, 20: 999–1003. [Crossref] , [Google Scholar], ‘Minimum Wage Laws,’ 999–1003. See, for example, letter from Molly Dewson to Felix Frankfurter, 2 February 1938, Dewson Papers, Microfilm Edition, Reel 3, Folder 28, after both had eulogized Evans. See letter from Felix Frankfurter to Florence Kelley, July 1922 (?), NCL Papers, Microfilm Edition, Reel 48, Congressional File, Child Labor Amendment, 1922–24, and Minutes of NCL Board of Directors Meeting, 15 June 1922, Felix Frankfurter Papers, Library of Congress, Microfilm Edition (hereinafter ‘Frankfurter Papers’), Reel 100, 15 June 1922. The originals of the Felix Frankfurter Papers are in the Library of Congress. Letter from Felix Frankfurter to Florence Kelley, 28 February 1921, quoted in Hart Hart Vivien Bound by Our Constitution: Women Workers and the Minimum Wage Princeton: Princeton University Press 1994 [Crossref] , [Google Scholar], Bound by Our Constitution, 225, note 67. See Lipschultz Lipschultz Sybil ‘Social Feminism and Legal Discourse, 1908–1923.’ In At the Boundaries of Law, Feminism, and Legal Theory edited by Martha Albertson Fineman and Nancy Sweet Thomadsen. New York: Routledge 1991 [Google Scholar], ‘Social Feminism and Legal Discourse,’ 211. This article was originally printed in the Yale Journal of Law and Feminism (1989). District of Columbia Minimum Wage Cases: Court of Appeals of the District of Columbia, October Term, 1920, Brief for Appellants (New York: Chas. P. Young, 1920) (hereinafter Adkins Brief) 5 and Oregon Minimum Wage Cases: Supreme Court of the United States, Oct. Term, 1916, Nos. 25 and 26 (New York: National Consumers' League, 1917), 7. See also letter from Frankfurter to Stephens, 4 December 1920, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 96. Letter from Molly Dewson to Felix Frankfurter, 6 November 1920, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 96. Ware —— Partner and I: Molly Dewson, Feminism, and New Deal Politics New Haven: Yale University Press 1987 [Google Scholar], Partner and I, 100. Adkins Brief, 72. Adkins Brief, 91, 108. Zimmerman Zimmerman, Joan. (June 1991). ‘The Jurisprudence of Equality: The Women’s Minimum Wage, the First Equal Rights Amendment, and Adkins v. Children's Hospital, 1905–1923.’. Journal of American History, 78(no. 1): 188–225. [Crossref] , [Google Scholar], ‘The Jurisprudence of Equality,’ 192–193. Quoted from Hall Hall, Kermit L., ed. The Oxford Companion to the Supreme Court of the United States New York and Oxford: Oxford University Press 1992 [Google Scholar], The Oxford Companion, 962. Friedman Friedman Lawrence, M A History of American Law 2nd ed. New York: Simon & Schuster 1985 [Google Scholar], A History of American Law, 521. Ware —— Partner and I: Molly Dewson, Feminism, and New Deal Politics New Haven: Yale University Press 1987 [Google Scholar], Partner and I, 97. Florence Kelley to Molly Dewson, 7 July 1921, Dewson Papers, Microfilm Edition, Reel 3, Folder 29. White had apparently incurred Kelley's wrath because of his votes against the child labor law in Hammer v. Dagenhart. White's successor, the conservative William Howard Taft, ironically voted for the minimum wage statute when Adkins came to the Supreme Court. Felix Frankfurter to Florence Kelley, 28 February 1921, quoted in Ware —— Partner and I: Molly Dewson, Feminism, and New Deal Politics New Haven: Yale University Press 1987 [Google Scholar], Partner and I, 99. Hart Hart Vivien Bound by Our Constitution: Women Workers and the Minimum Wage Princeton: Princeton University Press 1994 [Crossref] , [Google Scholar], Bound by Our Constitution, 123–24. Ibid., 123. Ware —— Partner and I: Molly Dewson, Feminism, and New Deal Politics New Haven: Yale University Press 1987 [Google Scholar], Partner and I, 99–100. Adkins v. Children's Hospital, 261 US 525, 67 L.Ed. 782 (1923), 783. Frankfurter and Stephens also filed a brief on the secondary issue of whether the District of Columbia Court of Appeals should have reheard the case. Adkins, 67 L.Ed. at 787. The Supreme Court dismissed the secondary issue in a brief opinion. Adkins, 67 L.Ed. at 790. Adkins, 67 L.Ed. at 795. Adkins, 67 L.Ed. at 795, emphasis added. Adkins, 67 L.Ed. at 798. Letter from Molly Dewson to Isador Lubin, New York State Labor Commissioner, 16 April 1957, in Dewson Papers, Microfilm Edition, Reel 1. Lubin wrote Dewson on the twentieth anniversary of the repassage of New York State's minimum wage law for working women, a development traced in McGuire McGuire John Thomas ‘A Catalyst for Reform: The Women’s Joint Legislative Conference (WJLC) and Its Fight for Labor Legislation in New York State, 1918–1933.’ PhD dissertation, State University of New York at Binghamton 2001 [Google Scholar], ‘A Catalyst for Reform,’ 315–36. ‘Confidential’ letter from Frankfurter to Kelley, 10 April 1923, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Letter from Felix Frankfurter to Alice Paul, 30 June 1921, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. See letter from Molly Dewson to Felix Frankfurter about meeting, 16 April 1923, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. This document does not mention Mary van Kleeck except in passing, but from the Progressive Era to the early 1930s the head of the Russell Sage Foundation's Division of Industrial Studies provided essential support for the fight for social justice during the 1920s. For more information, see McGuire McGuire John Thomas ‘A Catalyst for Reform: The Women’s Joint Legislative Conference (WJLC) and Its Fight for Labor Legislation in New York State, 1918–1933.’ PhD dissertation, State University of New York at Binghamton 2001 [Google Scholar], ‘A Catalyst for Reform,’ 195–236. Quoted in Chambers Chambers Clarke, A Seedtime of Reform: American Social Service and Social Action, 1918–1933 Minneapolis: University of Minnesota Press 1963 [Google Scholar], Seedtime of Reform, 71. Letter from Felix Frankfurter to Florence Kelley, 4 May 1923, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Letter from Florence Kelley to Felix Frankfurter, 23 May 1923, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Copy of proposed NCL statute, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Letter from Felix Frankfurter to Benjamin Cohen, 5 June 1923, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Lash Lash Joseph Dealers and Dreamers New York: Norton 1988 [Google Scholar], Dealers and Dreamers, 39. Cohen later joined Dewson and Frankfurter in the consideration of a ‘fair’ minimum wage statute in New York, see McGuire McGuire John Thomas ‘A Catalyst for Reform: The Women’s Joint Legislative Conference (WJLC) and Its Fight for Labor Legislation in New York State, 1918–1933.’ PhD dissertation, State University of New York at Binghamton 2001 [Google Scholar], ‘A Catalyst for Reform,’ 265–314. See White White G, Edward The American Judicial Tradition: Profiles of Leading American Judges Rev. ed. New York and Oxford: Oxford University Press 1988 [Google Scholar], The American Judicial Tradition, 325–26, and Hirsch Hirsch HN The Enigma of Felix Frankfurter New York: Basic Books 1981 [Google Scholar], The Enigma of Felix Frankfurter, 23–24. Quotations from Felix Frankfurter to Oliver Wendell Holmes, 10 February 1912 (emphasis in original), quoted in Hirsch Hirsch HN The Enigma of Felix Frankfurter New York: Basic Books 1981 [Google Scholar], The Enigma of Felix Frankfurter, 33, and from letter from Felix Frankfurter to Franklin D. Roosevelt, 17 January 1930, in Freedman Freedman, Max E., ed. Roosevelt and Frankfurter: Their Correspondence, 1928–1945 Boston: Atlantic Monthly Press 1967 [Google Scholar], Roosevelt and Frankfurter, 44. In the Holmes quotation, Frankfurter is referring to Holmes's landmark jurisprudential study, The Common Law. Simon Simon James The Antagonists: Hugo Black, Felix Frankfurter, and Civil Liberties in Modern America New York: Simon & Schuster 1989 [Google Scholar], The Antagonists, 106–15, 117–19, 127. Frankfurter's quotation is from Goldmark Goldmark Josephine Impatient Crusader: Florence Kelley's Life Story Urbana: University of Illinois Press 1953 [Google Scholar], Impatient Crusader, v. His years as an Assistant US Attorney are from Parrish Parrish Michael, E Felix Frankfurter and His Times: The Reform Years New York: Free Press 1982 [Google Scholar], Felix Frankfurter and His Times, 35. Letter from Florence Kelley to Felix Frankfurter, 29 May 1923, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Parrish Parrish Michael, E Felix Frankfurter and His Times: The Reform Years New York: Free Press 1982 [Google Scholar], Felix Frankfurter and His Times, 6. Letter from Felix Frankfurter to Florence Kelley, 31 May 1923, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Letter from Florence Kelley to Felix Frankfurter, 5 June 1923, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Costin Costin Lela, B Two Sisters for Social Justice: A Biography of Grace and Edith Abbott Urbana: University of Illinois Press 1983 [Google Scholar], Two Sisters for Social Justice, 152. Letters from Felix Frankfurter to Benjamin Cohen and to Grace Abbott, both 5 June 1923, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Letter from Frankfurter to Cohen, 5 June 1923, letter from Molly Dewson to Felix Frankfurter, 6 June 1923, and letter from Molly Dewson to Felix Frankfurter, 11 June 1923, all in Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Letter from Louis Brandeis to Felix Frankfurter, 16 June 1922, in Urofsky, ‘ Half‐Brother, Half‐Son ’, 103–4 and accompanying footnotes. Letters from Felix Frankfurter to Florence Kelley, 30 March 1924, and from Florence Kelley to Felix Frankfurter, 5 April 1924, both in Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Letter from Dewson to Lubin, 16 April 1957. In the Supreme Court of the State of California, Gainer v. A.D.C. Dohrman, Katherine Philips Edson, et al., Brief on Behalf of Amici Curiae, Supporting Respondents' Contention (New York: National Consumers' League, 1924). An amicus curiae brief (the term means ‘friend of the court’ in Latin) is a brief submitted by an organization not a party in a pending appellate case on behalf of either the appellant or appellee. For example, in many abortion rights cases Planned Parenthood submits briefs on behalf of the side seeking affirmation of Roe v. Wade. These briefs, however, can only be filed with the permission of the appellate court. Braitman Braitman Jacqueline, R ‘Katherine Philips Edson: A Progressive‐Feminist in California’s Era of Reform.’ PhD dissertation, University of California at Los Angeles 1988 [Google Scholar], ‘Katherine Philips Edson,’ 408–9. O'Connor O'Connor Karen Women's Organizations' Use of the Courts Lexington, Mass.: Lexington 1980 [Google Scholar], Women's Organizations' Use of the Courts, 72–73. Interestingly, while Frankfurter still argued appellate cases in 1936, his protégé Dean Acheson argued Tipaldo before the Supreme Court. Hart Hart Vivien Bound by Our Constitution: Women Workers and the Minimum Wage Princeton: Princeton University Press 1994 [Crossref] , [Google Scholar], Bound by Our Constitution, 9. ‘Working for Labor Standards,’ by Mary W. Dewson, Chairman, NCL Labor Standards Committee, and Emily Sims Marconnier, Associate General Secretary, NCL, c. 1933, NCL Papers, Microfilm Edition, Reel 99. Chambers Chambers Clarke, A Seedtime of Reform: American Social Service and Social Action, 1918–1933 Minneapolis: University of Minnesota Press 1963 [Google Scholar], Seedtime of Reform, 72. For further details, see McGuire McGuire John Thomas ‘A Catalyst for Reform: The Women’s Joint Legislative Conference (WJLC) and Its Fight for Labor Legislation in New York State, 1918–1933.’ PhD dissertation, State University of New York at Binghamton 2001 [Google Scholar], ‘A Catalyst for Reform,’ 265–315. Hart Hart Vivien Bound by Our Constitution: Women Workers and the Minimum Wage Princeton: Princeton University Press 1994 [Crossref] , [Google Scholar], Bound by Our Constitution, 133. Susan Ware first states that Dewson left the NCL because of Adkins 's disappointing result, but then changes the reason to ill‐health. Ware —— Partner and I: Molly Dewson, Feminism, and New Deal Politics New Haven: Yale University Press 1987 [Google Scholar], Partner and I, 102–3. One thing does seem certain: Molly Dewson wanted to leave the NCL. As she remarked later in a covering memorandum for a 1926 letter to Eleanor Roosevelt, ‘I remember that I needed a rest.’ Letter in Molly Dewson Papers, Franklin D. Roosevelt Library, Hyde Park, New York. Letter from Florence Kelley to Felix Frankfurter, 26 May 1923, Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Letter from Florence Kelley to Molly Dewson, 17 February 1924, Dewson Papers, Reel 3, Folder 29, emphasis in original. See, for example, letter from Molly Dewson to Maud Swartz, 30 April 1920, New York Women's Trade Union League Papers, Microfilm Edition, Reel 7. The originals of the NYWTUL papers are in New York University's Tamiment Library. Letter from Katherine Philips Edson to Molly Dewson, c. 1922, Dewson Papers, Microfilm Edition, Reel 3, Folder 28. ‘The Eight Hour Day and Rest At Night Statute,’ NCL Pamphlet, copy in Frankfurter Papers, Library of Congress, Microfilm Edition, Reel 100. Letter from Florence Kelley to Ethel Dreier, 1 July 1924, in Dewson Papers, Microfilm Edition, Reel 3, Folder 29. For further details, see McGuire McGuire John Thomas ‘A Catalyst for Reform: The Women’s Joint Legislative Conference (WJLC) and Its Fight for Labor Legislation in New York State, 1918–1933.’ PhD dissertation, State University of New York at Binghamton 2001 [Google Scholar], ‘A Catalyst for Reform,’ 198–99. Letter from Frances Perkins to Molly Dewson, 29 July 1924, Dewson Papers, FDR Library, Hyde Park, New York, General Correspondence, Cont. 3, File, ‘Frances Perkins.’ Board of Directors' Meeting, 6 May 1925, Papers of the Women's City Club of New York Papers, 1916–81, Microfilm Edition, Reel 3. The originals are with the WCCNY headquarters in New York City. Nathan, Story of an Epoch‐Making Movement, 16, 25–26. For details on the Consumers' League of New York see ‘Annual Report, Consumers’ League of New York, 1926–1927,' Box 5B, Folder 17, Consumers' League of New York Papers, Kheel Center, Industrial and Labor Relations Library, Cornell University, Ithaca, NY. McGuire McGuire John Thomas ‘A Catalyst for Reform: The Women’s Joint Legislative Conference (WJLC) and Its Fight for Labor Legislation in New York State, 1918–1933.’ PhD dissertation, State University of New York at Binghamton 2001 [Google Scholar], ‘A Catalyst for Reform,’ 276–313. The passage of the minimum wage bill in New York State did not mean the end of the struggle. In early 1936, the US Supreme Court found the minimum wage statute unconstitutional in Morehead v. Tipaldo, 80 L.Ed. 1347. Public outrage and changing political circumstances eventually convinced the Supreme Court to change its mind in West Coast Hotel v. Parrish, 81 L.Ed 703 (1937). For an interesting discussion of the minimum wage cases, see ‘The Minimum Wage Cases Revisited,’ in Cushman Cushman Barry Rethinking the New Deal Court: The Structure of a Constitutional Revolution New York: Oxford University Press 1998 [Google Scholar], Rethinking the New Deal Court, 84–105. Letter from Florence Kelley to Eleanor Roosevelt, December (?) 1929, Eleanor Roosevelt Correspondence, 1928–32, Franklin D. Roosevelt Library, Hyde Park, New York, Box 7, ‘Consumers’ League.' Taylor Bulletin 16, no. 1 (1931): 16, original in Olin Library Collection, Cornell University, Ithaca, NY. See also Strom Strom Sharon Hartman Beyond the Typewriter: Gender, Class, and the Origins of Modern American Office Work, 1900–1930 Urbana: University of Illinois Press 1992 [Google Scholar], Beyond the Typewriter, 328. Letter from Felix Frankfurter to Molly Dewson, 12 March 1932, Cont. 2, ‘Correspondence, F‐Mc’ Folder, Felix Frankfurter Papers/Correspondence, 1921–54, Mary Williams (Molly) Dewson Papers, Franklin D. Roosevelt Library, Hyde Park, New York. Frankfurter evidently mended his relations with the Goldmark family. As noted previously, he wrote the introduction for Josephine Goldmark's 1953 biography of Florence Kelley. Additional informationNotes on contributorsJohn McGuire Correspondence to: John McGuire, History Department, 225 Netzer, Administration Building, State University of New York, Oenonta, NY 13820‐4015, USA. Tel: +1‐607‐436‐3326; Email: johnmcguireus@yahoo.com Correspondence to: John McGuire, History Department, 225 Netzer, Administration Building, State University of New York, Oenonta, NY 13820‐4015, USA. Tel: +1‐607‐436‐3326; Email: johnmcguireus@yahoo.com
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