New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-29
PRACTICAL FACTORY LAWS.

Mr. ElkuS, counSel 10 Tue o'"'0
Factory Investigating Commission, Ill
his paper read before the American
rconomic Association at Boston, sug-
costs q method of making factory reg
ulation efficient and practical whlch
& worthy of careful consideration. lie
docs not present the idea as an 1nven-
,ion but points out that somewhat
similar plans have worked well IN WIS
copsIn and In several European coun-
tries.
The fundamental defect in the exist
inc Now York system, according to NIT.
Elkus Is that on the one hand we have
enacted laws so rigid and SPECIFIC IN
tbeir character that they cannot be
annlied to varying conditions In dill
ferent industries, while on the other
hand we have enacted laws so vague
as TO be useless unless supplemented
bv an exercise Of extreme discretion
on the part of administrative oihcers
which is subject to abuse and IS
frowned on by the courts MI ElKus
would reach a practicable mean be-
tween these two tendencies, which, he
believes, would at once give adaptaDll-
ity and vitality to factory regulation
He suggests that the Legislature
should mark out by statute merely the
general principles Of regulauon-a
factory constitution, so to speak-wlth-
ont specific details Then he would IN
trust TO a factory commission the duty
of prescribing specific rules to carry
out these principles, and TO single
executive officer the duty Of enforcing
tbe law and the rules made pursuant
to il. These rules, TO be modified only
after due notice and public hearing
could be kept abreast OF changing
methods of manufacture and could
make provision for exceptional condl-
tions i'm different industries either to
guard against special dangers or to
meet special practical difficulties or
manufacturing. The separation of the
rule making ana rule enforcing power
would. he believes, avoid abuses of In
dividual discretion and at the same
time give single-headed administrative
energy.
II may be objected that this involves
a delegation Of legislative authority
and puts an enormous power over man
ufacturing in the hands of a few men,
But we are familiar with building
codes and sanitary codes enacted by
subordinate bodies. The system pro-
posed also closely parallels the method
of administering the civil service Jaw.
It is there recognized that 1t is impos-
sible to make q statute which will ap-
ply In detail TO the varying conditions
of public service. SO the Legislature
passes a general law broadly outlining
the purpose to be achieved and the
methods of operation to be followed.
Then il vests in a commission the
, power to make specific rules in con-
formity with the general provisions OF
the statute which shall have the effect
of law. These rules are changed from
time TO time as may be required by
changing conditions in the whole ser
vice or In any department, and can al
ways be made practically applicable to
actual facts; yet they are not arbi-
trary. Some such method might make
factory inspection more practical and
result IN more effective protection of
workers. without hampering manufact-
urers with restrictions not fitted to
their conditions or productive Of any
good.