The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-28

NC" AoTR lawyers on the Census.
Our information from Washington Is tina
the llgnum-vitD heads Of some OF the mem
bers OF the House Committee on the Eleventh
Census are impervious to the fact that thu
Census Bureau has committed the Fedora
Government to an odious, ridiculous, and un
constitutional enterprise. Not even
quorum Of the members OF this committee
have got together to consider the McADoc
resolution Of inquiry, involving as 1t does q
question of the highest privilege with regard
TO the rights Of the American citizen.
On the first page Of The Sun this morning
we print the views of some OF the most dis
tnguished lawyers Of this town concerning
the outrage which the Census Bureau in
tends to perpetrate next Monday.
Possibly tho weight OF opinion there pre-
sented may mako an impression on the
Fifty-flrst Congress. II not, all right; 80
much the worse for the Congress which fails
to correct. at the demand of the people, the
stupendous legislative mistake OF which
prompt advantage has been taken by Mr..
PORTER, Dr. BILLINGS, and other persons
whose appetite for miscellaneous statistics
ts as keen as their notions OF constitutional
restriction are haZy.
1t makes no great difference to the people
individually whether the offensive questions
are Withdrawn or retained. The questions
will not he answered by self-respecting
citizens. The census officers will merely
make Federal authority ridiculous If they
undertake to arrest and prosecute any
citizen or the wife Of any citizen for refusing
to disclose matters Of private and family
concern which the Federal Government has
no business to inquire into.
Those readers of THE Sun who have al
ready determined to follow our advice as to
the proper way to treat the census enumer-
ators, will be strengthened in their purpose
by the assurance from such sound lawyers |
and patriotic citizens as DAVID DUDLEY |
FIELD, GEORGE TICKNoR CURTIS and Judge
WILLIAM G. CHoATB that those gentlemen
do not intend to answer the offensive ques-
lions.
81 am Of the opinion" says Mr.. CURTIS,
" that II q citizen were to be arrested and
prosecuted for refusal TO answer, he would
have ground Of action for false imprison-
ment against the officer arresting him or
the arrest" ut appears to me-"
Iays Mr.. WILLIAM B. HoRNBLowER, that
! ground Of action for false Imprisonment
or refusing to answer the specific questions
diseases and mortgages would
exist" IAN arrest for the refusal or failure
TO answer the questions Indicated" says
Mr.. DAVID DUDLEY FIELD, would be an
Illegal arrest, and the person so arrested
would Immediately be discharged upon a
writ OF habeas corpus. The person making |
he arrest would be liable to immediate
1t would not be necessary for
he act in question to be declared unconstl- (
utionaL"
But there will be no arrests. Tho talk of
he census people about resorting to harsh |
measures to extract the desired information
bout health and private debts has been the |
'urest SORT of humbug. They dare not use s
arsh measures against any citizen who be- {
aves himself decently when the census {
numerator calls, answers the proper ques- !
Ions pleasantly and satisfactorily, keeps his {
ps closed tightwhen Question 90 is reached, i
nd maintains his silence to the end Of the l
reposterous schedule.