The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-06-01
Those Census Questions-A judicial
Opinion

| OpluiOHs
The absurd provisions in the Census act
requiring enumerators TO subject the people
to offensive inquiries as to their private and
personal affairs, their diseases, and their
debts. are properly characterized as extra
constitutional and void. But our readers
may not be aware that the excellent advice
wo have given them, namely to make no
answers to impertnent questions concern
ing their physical and mental infirmities,
poculiarities, and defects. or the special pur-
poses for which they may havo borrowed
money on mortgage, is supported by high
judicial authority; yet such ls the fact.
In an opinion OF the United States Circuit
Court for the Northern District OF California,
delivered by Justice FIELD OF the United
States Supreme Court on Aug. 30, 1887, in an
application by the Pacific Railway Commits
sion for an order upon witness to answer
certain Undergraduates, 1t was held that Con-
gress cannot "pry into the private affairs
or papers OF any one" nor give authority
to its agents to do this; and that it cannot
use the courts to compel answers to imper-
tinent questions propounded by such agents.
In his opinion Justice FIELD incidentally
discussed the limitation of the power Of
The Constitution provides for enumeration OF the
Inhabitants OF tho States at regular periods In order to
furnish basis for the apportonment of Representa-
tyes and in connection with the ascerainment OF tho
number OF inhabitants, the act Of Congress provides
for certain inquiries as to their age, BIRTH mar.
risEs, occupation and respecting some other matters
OF general INTEREST," and for refusal of to an.
them, small penalty is imposed There is no at.
tempt in such inquiries to pry into the private AFFAIRS
and Of any are tho courts called upon to
enforce Similar inquiries usually accompany
the taking Of OF every country, and are not
deemed to encroAch upon tho rights Of the citizen"
Judge FIELD held that Congress might go
still further. and, 10 addition to the inquiries
usually accompanying the taking OF the
census, might authorize commission to
obtain any kind OF information which, In Its
judgment, might be important:
It may inquire the of the productions of
the country of every kind natural and artificial and
seek information as to the habits business, and even
amusements Of the people,
But in its inquiries 1t is controlled by the same
guards against the invasion OF private rights which limit
the Investigations Of private parties into similar mat
ters"
Applying this rule, what progress would
census enumerators make in obtaining in
formation as to whether any members OF q
family had false teeth, wore wigs, suffered,
had secret maladies Of any sort. or how
money had been spent which had been bor-
rowed on mortgage? But let Us quote
further from Judge FIELD:
"of all the rights of tho citizen, few OF greater
Importance essential to his peace and bappi-
ness than the right OF personal security and that in
wolves not merely protection of his person from assault
but exemption OF his private cdtrS books and papers
from the inspection and scrutiny OF otherh Without
tho enjoyment of this right all other rights would lose
half their value.
1T Is the forcible Intrusion into and compulsory
posture of private affairs and papers without ju
iical procesA tho Of judicial proceedings
which 10 contrary the principles of free govern.
men and 10 ahhorrent 20 the instincts Of EnEshmen
and Americana
The Court then proceeded to discuss the
relative powers of the legislative and judicial
departments Of the Government:
1.-THE judicial power of the United States is therefore
rested In the and only be exercised BY them
n the cases and controversies enumerated and in pc
itons for writs of habeas corpus In other pro
ecdinRs can that power DO invoked and 1t 10 not
,eten for Congress require its exercise In other
way. Any providing for such exercise would DO q
invasion Of the rights reserved 10 tho States to
he people; and it would 10 the duty of the Court to
lsclAro 1t null and void"
In the light OF this exposition Of the law.
md OF the limitations upon the inquistorial
powers OF Congress and its agents, citizens
need not deliver up their family or financial
secrets on demand Of anybody. Silence will
% sufficient reply to all questions Of the
census enumeratOrs concerning them.