The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-28
he must take the presumption that the law
FREDERIC r. CoupERT.


eminent Of limited powers" said Mr. Frederic
X. Coudert. when state makes an act per-
tanning to one OF its citizens the presumption
Is that II is q legal act, because 1t is that OF
sovereign State; but when the Federal Govern
ment undertakes an act with reference to in
dividual citizens then the burden Of proving
the right to perform that act lies with the Fed
| eral Government or its agents. Applying this
principle to tho present situation" continued
| Mr.. Coudert. " it will be conceded. oil course,
that the Federal Government has right to
take census. But then the question arises.
What is a census2 II the Government goes be-
yond the authority defined in the census act
and undertakes to extract from citizen in
formation not involved in It then it is acting
without authority. 1t is abusing its power"
Now a census" continued Mr.. Coudert, lis
n register of the number OF citizens In this
country. and 1t also may be statement OF
| property OF the citizens. SO 1t Is possible that
a citizen NAV BIO bound to state what property
he may have, and whether it Is mortgaged or
not SO have to distinguish between the
right Of tho Federal Government to inquire as
| to mortgages and on the other hand. as to his
health In my opinion the United States Gov
ernment will exceed its authority If 1t should
ask man to disclose either his own physical
condition or that OF his wife and children. 1t
would he a useless question The unscrupu-
lous citizen would lie II he felt like It, and the
answer would be worse than useless. The
! conscientious citizen would answer correctly
and lie Grieved at the question.
LAS to the question whether citizen may be
arrested Ii he should refuse to reply to such in
quiries as his having been an inmate OF
| lunatic asylum or Jail. my reply is that If the
| arrest should be made then his remedy would
| be to get out a writ OF habeas corpus. l think
the Judges in our courts would not have much
difficulty in disposing OF the matter.
Finally. as to the question whether citizen
arrested and prosecuted on authority after
ward held to be unconstitutional would have
ground of action for false imprisonment.
do not believe he would have any cause Of
action against the officials, because it would be
pleaded for the officials that they acted in good
faith at tho time OF the arrest"
BoURKE COCHRAN.
W. Bourke Cochran said: Whatever right
the census takers have must be specified in
the Constitution OF the United States. 1t is a
Government Of specified powers 1t has no
powers bv implication therefore. The powers
Of the census takers must be actually dele
gated to them. That seems clear. The census
is primarily an enumeration OF the citizens.
and such work as naturally grows out OF that.
and which does not interfere with tho liberty
of the citizen may be legally prosecuted. Now
the amount o! properly neIu pS cI'iZens inay
no :" iua''o' VI in"uI., 80 VI ~ -.
curry u""tNef' S"ouiu 10 tiies i,dutt'u in'o
before the right can be ascertained Of asking
e''i~ens aoout It, any po''tD. , oo'eVs VI ~
auirinG into the number OF MORTGAGES heio. IL
seems to me. may be attained by consulting
the records in tho different States Of the Union.
What else can the Government at Washington
want 10 kno" pe'ohu "h"' 10 III 'no "t' A'eH-
isters' Offices:
oH .nc puest'oh "neVne, oi.ien 0"iA 10
pun'sueu Iot tei"sins W .'~ 80, ~ 1870
question "he'ner no 10 SUFFERING ironi uieeaee'
'ose'nel WIN i's h"nio Anu na'u.e "nu oon.n
tuo 80 ,.,a ,bo,,Ia ~ 80 -
'aIuo' oNe 90, - Wv tuo1 1se 49,. 1850
.auso II I., -, Ia 49,.
e s 'vnIuie ~ s"' wv o..aiaas
.H.,.,, ,i"'e.,o."I =, &C. - tbi. nauntr
Ne .Wa,, non,s no, al IN tha o.nsus rat,-,s
ou 49, ~, ~. nnu ha,;nt,a o.,aataan
,,,ont W. ,ronId have rsocbsd an Arootion
nv ii.,o coriorsIv though boIiovo tha
I,1. 49,. - 80, 20 ,,oho -. -
Co.. ro,usiro N arsvar ouaetions rayardino
hol.L -. .iotnosa
..aa e. ,ba ouos+,or ,,ba.bor o,.,,o,
,..os+od Tor foilino to arowar oroo,,ons 70
aarding bia state NJ health " adJed Mr.
CooLran "would have ground NJ action Tor
CO.. imprisonment there ia to nv mind M
aboIou of n doubt hut that "a uonId hava
snnh n riobt
n,v,r MUMMY v,vrD
Dor,a Du1Ioy Fiold wa. seon ot b,o bo,,oo
% Grauorov port 'O'
Thauano meditation - said NJ Eio,d ..i.
oorinnthot tha Covarnmsnt bos M rIon. -
ahiicrn' oi,i.or N ansu,.r ,baso ou.o,inns ~.
$3.50 .,oro mr. nou.ar 20 ,oI. -
-, - ,ir,,,I, nnvar 10 .n,,nonrat. 49,
s0 L'4E, 10 siu,pI' " W ,C,t a .. .'io
~ ~ .i'. Coantit,,.irn NJ t "a, s4n.e
- aoo'' " va w.. wv ns o.tia'
''ion 40 .oi Wv .ioa, 49,. ,loA.ns
lop. .oe u."..o ,h. T,io ao"o.dimn vic
seroi". ., ..'.oo VI sH0 'A-0N " 'No'1
iesp ,'', u uu Nv, .,., ,.,.. o,. A..
.np ", .no $50 ~ 80 Ioh .no
Po"o' W ~ $500 tuo
$50 'A.a 49, ~ oo,,I
tnat 'n". po"oi 'ne'uuIa nv go ~, oh"t"
I ,i w "to"o. go. ,aa5 si,rt1
5000, y. "no =, .ha no,,o,,art