The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-05-28
REFUSE TO ANSWER THEM!
TIE OUTRAGEOUS CENSUS QUESTIONS
PRONOUNCED ILLEGAL BY
EMINENT LAWYERS.


not be Compelled to Anawer-Tho Opin-
ions OF David Dudley Field, George II.
Curtis, Frederic II. Coudert, and Others.
Since the right Of tho Government has been
Questioned to ask impudent questions as to
private debts and disease while engaged in
the lawful pursuit Of making simple enumera-
ton OF the people Of the United States, the
question OF the consttutionality OF the Census
law, under which tho Census Bureau claims to
have authority to conduct this impairment
inauisitlon. has been raised, and yesterday re-
porters OF The BUN asked number OF we'll
known lawyers for their opinions on the sub
joct Among the Objectionable questions In the
list OF the census enumerator are these:
whether the citizen suffering from acute chronic
diseasoS with the namo disease and the length of
time the citizen has been affected.
whether In case tho citizen house or farm. his
homo farm is free from mortgage or encumbrancs.
An Affirmative reply to the mortgage ques-
ton. as Superintendent Porter has officially
announced in Census Bulletin No. 5. will bring
upon the citizen a further demaud. through
the mails. and still under threat of punishment
for refusal to answer, for Information as follows:
IfmortEaEed. the amount OF mortgage, the value of
the mortEaged property the rate of interest paid and
the causes and purposes OF the indebtedness
The points on which TIE Sun sought opin-
ions were the constitutional right Of the
Federal Government to punish citizen for
refusal or failure to answer these questions,
whether the census enumerators have. In vir-
tue OF their commission. the power to arrest
citizens in the event OF such o refusal, and
whether the citizen so arrested would have
ground OF action for false Imprisonment
against the individual srresting him.
GEORGE TICKNoR CURTIS.
Mr.. George Ticknor Curtis was found at his
home ia East Thirtieth street Taking up q
CODY Of the Constitution OF the United States.
Mr. Curtis said
Tho provision in the Constitution Is: Rep
resentatives and direct taxes shall be appor-
toned among the several States which may be
included in this Union according to their re-
spective numbers. which shall be determined
by adding TO the whole number Of free rer-
sons. including those bound to service for
term Of years. and excluding Indians not
taxed and three-ftths OF all other persons
The actual enumeration shall be made within
three years after the first meeting of the Con-
gross of the United States, and within every
subsequent term OF ten years. in such manner
as they shall by law direct.
Under this constitutional provision the
whole object OF taking census. as 1t Is called.
or an enumeration. is to ascertain the number
OF inhabitants In each State. The words in
such manner as they lConRressl shall by law
direct do not enlarge the scope Of this emu
meratIon. regard. therefore. all ques-
tions OF scrutiny into diseases with
which the persons enumerated have been
inflicted; whether they own houses or
farms; whether those houses or farms are
free from mortgage or encumbrance. and. II
mortgsRed, the amount Of the mortgage tho
value Of the mortgaRed property: the rate OF
interest borne by the debt. &C.. as inquiries al
together outside Of the Constitution. and be-
longing. II belonging to any Government to
the State Government exclusively.
1T follows az a necessary consequence. II
my view is correct. that tho census enumera-
tors. as officers Of the Government. have. by
virtue OF their commission as enumerators no
power to arrest citizens for refusing or failing
TO answer these questions. All that can be re-
Quired OF the citizens Is to make q true return
OF their numbers. and this is for the simple
purpose OF apportioning Representatives and
direct taxes among the several States.
Il am OF opinion that II a citizen were to be
arrested and prosecuted at the instance ofthe
Census Bureau for q refusal to answer tho
questions which / have said he cannot be re-
auired 10 answer. he would have ground OF ac-
ton for false Imprisonment against the officer
arresting him or procuring his arrest.
The truth OF the matter is as RpprehOnd
1t, that all inquiries into the condition. cir
cumstances. physical health. or other peculiar
tiles OF the situation OF individuals as MEM
beers Of society belong II to any Government.
to the Government OF the State. To the Gov
eminent OF the United States 1t belongs to as
certain how many inhabitants there are IN
each State In order to determine the right Of
represent alton in each State In the National
House OF Representatives"
Would you advise q citizen to answer these
questions when put to him?' asked the re-
porter.
individuals can answer the questions vol
unfairly or refuse to answer them, Just as thoy
please. When the census man comes 70 my
house l shall give him tho names, ages and
perhaps the places of birth OF the different
members of my family, but shall go no fur
Their This have no doubt, will be tho action
OF a majority of the citizens. don't believe.
either, that there will be single prosecution
in case of a refusal. Again it may be impor-
tant, or 1t may not, to know whether man has
the govt or not. but the Government hasn't got
the right to ask him"
WILLIAM r. HoENBLowER
William b. Hornblower, tho lawyer OF $50
Broadway. was most emphatic in his denun-
citation OF the law which authorizes tho emu
merator to ask citizens OF the United States the
diseases with which they are afflicted and Just
why their houses are mOrtgaged. II ut all.
1T is a well-known fact" said Mr.. Horn
blower. that tho jurisdiction of the Federal
Government is absolutely limited to the
powers which tho Constitution delegates to it
and beyond them it cannot go. 1t is perfectly
proper that the age color sex. and place Of
birth OF each citizen should DO recorded. but
any questions that 90 further than this
imperil tho Individual rights OF the citizen.
Tho questions which you show me smack of
the bureaucratic Governments of Russia and
France and 1t becomes u dangerous precedent
In this country. 1t is the opening wedge which
in time might possibly lay bare every mans
personal affairs. which he has an inallenable
right to screen from his fellow citizens.
Tho plan OF asking man about the chronic
and acute diseases with which no ID suffering
is very Ill advised one. and In any event will
not result In furnishing any statistics OF value.
They will DO 30 maniiestly imperfect that
they will DO worse than useless; In fact abso-
lutely misleading. 1t would be better to have
mono at all, ana the theorizing OF the statistl-
clans UPON the data furnished will be value