Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1900-02-23

ME that many people imagine. Few APP
preclate the magnitude Of the work; the
eleventh census cost more than 81, OOO,-
900, and In the twelfth census an Office
force Of more than 1900 for about two
years and field force Of over $1,000
for from two weeks to a month. will be
employed Then, too. the Hollerlth tab
ulating machines. by which the popu-
lation Is counted and the returns tabu-
lated, make demonstrating a huge in
dustrial process The census Office be-
comes factory; the director Of the
census captain OF industry, who. II he
Is TO be successful, must possess all the
directive energy and genius for organ
ization which characterize our most
successful manufacturers and railroad
presidents.
Among the troublesome problems
which have to be solved by the census
officer are the legal questions which
continually arise. The Indian census,
for instance, fairly bristles with legal
difficulties. In 1890 the census law pro-
vlded that special report upon the
Indians should be made. A volume OF
700 odd pages was published, profusely
illustrated and touching every point Of
the Indian problem. For once In his
tory Poor Lo" was accorded justice.
The volume was SO pretty that the edi-
tion was soon exhausted and now the
department Of the interior has not even
a copy for the census Office itself.
But the law providing for the twelfth
census makes no special provision for
an Indian census; nor does II authorize
such a special report as was made ten
years ago, 1t is at this point that the
real difficulties Of the census office re-
gardng the Indians begin.
The Indian population, then. can not
be treated by itself and described In a
separate report. Ii also seems illogical
10 class the Indians among the ordinary
population Of the United States. The
Ir Ian tribe is In many respects dis
tinct nationality, although since ISL
Congress has been doing It's best to des-
stroy all traces Of tribal Independence
or self government. Moreover, the tri-
bal Indians are not citizens OF the
United States. The reservation upon
which they live are not legally parts Of
the State or Territory which surrounds
them. and State and Territorial laws
do not apply TO the reservation or 10 the
Indians upon Il. Acts OF Congress do
not apply TO reservation Indians, unless
such application is explicitly author
tied I'm the act
Under such conditions II seems inn
possible for the census Office TO class In
dams as a part OF the ordinary inhabi-
tants Of the States and Territories On
the other hand Il is equally impossible
TO ignore them and omit them entirely,
for the Constitution OF the United
States says that: Representative
shall be apportioned among the several
States according 70 their respective
numbers, counting the whole number Of
persons In each State, excluding In
dams not taxed"
This fastens upon the census office a
duty that seems plain enough. But as
a matter Of fact, II would give the at.
torney general Of the United States
some hours Of work TO explain exactly
what Is meant by the apparently sim
pie phrase: Indians not taxed" The
uncertainty In the phrase is in the
meaning OF the word taxed" The til.
bal Indian, like other inhabitants Of the
United States, Is subject to the internal
revenue duties and the various stamp
taxes now imposed by the United
States. II he uses a bank check, he
must stamp IL: II he manufactures a
box Of cigars. he must stamp IT, Is he
taxed" thereby?
Just what tax" Is, in the meaning
Of the Constitution, has never been
definitely decided, although the ques-
ton has been before the Supreme Court
many times. The famous income tax
cases hinged upon this very point Ex-
Senator Edmunds and Joseph II.
ChOate, now ambassador to England,
assisted by some OF the most eminent
lawyers OF America, successfully argued
that an income tax was direct tax,
within the meaning Of the Constitution.
Attorney General olney, James c. Car
ter, and other prominent lawyers.
grayely argued that an income tax was
not a Tax" but an excise or duty. At
the first hearing OF the case, the Su-
preme Court was evenly divided upon
many 0. the points at Issue. At the
second hearing the decision was rem
dered with four dissenting justices
against the FIVE who concurred In the
opinion OF the court, that an income tax
was direct tax.
Whether or not a stamp duty Is a tax,
and II II is whether II IL a direct tax;
whether Indians not taxed" means In
dams not directly taxed, or whether Il
may not mean Indians not taxable. are
questions that must be decided by the
census office before II can form its plan
for he Indian enumeration.
The last question has been a subject
OF debate ever since Indian censuses
have been taken. In 1890 there was
about $4,000 civilized Indians living
among the general population OF the
United States. Such Indians are citl-
Gems OF the United States. but many Of
them are too Door 20 pay taxes. Are
they 10 b. excluded from the population
according TO which representation in
Congress Is apportioned? We count ey-
cry Chinese and other allen OF what
ever SOFT or condition. Before the war,
We counted every negro slave as equiv
alent TO three-hfths OF white man. II
seems msnilestly absurd to believe that
the frariers OF the Constitution meant
10 exclude class OF citizens who are
also natives. because Of their poverty.
In other words. the trainers OF the Con.