The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-02-19

INDIANS IN THE CENSUS.
One OF the interesting questions which
the Census Office is considering is how
to count the Indians, In 1890 the census
law provided that a Special report" up
on the Indians should be made. A vol
published, profusely illustrated and
touching every point of the Indian
problem. For once in history Poor 10"
was accorded justice. The volume was
so pretty that the edition was soon ex-
hausted and now the Department of the
Interior has not even a. copy for the
Census Office itself. But the law pro-
viding for the Twelfth census makes no
special provision for an Indian census,
nor does it authorize such q report as
was made ten years ago, 1t is at this
point that the real difficulties of the
Census office regarding the Indians be-
gin.
The Indian population cannot be
treated by itself and described in a eep-
arate report. 1t also seems Illogical to
class the Indians among the ordinary
population Of the United States. The
Indian tribe is in many respects dis
tinct nationality, although since 1871
congress has been doing it's best to de-,
etroy all traces of tribal independence
ior seM- government. Moreover, the tri-
bal Indians are not citizens of the Unit
ed States. The reservations upon which
state or territory which surrounds
them, and state and territorial laws do
| not apply to the reservation or to the
Indians upon 1t. Acts Of congress do
not apply to reservation Indians, unless
such application Is explicitly authorized
in the act. Under such conditions 1t
seems impossible for the Census office
to class Indians as part of the ordi-
nary inhabitants of the states and ter
ritories. On the other hand, it lis equal
ly impossible to ignore them and omit
them entirely. For the Constitution Of
the United States says that 'Represen-
tatives shall be apportioned among the
several States according to their re-
spective numbers, counting the whole |
number of persons in each State, ex-
Guiding Indians not taxed"
This fastens upon the Census office a
duty that seems plain enough. But as
a. matter of fact, it would give the At
torney- General of the United States
some hours of work to explain exactly
what Is meant by the apparently simple
phrase, indians not taxed" The un-
certainty in the phrase is in the mean
ing Of the word taxed The tribal
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. If he uses a bank check he
must stamp it,; If he manufactures a
box of cigars he must etamp 1t. Is he
taxed" thereby? just what a tag"
is, in the meaning of the Constitution,
has never been definitely decided, al
though the question has been before the
Supreme court many times. The ia
nous income tax cases hinged upon this
Joseph Fl. Choate, now Ambassador to
England, assisted by some Of the most
eminent lawyers of America, success
fully argued that an income tax was a
direct tax, within the meaning of the
Attorney General Olney.
James G. Garter and other prominent
lawyers gravely argued that an income
AK was not tax but an excise or
luty. At the first hearing of the case
he Supreme court was evenly divided {
Upon many Of the points at issue. At
he second hearing the decision was rem
Tered with four dissenting justices '
against the five who concurred In the
opinion of the court that an income tax q
vas direct tax.
Whether or not stamp duty Is tax, ,
Ind, If 1t Is, whether 1t Is a direct tax; 4
whether Indians not taxed means In
lians not directly taxed, or whether it b
nay not mean Indians not taxable, are
Luestions that must be decided by the
census office before II can form its plan g
or the Indian enumeration. q
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