Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1900-02-19

PHRASE. INDIANS NOT TAXED. -
WILL GIVE THE ATTORNEY
GENERAL OF THE UNITED
( STATES SOME HOURS OF WORK
TO EXPLAIN.
Washington. Feb l9-Census taking
is net the political picnic that many
people imagine. Few appreciate the
magnitude Of the work; the eleventh
census cost more than S11 100000 and
in the twelfth census an office force
of more than 1000 for about two years
and a field force OF over so 900 for from
two weeks to a month, will be employ
ed. Then, too, the Hollerith tabulat-
ing machines, by which the population
Is counted and the returns tabulated,
make demonstrating a huge industrial
process The census Office becomes q
factory; the director OF the census a
captain of industry, who, II he Is to be
successful, must possess all the direc-
tive energy and the genius for organ
izaticn which characterizes our most
successful manufacturers and railroad
presidents
Among the troublesome problems
which have to be solved. by the census
office are the legal questions which
continually arise. The Indian census.
for instance, fairly bristles with legal
difficulties. In 1880 the census law
provided that special report" upon
the Indians should be made. A VOL
ume of ZOO odd pages was published,
profusely illustrated and touching
every point Of the Indian problem. For
once in history, Poor LO" was ac-
corded 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 providing for the twelfth
census makes no special provision fol
an Indian census; nor does it author
ize such report as was made ten years
ago. IL is at this point that the real
difficulties of the census office re-
garding the Indians begin.
The Indian population, then, cannot
be treated by itself and described in
: a separate report. IL also seems illogi-
, cal TO class the Indians among the
! ordinary population OF the United
J States. The Indian tribe is in many
; respects a distinct nationality, although
, since 1871, Congress has been doing
q It's best TO destroy all traces of tribal
! independence or self-government. More
[ over, the tribal Indians are net citizen.
? OF the United States. The reservations
y upon which they live are not legal,
= parts OF the state or territory which
8 surrounds them, and state and territor
e raj laws do not apply to the reserva
Z ton or TO the Indians upon il. Act
OF Congress do not apply to reserva
ton Indians, unless such application
Is explicitly authorized in the act.
Under such conditions it seems I'm
! possible for the census office TO clas
> Indians as a part of the ordinary in
: h1bitants OF the states and territories
=, On the ether hand IL IS equally i'm
!. possible to ignore them and omit then
y entirely. For the Constitution OF tn
u United States says that: "Represen
I. tatives shall be appordoned anon
= the several states according to thei
p respective numbers. counting the who'll
I number Of persons in each state ex
% GLIDING Indians not taxed"
This fastens upon the census offic
? q duty that seems plain enough. Blu
. as a matter Of fact, it would give tn
attorney general CT the United State
70 some hours OF work to explain exactl
what is meant by the apparently sim
pie phrase: Indians not taxed" TIL
uncertainty In the phrase is in tn
'e meaning CT the word taxed" Tn
e tribal Indian. like other inhabitant
e, CT the United States, is subject to tn
internal revenue duties and the val
ious stamp taxes now imposed by tn
United States. II he uses a bank checl
+; he must stamp T.; if he manufacture
l. box OF cigars, he must stamp It. ]
b he taxed" thereby?
b; Just what a tax" Is, in the meanin
o, OF the Constitution, has never bee
e, definitely decided, although the que:
Or ton has been before the Suprem
D. Court many times The famous incom
OF Tax cases hinged upon this very poin
re Ex-senator Edmunds and Joseph l
sd Choate, now ambassador to Englanl
is assisted by some Of the most eminer
". lawyers Of America. successfully al
IN gued that an income tax was a dire
d tax, within the meaning Of the Coz
v sdtution. Attorney General Olne,
n James c. Carter, and other promineI
~ lawyers, gravely argued that an II
q. come tax was not tax" but an e,
Is else or duty. At the first hearing ,
g. the case. the Supreme Cours was ever
~ " divided upon many Of the points
IN ISSUE. At the second hearing the d
Sc cision was rendered with four IL
er sonung justices against the five WI
tx concurred in the opinion OF the coui
nd that an income tax was direct tax.
n Whether or not a stamp duty is
he tax; whether Indians not taxed meai
indians not directly taxed, or wheth
IL may net mean Indians not ia
" may not mean Indians not ia
.er able, are questions that mu
an be decided by the census offi
he before II can form its plan for the l
- dian enumeration.
be The last question has been a suhje
h of debate ever since Indian census
no have been taken. In 1890 there we
about $4,000 civilized Indians livii
among the general population OF I