Evening star. [volume] (Washington, D.C.) 1854-1972, 1900-02-19
CENSUS DIFFICULTIES
Troublesome Problems Which Confront the
Director and His Assistants.
No Special Provision This Time for
an Enumeration of the
Indians.

that many people imagine. Few appre-
ciate the magnitude of the work; the
eleventh census cost more than $11, 900, 600
and In the twelfth census an office force
of more than 1900 for about two years and
a. field force of over 90 600 for from two
weeks to month will be employed. Then,
too, the Hollerith tabulating machines, by
which the population is counted and the
returns tabulated, make census taking a
huge industrial process. The census office
becomes factory: the director Of the
census captain of Industry, who, If he
is to be successful. must possess all the
directive energy and genius for organiza-
tlon which characterize our most success
ful manufacturers and railroad presidents
among the troublesome problems which
have to be solved by the census office are
the legal questions which continually arise.
me Indian census, Tor instance, fairly
oristles with legal difficulties. In 1880 the
census law provided that a special re-
port upon the Indians should be made A
volume OF 100 odd pages was published
proItseiy Illustrated and touching every
point or the Indian problem. For once in
history Poor Lo' was accorded Justice
Inc volume was SO pretty that the edition
was soon exhausted and now the Depart
ment of the Interior has not even COPY
Tor the census office itself.
No Special Provision for Indian Gem
But the law providing for the twelfth
census makes no special provision for an
Indian census, nor does it authorize such
special report as was made ten years
ago. 1t IS at this point that the real diff
culties of the census office regarding the
Indians begin
The Indian population, then cannot be
treated By itself and described in a separ-
ate report. 1t also seems illogical to class
the Indians among the ordinary popula-
ton of the United States. The Indian tribe
IS IN many respects distinct nationality
although since 1871 Congress has been do
ing its best to destroy all traces of tribal
independence or self-government. More
over, the tribal Indians are not citizens of
the United States The reservations 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 to the Indians
upon 1t. Acts of Congress do not apply
to reservation Indians. unless such applica-
ton is explicitly authorized in the act
Under such conditions 1t seems imposSi-
BILE for the census Office to class Indians as
part Of the ordinary inhabitants of the
states and territories. On the other hand
1t is equally 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 respec-
tive numbers, counting the whole number
OF persons in each state excluding Indians
not taxed"
This fastens upon the census office a
duty that seems plain enough. But as
matter of fact 1t would give the Attorney
General of the United States some hours
Of work to explain exactly what is meant |
by the apparently simple phrase: Indians |
not taxed The uncertainty in the phrase
Is in the meaning of the word taxed"
The tribal Indian, like other inhabitants of |
the United States, is subject to the inter-
nal revenue duties and the various stamp |
taxes now imposed BY the United States.
II he uses a bank check. he must stamp it,
II he manufactures box of cigars, he t,
must stamp 1t. Is he taxed thereby?
What ii Tax liz.
Just what tax" is, in the meaning of |
the Constitution, has never been definitely |
decided. although the question has been
before the Supreme Court many times. The |
famous income tax cases hinged upon this |
very point. Ex-senator Edmunds and Jo-
seph H. Choate, now ambassador to Eng
land. assisted by some of the most eminent |
lawyers of America, successfully argued
that an income tax was direct tax with
in the meaning of the Constitution. Attor-
ney General Olney, James C. Garter and
other prominent lawyers gravely argued
tnat an income tax was not tax but
an excise of duty. AT the first hearing Of
the case the Supreme Court was evenly d.
vided upon many Of 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 a direct
tax.
Whether or not a stamp duty is tax
and if 1t is, whether it Is direct tax
whether Indians not taxed means Indians
not directly taxed, or whether it may not
mean Indians not taxable are questions
that must be decided by the census office
before it can form its plan for the Indian
enumera ton.
The last question has been a subject Of
debate ever since Indian censuses have
been taken. In 1880 there were about 80 600
civilized Indians living among the general
population of the United States. Such In
dams are citizens of the United. States, but
many of them are too poor to pay taxes
Are they to be excluded from the popula-
ton according to which representation in
Congress Is apportioned? We count every
Chinese and other alien of whatever sort
or condition. Before the war we counted
every negro slave as equivalent to three
hfths of white man. 1t seems mani
testify absurd to believe that the trainers ,
of the Constitution meant to exclude
class of citizens who are also natives be-
cause OF their poverty. In other words
the trainers of the Constitution must have
said what they did not mean. What they
really meant was to exclude all Indians
belonging TO class not subject to taxa
ton.
All these points are subjected to the most
careful examination in the census office
and when decision to the legal obli-
CATION of the office has been reached, the
statisticians turn their attention to the eco
nomic and social aspects of the question in
hand. Experts are consulted; the import
ant lines of investigation are mapped out
and inquiries are so framed as to bring ont
the desired information in form in which
it can be handled with the Hollerith ma
chimes. AT the same time, these uues-
tons must be put in such a way that they
will neither be misunderstood, nor likely to
evoke antagonism or false replies No
pains spared TO interest the public I'm
the work and to secure general and hearty
cooperation. Without that the most care
full work at Washington or by the enumer-
ators must prove fruitless.