The Washington times., 1902-03-13
Efforts Now Being Made
to Include Entire
Force.
NEW MEASURE DRAFTED.
Directs Secretary of Interior to Place On
Rolls ALI Those Employed on March
6, When Bill Was Approved by Presi-
dent Roosevelt.

The effort to have all the clerks of the
Census Office placed under the protection
of the civil service regulations despite the
Interpretation put upon the permanent
census bill by the President, and to make
them eligible for transfer to any branch
of the classified service. began to take
tangible shape yesterday.
Representatives Heatwole and Hay. Of
the subcommittee on census, recently ap-
pointed to consider the resolutions which
were introduced in the House respecting
the intent of Congress in passing the bill.
| have drafted measure which is caIcu-
lated to accomplish the purpose. p
The measure provides for the enactment
| of section OF the original census bill as
it passed the House on January 30. relet-
| ing to the employment of clerks, and
| which was materially modified In confer
ence.
Objections Overruled.
At the same time 1t is SO drawn as to
| obviate the objection raised as to the con-
stitutionality of the original section. 1t
directs the Secretary of the Interior to
appoint and place on the rolls of the Gen.
sus Bureau all those clerks who were en-
ployed in the Census Ofice on March s,
the date upon which the bill was ap-
proved by the President. 1t further places
them under the rules and regulations of
the civil service. and makes them eligible
to transfer to any branch of the classified
service.
MP arIrn rf TrIf L.
member of the subcommittee dissented
from the action of Messrs. Heatwole and
Hay. The bill will be reported to the full
committee within day or two, and it is
probable that favorable action will be
taken upon it. The measure will then be
brought before the House.
Mr.. Sims Oem.. Tenn.), while the post
office appropriation bill was under consid-
GRAFTON yesterday, continued his remarks
upon what he termed the gross deception
which had misled the members of the
House in agreeing to the conference re-
port on the census bill. Chairman Hop
kins. he declared. had made the explicit
statement that no material change had
been made in the bill as it passed the
House.
Holds Action Illegal.
Instead OF there being no material
change. he declared it was entirely DIFF
ferent as to section 5. TIE conference
had no Fight to change the text OF bill,
1t was violation of the rules of the
House, and this the committee had done.
If 1t was done willfully 1t called for the
strongest censure on the part of the
House.
Mr.. Talbert wanted to know what the
House could now do, as the bill had been
approved by the President and was a law.
Mr.. Sims said in view of the absence of
Chairman Hopkins he did not want to say
what he proposed to do.
Pressed still further for an answer. Mr.
Sims said it was within the power of the
House to expel a member for such gross
deception.
Mr.. Loud wanted to know IL it was not
possible that Mr.. Hopkins had himself
been deceived.
Mr.. Sims thought that was possible and
so he would not attribute improper mo-
tives to Chairman Hopkins, but it was
nevertheless a fact that he had said the
bill was substantially the same as when
it passed the House, and thereby the
House was deceived.
MIR Loud said it took the Attorney Cen
erai two or three days to interpret the
meaning of section of the measure.
Defends Conference Report.
Mr.. Crumpacker (Rep., Ind.) defended
the conference committee. He said they
had discovered what they believed to be
the unconstitutionality of section of
the bill. and that the change in IL had
been made to make 1t constitutional.
Mr. Sims said he could not see where
there could be any question Of constitu-
tionality in the section at all. as it simply
provided for placing certain number of
clerks under the classified service and
making them eligible for transfer.
Mr.. Crumpacker said the question had
arisen as to the legality of the appoint
ments made by the Director of the Census,
as under the Constitution the power OF
appointment lay only with the President
the Supreme Court, and the heads OF de-
partments.
In. order to surmount this condition the
conferees had provided that the Secretary
OF the Interior should reappoint the
clerks. He asserted it as his opinion that
the conferees had believed that in doing
so he would reappoint all the clerks. They
could not tell what Interpretation would
be placed upon the law by the President
and the Attorney General.
The conferees thought that perhaps
some question might sometime arise as 10
the legality of the Directors appoint
ments in auditing his accounts, and
therefore they made the change in the
section.
Mr.. Griffith, a member of the confer
ence committee made a statement sup
porting what Mr.. Crumpacker had said,
and declaring that the confereeS had no
intention of ieceiving the House. Mr..
Sims said he would accept that explana-
-