Evening star., 1940-03-17
Hopkins Tells 1obey
His Census Stand Is
Menace 10 SeIf-RuIe
Senator's Oath Of Office
Cited by Secretary in
Reply to Hitler Wire

Secretary of Commerce Hopkins
last night wrote to Senator Tobey,
Republican, Of New Hampshire that
his action In urging the people to
decline answers to the income ques-
tions in the 1910 population census
rs un-American and q menace to
the processes Of self-government."
The Secretary's letter was written
in answer to the Senator's telegram
to the White House Friday assail-
ing the income questions as reflec-
tive of tactics used by Hitler" Sen.
ator Tobey sent his telegram afte4
Stephen Early, White House secre-
tary, expressed surprise In the Pres
idents name that Senator would
advise against answering the census
questions. Senator Tobey offered
this advice in radio broadcast
March 9.
The 1929 Census Act, passed by
Republican Congress, signed by .
Republican President and contain.
ing the authority FOR the 1910 census,
makes 1t mandatory upon the Amer
lean people to answer all census
questions" Secretary Hopkins wrote
the Senator. He introduced his let.
ter by observing:
Il feel the only thing I can do Is
read the simple A, B, C's Of the
census law to you"
Cites Oath Of Ohice.
He ended by quoting the oath
which every Senator takes on as
suming ofhce:
Il do solemnly swear or affirm that
I will support apd defend the Con-
stitution of the United States against
all enemies, foreign and domestic:
that I will bear true faith and alle-
glance to the same, that I take this
obligation freely, without any mem
tai reservation or purpose of evasion,
and that I will well and faithfully
discharge the duties of the ONCE on
which am about to enter, so help
me Cod.
Secretary Hopkins pointed out
that the 1929 law authorizes census
inquiries relating to unemployment
and observed:
ANY reasonable person knows
that wage income is the best possi-
BILE measure of employment and uu.
employment"
Mr.. Hopkins point B was that If
Senator Tobey was justifying his
advice by the Senate Commerce
Committees action in approving q
resolution condemning (but not for
bidding) the income questions, he
should remember that the commit.
tee acted March IL and the Senator
made his radio speech March Q.
Opinions Held of No Bearing.
As point c. the secretary said:
"As Senator, you know that even
II the entire Senate had approved
the resolution adopted by its Com
merce Committee, which 1t had not
on the night you broadcast your in
tention to flout the law and still
has not to this day, it would be an
expression Of opinion by majority
Of Senators and could not be con-
structed by the Secretary Of Com
merce and the census director as
overriding the Census Act of 1929,
which was passed by both Houses
and signed by fk President.
"Such a voteby the Senate or 4
majority Of small committee
thereof could only be advisory to
the Secretary Of Commerce and the
Census Director. In no sense would
1t relieve any person from COM
pliance with the census law. This
could only be accomplished by an
amendment to the Census Act Of
1929"
Denies Violation of Rights.
To Senator Tobeys objections
that statutory authorization OF the
income questions would be an un-
constitutional violation of the Bill
of Rights safeguard against in
vasion Of personal privacy, Secretary
Hopkins remarked that the patriots
who gave us the Bill of Rights
wrote into the Constitution a pro-
vision for the first and all subse-
quent census and the same found
ing fathers made 1t mandatory upon
the American people to answer cen
sus inquiries"
'The spectacle Of a United States
Senator" Mr.. Hopkins wrote, call
ing for resistance to the authority Of
the Government, appealing for civil
disobedience, urging an informa-
tional sit-down strike against the
Government is un-American and .
menace to the processes Of SELF
government"