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ENSUS OF UNEMPLOYMENT, OCCUPATIONS, AGRICULTURE, AND POPULATION

MONDAY, APRIL 30, 1934

Hous E of REPRESENTATIVEs,
CoMMITTEE ON THE CENSUs,
- Washington, D.C.

The committee met at 10 a.m., Hon. Ralph F. Lozier (chairman) presiding.

The CHAIRMAN. The committee will come to order. We will hear as the first witness, Mr. Malcolm Kerlin.

Will you state your name and occupation?

STATEMENT OF MALCOLM. KERLIN, ADMINISTRATIVE ASSISTANT TO THE SECRETARY OF COMMERCE

Mr. KERLIN. My name is Malcolm Kerlin; I am administrative assistant to the Secretary of Commerce.

The CHAIRMAN. Mr. Kerlin, we have before us three bills, H.R. 7765 and H.R. 8436, both introduced by Mr. Ellenbogen, and another bill, introduced by the chairman, H.R. 9391, to provide for a census of unemployment, employment, and occupations and a limited population census to be taken as of November 12, 1934, and for other purposes.

(The bills referred to are as follows:)

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A BILL To provide for a census of unemployment, employment, and occupations to be taken as of November 12, 1934, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That to provide information concerning the numbers, classes, and geographical distributions of unemployed persons and their dependents, and concerning employment and occupations, necessary to aid in the formulation of a program of unemployment relief, the Director of the Census shall take as of November 12, 1934, a census of unemployment, employment, and occupations in the forty-eight States and the District of Columbia: Provided, That such census may include such enumeration of population as the Director of the Census may deem appropriate and necessary for the purpose of this section.

SEc. 2. The provisions, including penalties, of the Act providing for the fifteenth and subsequent decennial censuses, approved June 18, 1929 (46 Stat. 21; U.S.C., Supp. VII, title 13, ch. 4), shall, so far as not inapplicable, apply to the taking of the census provided for in section 1 of this Act. In applying such provisions the period from the date of enactment of this Act until the completion of such census, and all reports and publications relating thereto, shall be deemed to be a decennial census period. Temporary personnel in the District of Columbia, employed to carry out the provisions of this Act, may be allowed leave of absence with pay at the rate of one and one fourth days per month.

SEC. 3. The census of agriculture and livestock, authorized to be taken as of January 1, 1935, by section 16 of the said Act of June 18, 1929, and appropriated

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for in the Department of Commerce Appropriation Act, 1935, shall be taken as of November 12, 1934, conjointly with, and covering the same geographical limits as the census provided for in section 1 of this Act. y SEC. 4. To meet the expenses of section 1 of this Act the President is authorized to make available not to exceed $7,540,000 from the fund appropriated by the Act entitled “An Act making an additional appropriation to carry out the purposes of the Federal Emergency Relief Act of 1933, for continuation of the Civil Works program, and for other purposes”, approved February 15, 1934. Amounts so made available shall remain available until expended. SEc. 5. The President is authorized, from the fund appropriated by such Act of February 15, 1934, to make available to the Secretary of Commerce not to exceed $368,465 for the printing of reports collected and now being compiled, on the census of American business, census record preservation, urban tax delinquency, and real property inventory. Amounts so made available shall remain available

until expended.

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A BILL to provide for a population, unemployment, and agricultural census to be taken as of November 12, 1934, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That a census of population, unemployment, and agriculture shall be taken by the Director of the Census as of November 12, 1934. SEC. 2. That the tabulation of total populations by States and the total number of unemployed by States shall be completed as early as possible, and shall be reported by the Director of the Census to the Secretary of Commerce and by him to the President of the United States. SEc. 3. That there may be employed in the Bureau of the Census, in addition to the force provided for by the appropriation Acts for the fiscal years 1933–1934 and 1934–1935, such technical and statistical advisers and such other temporary employees in the District of Columbia as may be necessary to do such preliminary and preparatory work as may be necessary for the efficient and speedy conduct of the census provided for in this Act, and to perform such work as may be required in the conduct of the census and in the tabulation, calculation, and publication of the results of the census; said employees shall be employed by the Director of the Census, without regard to the provisions of the Classification Act, for such period of time as may be necessary, at rates of compensation to be fixed by said Director of the Census: Provided, That census employees who may be transferred to any such temporary positions shall not lose their permanent civil-service status by reason of such transfer: Provided further, That hereafter in making appointments to clerical and other positions in the executive branch of the Government in the District of Columbia or elsewhere preference shall be given to honorably discharged soldiers, sailors, and marines, and widows of such, and to the wives of injured soldiers, sailors, and marines, who themselves are not qualified, but whose wives are qualified to hold such positions: Provided further, That all such temporary appointments shall be made without regard to the civil service laws: Provided further, That in making any appointments under this Act to positions in the District of Columbia or elsewhere, preference shall be given to persons discharged under honorable conditions from the military or naval forces of the United States who served in such forces during the time of war and were disabled in the line of duty, to their widows, and to their wives if the husband is not qualified to hold such positions. That special agents, supervisors, supervisors' clerks, enumerators, and interpreters may be appointed by the Director of the Census to carry out the provisions of this Act and of the Act to provide for a permanent Census Office, approved March 6, 1902, and Acts amendatory thereof or supplemental thereto, such appointments to be made without regard to the civil service laws or the Classification Act of 1923, as amended, except that such special agents shall be appointed in accordance with the civil service laws. The Director of the Census may delegate to the supervisors authority to appoint enumerators. The enlisted men and officers of the Army, Navy, and Marine Corps may be appointed and compensated for the enumeration of Army, Navy, Marine, and other military posts. Employees of the Department of Commerce and other departments and independent offices of the Government may, with the consent of the head of the respective department or office, be employed and compensated for field work in connection with the Fifteenth Decennial Census. The special agents, supervisors, super

visors' clerks, enumerators, and interpreters thus appointed shall receive compensation at rates to be fixed by the Director of the Census: Provided further, That permanent employees of the Census Office and special agents may be detailed, when necessary, to act as supervisors or enumerators, such permanent employees and special agents to have like authority with and perform the same duties as the supervisors or enumerators in respect to the subjects committed to them under this Act. SEC. 4. That the census herein provided for shall be restricted to inquiries , relating to population, to unemployment, and to agriculture. The number, form, and subdivision of the inquiries in the schedules used to take the census shall be determined by the Director of the Census, with the approval of the Secretary of Commerce. SEc. 5. That each supervisor shall perform such duties as may be imposed upon him by the Director of the Census in the enforcement of this Act, and the duties thus imposed shall be performed in any and all particulars in accordance with the orders and instructions of the Director of the Census; that each enumerator or other employee detailed to serve as enumerator shall be charged with the collection in his subdivision of the facts and statistics called for on the population and agricultural schedules, and such other schedules as the Director of the Census may determine shall be used by him in connection with the census. It shall be the duty of each enumerator to visit personally each dwelling house in his subdivision, and each family therein, and each individual living out of a family in any place of abode, and by inquiry made of the head of each family, or of the member thereof deemed most competent and trustworthy, or of such individual living out of a family, to obtain each and every item of information and all particulars required for the census; and in case no person shall be found at the usual place of abode of such family, or individual living out of a family, competent to answer the inquiries, then it shall be lawful for the census employee to obtain the required information as nearly as may be practicable from the family or families or person or persons living nearest to such place of abode who may be competent to answer such inquiries. SEC. 6. That the census of the population and of agriculture required by section 1 of this Act shall be taken as of the 12th day of November 1934, and it shall be the duty of each district to commence the enumeration of the district not later than the day following, unless the Director of the Census in his discretion shall change the date of commencement of the enumeration in said district by reason of climatic or other conditions which would materially interfere with the proper conduct of the work; but in any event it shall be the duty of each enumerator to prepare the returns hereinbefore required to be made and to forward the same to the supervisor of his district within thirty days from the commencement of the enumeration of his district: Provided, That in any city having two thousand five hundred inhabitants or more under the preceding census the enumeration of the population shall be completed within ten days if possible and in no case later than within two weeks from the commencement thereof. SEC. 7. That if any person shall receive or secure to himself any fee, reward, or compensation as a consideration for the appointment or employment of any person as supervisor, enumerator, or clerk, or other employee, or shall in any way receive or secure to himself any part of the compensation paid to any supervisor, enumerator, clerk, or other employee, he shall be deemed guilty of a felony, and upon conviction thereof shall be fined not more than $3,000 or be imprisoned not more than five years, or both. SEc. 8. That any supervisor, supervisor's clerk, enumerator, interpreter, special agent, or other employee who, having taken and subscribed the oath of office, shall, without justifiable cause, neglect or refuse to perform the duties enjoined on him by this Act shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding $500; or if he shall, without the authority of the Director of the Census, publish or communicate any information coming into his possession by reason of his employment under the provision of this Act, or the Act to provide for a permanent Census Office or Acts amendatory thereof or supplemental thereto, he shall be guilty of a felony and upon conviction thereof shall be fined not to exceed $1,000 or be imprisoned not to exceed two years, or both so fined and imprisoned in the discretion of the court; or if he shall willfully and knowingly swear or affirm falsely as to the truth of any statement required to be made or subscribed by him under oath by or under authority of this Act or of the Act to provide for a permanent Census Office or Acts amendatory thereof or supplemental thereto, he shall be deemed guilty of perjury, and upon conviction thereof shall be fined not exceeding $2,000 or imprisoned not exceeding five years, or both; or if he shall willfully and knowingly make a false certificate or a fictitious return he shall be guilty of a felony, and upon conviction of either of the last-named offenses he shall be fined not exceeding $2,000 or be imprisoned not exceeding five years, or both; or if any person who is or has been an enumerator shall knowingly or willfully furnish or cause to be furnished, directly or indirectly, to the Director of the Census or to any supervisor or other employee of the census any false statement or false information with reference to any inquiry for which he was authorized and required to collect information, he shall be guilty of a felony, and upon conviction thereof shall be fined not exceeding $2,000 or be imprisoned not exceeding five years, or both. SEC. 9. That it shall be the duty of all persons over eighteen years of age when requested by the Director of the Census, or by any supervisor, enumerator, or special agent, or other employee of the Census Office, acting under the instructions of the said director, to answer correctly, to the best of their knowiedge, all questions on the census schedules applying to themselves and to the families to which they belong or are related, and to the farm, or farms of which they or their families are the occupants; and any person over eighteen years of age who, under the conditions hereinbefore stated, shall refuse or willfully neglect to answer any of these questions, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding $100 or be imprisoned not exceeding sixty days, or both, and any such person who shall willfully give answers that are false shall be fined not exceeding $500 or be imprisoned not exceeding one year, or both. And it is hereby made unlawful for any individual, committee, or other organization of any kind whatsoever, to offer or render to any supervisor, supervisor's clerk, enumerator, interpreter, special agent, or other officer or employee of the Census Office engaged in making an enumeration of population, either directly or indirectly, any suggestion, advice, or assistance of any kind, with the intent or purpose of causing an inaccurate enumeration of population to be made, either as to the number of persons resident in any district or community, or in any other respect; and any individual, or any officer or member of any committee or other organization of any kind whatsoever, who directly or indirectly offers or renders any such suggestion, advice, information, or assistance, with such unlawful intent or purpose, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding $1,000, or be imprisoned for not exceeding one year, or both. And it shall be the duty of every owner, proprietor, manager, superintendent, or agent of a hotel, apartment house, boarding or lodging house, tenement, or other building, when requested by the Director of the Census, or by any supervisor, enumerator, special agent, or other employee of the Census Office, acting under the instructions of the said Director, to furnish the names of the occupants of said hotel, apartment house, boarding or lodging house, tenement, or other building, and to give thereto free ingress and egress therefrom to any duly accredited representative of the Census Office, so as to permit the collection of statistics for census purposes, including the proper and correct enumeration of all persons having their usual place of abode in said hotel, apartment house, boarding or lodging house, tenement, or other building; and any owner, proprietor, manager, superintendent, or agent of a hotel, apartment house, boarding or lodging house, tenement, or other building who shall refuse or willfully neglect to give such information or assistance under the conditions hereinbefore stated shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding $500. SEC. 10. That it shall be the duty of every owner, official, agent, person in charge, or assistant to the person in charge, of any company, business, institution, establishment, religious body, or organization of any nature whatsoever, to answer completely and correctly to the best of his knowledge all questions relating to his respective company, business, institution, establishment, religious body, or other organization, or to records or statistics in nis official custody, contained on any census schedule prepared by the Director of the Census under the authority of this Act, or of the Act to provide for a permanent Census Office, approved March 6, 1902, or of Acts amendatory thereof or supplemental thereto; and any person violating the provisions of this section by refusing or willfully neglecting to answer any of said questions, shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not exceeding $500, or imprisoned for a period not exceeding sixty days, or both so fined and imprisoned, and any person violating the provisions of this section by willfully giving answers that are false shall be o not exceeding $10,000 or imprisoned for a period not exceeding one year, or both.

SEC. 11. That the information furnished under the provisions of this Act shall be used only for the statistical purposes for which it is supplied. No publication shall be made by the Census Office whereby the data furnished by any particular establishment or individual can be identified, nor shall the Director of the Census permit anyone other than the sworn employees of the Census Office to examine the individual reports. SEC. 12. That all fines and penalties imposed by this Act may be enforced by indictment or information in any court of competent jurisdiction. SEC. 13. That the Director of the Census is hereby authorized to make requisition upon the Public Printer for such printing as may be necessary to carry out the provisions of this Act, to wit: Blanks, schedules, circulars, pamphlets, envelops, work sheets, and other items of miscellaneous printing; that he is further authorized to have printed by the Public Printer, in such editions as the director may deem necessary, preliminary and other census bulletins, and final reports of the results of the several investigations authorized by this Act or by the Act to establish a permanent Census Office and Acts amendatory thereof or supplemental thereto and to publish and distribute said bulletins and reports. SEC. 14. That all mail matter, of whatever class or weight, relating to the census and addressed to the Census Office, or to any official thereof, and endorsed “Official business, Census Office”, shall be transmitted free of postage, and by registered mail if necessary, and so marked: Provided, That if any person shall make use of such endorsement to avoid the payment of postage or registry fee on his or her private letter, package, or other matter in the mail, the person so offending shall be guilty of a misdemeanor and subject to a fine of $300, to be prosecuted in any court of competent jurisdiction. SEC. 15. That the Secretary of Commerce, whenever he may deem it advisable, on request of the Director of the Census, is hereby authorized to call upon any other department or office of the Government for information pertinent to the work herein provided for. SEc. 16. That the census of agriculture provided in section 1 of this Act shall be a census of agriculture and livestock, which shall show the acreage of farm land, the acreage of the principal crops, and the number and value of domestic animals on the farms and ranges of the country. The schedule employed in this census shall be prepared by the Director of the Census. Such census shall be taken as of the 12th day of November 1934, and shall relate to the crop year. The Director of the Census may appoint enumerators or special agents for the purpose of this census as provided in this Act. SEC. 17. That the Director of the Census be, and he is hereby, authorized at his discretion, upon the written request of the Governor of any State or Territory or of a court of record, to furnish such Governor or court of record with certified copies of so much of the population or agricultural returns as may be requested, upon the payment of the actual cost of making such copies and $1 additional for certification; and that the Director of the Census is further authorized, in his discretion, to furnish to individuals such data from the population schedules as may be desired for genealogical or other proper purposes, upon payment of the actual cost of searching the records and $1 for supplying a certificate; and that the Director of the Census is authorized to furnish transcripts of tables and other records and to prepare special statistical compilations for State or local officials, private concerns, or individuals upon the payment of the actual cost of such work: Provided, however, That in no case shall information furnished under the authority of this Act be used to the detriment of the person or persons to whom such information relates. All moneys hereafter received by the Bureau of the Census in payment for labor and materials used in furnishing transcripts of census records or special statistical compilations from such records shall be deposited to the credit of the Treasury of the United States. SEC. 18. That the Director of the Census may authorize the expenditure of necessary sums for the actual and necessary traveling expenses of the officers and employees of the Census Office, including an allowance in lieu of subsistence not exceeding $6 per day during their necessary absence from the Census Office, or, instead of such an allowance, their actual subsistence expenses, not to exceed $7 per day: Provided, That employees of the Bureau may be paid in lieu of all transportation expenses not to exceed 7 cents per mile for the use of their own automobiles or not to exceed 3 cents per mile for the use of their own motor cycles when used for necessary travel on official business. SEC. 19. For the purpose of carrying out the provisions of this Act there is authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, the sum of $

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