SEC. 2. It shall be the duty of the President to appoint an additional associate justice of said supreme court, in manner now provided by law, who shall hold his office for the term of four years and until his successor is appointed and qualified. R. S., § 1864. R. S., SEC. 3. The said Territory shall be divided into four judicial districts, and a district court shall be held in each district by one of the justices tricts in. of the supreme court, at such time and place as may be prescribed by 1873. law; each judge, after assignment, shall reside in the district to which he is assigned. 1865, Fourth district; SEC. 4. Until changed by the legislative assembly of said Territory, the fourth district of said Territory shall consist of the following coun. what to include. ties, to wit: Clay, Union, Lincoln, Minnehaha, Moody, Brookings, Duel, Grant, Codington, Lake, Wood, Hamlin, Clark, Greeley, Stone, Turner, and McCook, and the Sisseton and Wahpeton Indian reservation. And the second district shall consist of the remainder of the Territory which now constitutes said second district, as defined by the statutes of said Territory. SEC. 5. Temporarily, and until otherwise provided by law, the addi- The additional tional associate justice to be appointed under this act is hereby assigned fourth district temjudge assigned to to said fourth district, and the times and places as now fixed by the porarily. statutes of said Territory for holding court therein shall remain until changed by law. Jurisdiction of trict. SEC. 6. The district court of said fourth judicial district shall have no jurisdiction to try, hear, or determine any matter or cause wherein the court in fourth disUnited States is a party, and no United States grand or petit jury shall be summoned in said court; But said fourth district is hereby attached to and made a part of the second judicial district for the purpose of hearing and determining all matters and causes arising within said fourth district in which the United States is a party. [March 3, 1879.] CHAPTER 195. AN ACT TO PROVIDE FOR TAKING THE TENTH AND SUBSEQUENT CENSUSES. 10. Pay of enumerators. - forms for accounts of time occupied, &c. 11. Subdivisions not to exceed 4,000 inhabitants. - additional enumerators in certain cases. - boundaries of, to be described. 12. Punishment for neglect. 13. for receiving fee, reward, &c., for employment of enumerator or clerk. 14. Information by members of families and penalty for refusal, &c. -by officers of corporations. 15. Penalties; how recovered. 16. Papers and documents which may be mailed free of postage. -penalty for illegal use of privilege. 17. Schedules of Revised Statutes altered. Railroad corporations; facts concerning, to be obtained. Be it enacted, &c. SECTION Express companies. Telegraph companies. Fire and marine insurance companies. 18. Enumerators to collect facts. except as to mortality in certain cities hav- -and except as to manufacturing and social Experts; their employment, oath, duties, pay, Schedules of interrogatories to be prepared. 19. Enumeration to commence first Monday in - when to be completed. 20. Maximum cost limited. 21. Information may be obtained from other de- 22. States taking census between national cen- 23. Supervisors and enumerators may be removed 24. Subsequent censuses to be taken according to [SECTION 1], That a census of the population, wealth, and industry of the United States shall be taken on or for the date, June first, eighteen hundred and eighty. ch. 57. 1881, March 3, ch. 132, § 4. NOTE. (1) This act seems to supersede and repeal all the provisions of the Revised Statutes on the subject in §§ 2175-2205, retaining, by § 17 of this act, the schedules set forth in R. S., § 2206. It is so understood by the Superintendent of the Census. March 3, 1879. 20 Stat. L., 473. Census to be taken June, 1880. R. S., § 2175. 1880, April 20, Const., art. 1, § 2. Census Office in SEC. 2. That there shall be established in the Department of the In Interior Depart- terior an office to be denominated the Census Office, the chief officer of ment. Superintendent, chief clerk, employés, &c. Supervisors. which shall be called the Superintendent of the Census, whose duty it shall be, under the direction of the head of the department, to superin. tend and direct the taking of the Tenth Census of the United States, in accordance with the laws relating thereto, and to perform such other duties as may be required of him by law. SEC. 3. The Superintendent of Census shall be appointed by the President, by and with the advice and consent of the Senate; and he shall receive an annual salary of five thousand dollars; And the Secretary of the Interior may appoint a chief clerk of the Census Office, six clerks of class four, ten clerks of class three, fifteen clerks of class two, with such number of clerks of class one, and of copyists and computers at salaries of not less than seven hundred dollars or more than one thousand dollars, as may be found necessary for the proper and prompt compilation and publication of the results of the enumeration of the census herein provided to be taken. And upon such compilation and publication of said census, said office of Superintendent shall cease, and the period of service of said clerks shall end. SEC. 4. The Secretary of the Interior shall, on or before the first day of March, eighteen hundred and eighty, designate the number, whether one or more, of supervisors of census, to be appointed within each State or Territory, who shall be residents of the State or Territory. The supervisors shall be appointed by the President of the United States, by and with the advice and consent of the Senate. The total number of such supervisors shall not exceed one hundred and fifty. Oath of office by The Superintendent and the supervisors shall, before entering upon Superintendent the duties of their offices, repectively, take and subscribe the following and supervisors. oath or affirmation : Supervisors' du ties. - as to apportionment of districts. to employ enu merators. I, (Superintendent or supervisor, as the case may be), do solemnly swear or affirm that I will support the Constitution of the United States, and perform and discharge the duties of the office of (Superintendent or supervisor, as the case may be), according to law, honestly and correctly, to the best of my ability; which oath shall be filed in the office of the Secretary of the Interior. SEC. 5. Each supervisor of census shall be charged with the performance, within his own district, of the following duties: To propose to the Superintendent of Census the apportionment of his district into subdivisions most convenient for the purpose of enumeration; To designate to the Superintendent of Census suitable persons, and, with the consent of said Superintendent, to employ such persons as 1880, April 20, enumerators within his district, one for each subdivision, and resident ch. 57, § 5. therein, who shall be selected solely with reference to their fitness, and without reference to their political or party affiliations, according to the apportionment approved by the Superintendent of Census; -to transmit forms, &c. - to instruct enumerators. To transmit to enumerators the printed forms and schedules issued from the Census Office, in quantities suited to the requirements of each subdivision; To communicate to enumerators the necessary instructions and directions relating to their duties, and to the methods of conducting the census, and to advise with and counsel enumerators in person and by letter, as freely and fully as may be required to secure the purposes of this act; and under the direction of the Superintendent of Census, and to facilitate the taking of the census with as little delay as possible, he may cause to be distributed by the enumerators, prior to the taking of the enumeration, schedules to be filled up by householders and others; to provide for To provide for the early and safe transmission to his office of the transmission of re- returns of enumerators, embracing all the schedules filled by them in the course of enumeration, and for the due receipt and custody of such returns pending their transmission to the Census Office; turns. To examine and scruitnize the returns of enumerators, in order to Supervisors to ascertain whether the work has been performed in all respects in com- examine, &c., ropliance with the provisions of law, and whether any town or village or integral portion of the district has been omitted from enumeration; turns. To forward to the Superintendent of Census the completed returns of to forward comhis district in such time and manner as shall be prescribed by the said pleted returns. Superintendent, and in the event of discrepancies or deficiencies appear ing in the returns from his district, to use all diligence in causing the same to be corrected or supplied; To make up and forward to the Superintendent of Census the accounts to make up acrequired for ascertaining the amount of compensation due under the counts, &c., of compensation. provisions of this act to each enumerator of his district. -pay of. SEC. 6. Each supervisor of census shall, upon the completion of his duties to the satisfaction of the Secretary of the Interior, receive the sum of five hundred dollars in full compensation for all services rendered and expenses incurred by him, except an allowance for clerk hire may be made, at the discretion of the Superintendent of Census. Enumerator's SEC. 7. No enumerator shall be deemed qualified to enter upon his duties until he has received from the supervisor of census of the dis- qualification, &c. trict to which he belongs a commission, under his hand, authorizing him to perform the duties of an enumerator, and setting forth the boundaries of the subdivision within which such duties are to be performed by him. He shall, moreover, take and subscribe the following oath or affirmation: "I, an enumerator for taking the census of the United States, do solemnly swear (or affirm) that I will make a true and exact enumeration of all the inhabitants within the subdivision assigned to me, and will also faithfully collect all other statistics therein, as provided for in the act for taking the census, and in conformity with all lawful instructions which I may receive, and will make due and correct returns thereof as required by said act, and will not disclose any information contained in the schedules, lists, or statements obtained by me to any person or persons, except to my superior officers. (Signed) Which said oath or affirmation may be administered by any judge of a court of record, or any justice of the peace empowered to administer oaths; and a copy thereof, duly authenticated, shall be forwarded to the supervisor of census before the date fixed herein for the commencement of the enumeration. oath of. 1880, April 20, ch. 57, § 6. SEC. 8. It shall be the duty of each enumerator, after being qualified duties of. in the manner aforesaid, 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 such family, or of the member thereof deemed most credible and worthy of trust, or of such individual living out of a family, to obtain each and every item of information and all the particulars required by this act, as of date June first, eighteen hundred and eighty. 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 made in compliance with the requirements of this act, then it shall be lawful for the enumerator 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: Indians not taxed Provided, That Indians not taxed shall be omitted from the enumeration; but the Superintendent of Census may employ special agents or to be omitted, but other means to make an enumeration of all Indians not taxed, within may be otherwise the jurisdiction of the United States, with such information as to their condition as may be obtainable. SEC. 9. And it shall be further the duty of each enumerator to forward the original schedules, duly certified, to the supervisor of census of his district, as his returns under the provisions of this act. cnumerated. Original schedules to be forward ed to supervisors. 1880, April 20, ch. 57, § 6. Pay of enumerators in certain subdivisions fixed. 1880, April 20, ch. 57, § 6. -subdivisions for, SEC. 10. The compensation of enumerators shall be ascertained and fixed as follows: In subdivisions where the Superintendent of Census shall deem such an allowance sufficient, an allowance not exceeding two cents for each living inhabitant, two cents for each death reported, ten cents for each farm, and fifteen cents for each establishment of productive industry enumerated and returned, may be given in full compensation for all services; and no claim for mileage or traveling expenses shall be allowed in such subdivisions: Provided, That the subdivisions to which the above rate of compensato be designated tion shall apply must be designated by the Superintendent of Census at by Superintendent least one month in advance of the enumeration; and no account of the in advance. time occupied in the enumeration shall be required for the purpose of ascertaining and determining the compensation of enumerators in such subdivisions. -in other subdi in advance. For all other subdivisions, rates of compensation shall be fixed in advisions, to be fixed vance of the enumeration by the Superintendent of Census, with the by Superintendent approval of the Secretary of the Interior, according to the difficulty of enumeration, having reference to the nature of the region to be canvassed, and the density or sparseness of settlement, or other considerations pertinent thereto; but the compensation allowed to any enumerator in any district east of the one hundredth meridian shall not exceed an average of four dollars per day of ten hours actual field-work each; and the compensation allowed to any enumerator in any district west of the one hundredth meridian shall not exceed six dollars per working day of equal length. -forms for ac And the Superintendent of Census may prescribe a uniform method counts of time oc- and suitable forms for keeping account of the time occupied in fieldcupied, &c. work, for the purpose of ascertaining the amounts due to enumerators, severally, under the provisions of this act. Subdivisions not SEC. 11. The subdivision assigned to any enumerator shall not exceed to exceed 4,000 in- four thousand inhabitants, according to the census of eighteen hundred and seventy: habitants. - additional enu certain cases. Provided, That in the Territories and in the States admitted into the merators for, in Union since eighteen hundred and seventy, the supervisors of census may appoint additional enumerators in cases where, in his judgment, the census cannot be properly taken in thirty days by reason of the increase of population or the physical features of the said district. -boundaries of, to The boundaries of all subdivisions shall be clearly described by civil divisions, rivers, roads, public surveys, or other easily distinguished lines. be described. Punishment for SEC. 12. That any supervisor or enumerator, who, having taken and neglect of duties, subscribed the oath required by this act, shall, without justifiable cause, false swearing, neglect or refuse to perform the duties enjoined on him by this act, or making false returns, &c. shall, without the authority of the Superintendent, communicate to any person not authorized to receive the same, any statistics of property or business included in his return, shall be deemed guilty of a misdemeanor, and upon conviction shall forfeit a sum not exceeding five hundred dollars; Or, if he shall willfully and knowingly swear or affirm falsely, he shall be deemed guilty of perjury, and, on conviction thereof, shall be imprisoned not exceeding three years or by fine not exceeding eight hundred dollars; or, if he shall willfully and knowingly make false certificates or fictitious returns, he shall be deemed guilty of a misdemeanor, and, upon conviction of either of the last named offenses, he shall forfeit and pay a sum not exceeding five thousand dollars and be imprisoned not exceeding two years. - for receiving fee, SEC. 13. That if any person shall receive or secure to himself any reward, &c., for fee, reward, or compensation as a consideration for the employment of employment of enumerator or any person as enumerator or clerk, or shall in any way receive or secure to himself any part of the compensation provided in this act for the services of any enumerator or clerk, he shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than clerk. five hundred dollars nor more than three thousand dollars, in the dis cretion of the court. SEC. 14. That each and every person more than twenty years of age, Information by belonging to any family residing in any enumeration district, and in members of fami case of the absence of the heads and other members of any such family, for refusal, &c. lies, and penalty then any agent of such family, shall be, and each of them hereby is, required, if thereto requested by the superintendent, supervisor, or enumerator to render a true account to the best of his or her knowledge, of every person belonging to such family, in the various particulars required by law, and whoever shall willfully fail or refuse shall be guilty of a misdemeanor, and upon conviction thereof shall forfeit and pay a sum not exceeding one hundred dollars. - And every president, treasurer, secretary, general agent, or managing by officers of director of every corporation from which answers to any of the sched- corporations. ules provided for by this act are herein required, who shall, if thereto requested by the superintendent, supervisor or enumerator, willfully neglect or refuse to give true and complete answers to any inquiries authorized by this act, such officer or agent shall forfeit and pay a sum not less than five hundred dollars, nor more than ten thousand dollars, to be recovered in an action of debt in any court of competent juris. diction, in the name and to the use of the United States, and in addition thereto shall be guilty of a misdemeanor, and on conviction thereof shall be imprisoned for a term not exceeding one year. Penalties; how SEC. 15. That all fines and penalties imposed by this act may be enforced by indictment or appropriate action at law in any court of recovered. competent jurisdiction where such offenses shall have been committed or forfeitures incurred. SEC. 16. That the Superintendent, his chief clerk, supervisors, and enumerators are hereby authorized to transmit through the post-office any paper or document relating to the census, by writing thereon "Official business-Census", and subscribing the same, with the addition to his name of his official title. But this privilege shall extend to nothing but documents and papers relating to the census, which shall pass free. And any superintendent, supervisor, enumerator, or clerk who shall use or exercise this privilege for any purpose other than the legitimate discharge of the duties of his office shall be deemed guilty of a misdemeanor, and upon conviction shall forfeit for each offense a sum not exceeding one hundred dollars. SEC. 17. The schedules of inquiries at the tenth census shall be the same as those contained in section number twenty-two hundred and six of the Revised Statutes of the United States, of eighteen hundred and seventy-eight, with the following exceptions, to wit: Schedule number one shall contain inquiries as to the relation of each person enumerated to the head of the family, whether wife, son, daugh. ter servant, boarder, or other; As to the civil conditions of each person enumerated, whether married, widowed, or single; As to the place of birth of the parents of each person enumerated; As to all foreign born, whether alien or naturalized persons; And as to the physical and mental health of each person enumerated whether active or disabled, maimed, crippled, bed-ridden, deaf, dumb, blind, insane, or idiotic, and whether employed or unemployed, and if unemployed during what portion of the year. From the same schedule the inquiries as to the value of real and personal estate owned shall be stricken out. To schedule number two, the Superintendent of the Census may, with the approval of the Secretary of the Interior, add inquiries relating to the acreage of the several crops reported; and, with a like approval, may drop from the schedule such of the minor crops as it may be deemed expedient to omit from the enumeration. Papers and documents which may be mailed free of penalty for illegal use of privilege. Schedules of Re vised Statutes al tered. R. S., § 2206. number one; relative to persons. 1880, April 20, ch. 57, § 2. number two; relative to agri culture. |