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SEC. 14. That each and every person more than twenty years of age, belonging to any family residing in any enumeration district, and in case of the absence of the heads and other members of any such family, 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 director of every corporation from which answers to any of the schedules 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 jurisdiction, 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.
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 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, daughter, 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.
Schedule number three shall contain inquiries respecting the kind and amount of power employed in establishments of productive industry, and the kind and number of machines in use, together with the maximum capacity of such establishment, where the Superintendent of Census shall deem such inquiry appropriate; and the said Superintendent may, when he shall regard it expedient, prepare special blank forms for separate industries.
Schedule number four shall contain inquiries relating to the public indebtedness of cities, counties, incorporated villages, and towns, and school districts; and of the ownership of the public debt of the United States, by whom owned and the respect
ive amonnts; and such additional inquiries respecting the same, as well as respecting the public paupers and criminals, as the Superintendent of Census shall deem arcessary to secure full information respecting the numbers and condition of these classes.
Schedule number five shall contain inquiries as to the birthplace of the father and mother of each person reported as having died during the year, and as to the usual occupation of each such person.
The Superintendent of Census shall require and obtain from every railroad corporation, or the lessee or receiver thereof, the following facts, to exhibit the condition of such corporation, and the condition, characteristics, and operations of the railroad or railroads owned or controlled by such corporation, or the lessee or receiver thereof, on the first of June of the year eighteen hundred and eighty, to wit: The name of the corporation or company, with the corporate names of all leased lines; the number of miles projected or authorized by law or charter, with the several terminal points of the same; the number of miles completed, exhibiting separately the length of lines within each State; the number of miles operated during the last complete fiscal year preceding June first, eighteen hundred and eighty; the capital stock allowed by law or charter, and the amount paid up; the amount of funded and of unfunded debt, with period of funded debt, and rate of interest thereon, and the amount of all sinking funds provided for the redemption of such debts; the number of acres of land derived from public grants remaining unsold; the total cost of construction, of equipment, and of all permanent investiments, including the cost of purchase of other lines of road and of telegraph lines; the amount and character of rolling stock; the number and class of employés; the receipts of such corporation or company for the last complete fiscal year preceding June first, eighteen hundred and eighty, exhibiting separately the earnings from through-freight, from local freight, from passengers, from expresses, and from mails; the expenses of such corporation or company for said fiscal year, exhibiting separately the amount paid for salaries and wages, for fuel, for national, state, and municipal taxes, for interest on bonds and other debts, for dividends, for repairs, for damage to freight and personal
juries; also, the operations of said fiscal year, including mileage of freight, of passenger, and of construction and repair trains separately, the number of passengers carried, and the amount and class of freight transported each way; also, the number, character, and, so far as ascertained, the cause of all casualties by which life was lost, which occurred upon or within the trains, the tracks, or the buildings of said corporation or company during said fiscal year, and the extent of injury to life and limb resulting therefrom; also the terms of all agreements and contracts by which sleeping cars, palace, and parlor cars, so called, express cars, and cars of transportation companies, not identical with the corporation or company making the return herein required, are run upon such road or roads, and the extent of such service, and the amount of all receipts therefrom during the said fiscal year. The Superintendent of the Census shall require and obtain from the owners, proprietors, or managers of every incorporated express company, the following facts, to wit: Name of corporation or company; capital paid up; total capital stock, and to what extent the same has been watered, and how often corners have been made on such watered stock; length of lines in miles; whether the business is conducted by rail, vessel, or otherwise; total amount paid to railroads or vessels for use of line or lines; number of officers, number of persons engaged in general administration; number of agents and messengers; total receipts, total expenditures, exhibiting separately amount paid for salaries, for repairs, and for general expenses. He shall also in like manner require and obtain, from the owners, proprietors, or managers of every telegraph company, the following facts, to wit: Name of corporation or company; terminal points connected; capital and capital paid up; length of lines in miles; miles of wire; number of officers; number of persons engaged in general administration; number of persons engaged as telegraphoperators; the number of messages transmitted by officers of the United States; the number of messages transmitted for the press; the number of messages transmitted
for private parties; total number of messages transmitted; total receipts from messages; total expenditures of the company, exhibiting separately the amount expended for salaries, for repairs, and for general expenses. He shall, also, in like manner, require and obtain, from the officers or managers of all life-insurance companies, the following facts, to wit: Name of company; amount of capital and paid up capital: the number of persons employed in the general administration; the number employed as agents; the total gross assets of the company, exhibiting separately realized assets, deferred and unpaid premiums, and premium notes and loans; total liabilities of the company, exhibiting separately losses adjusted and unadjusted, losses resisted, scrip and other dividends, dividends to policy holders not applied, reinsurance fund; all other claims, including capital; receipts from cash premiums; receipts from all other sources; total cash expenditures, exhibiting separately amount paid for losses and claims, dividends to stockholders, dividends to policy holders, commissions, officers' salaries, medical examiners' fees, national, state and local taxation, and all other cash expenditures; amount and character of deposits in each state to secure policy holders; premium-note expenditures; the number and amount of policies issued during the year; also exhibiting policies terminating during the year, the number and amount terminated by death, by expiration, by surrender, by lapse, by change; total number and amount of policies in force, and the amount of the premiums; the amount of losses in cash and notes and the percentage of the loss to the total amount of policies in force; percentage of assets to risks in force. He shall in like manner, require and obtain, from every fire and marine insurance company, the following facts, to wit: Name of company; amount of capital stock; the amount paid up; the number of persons employed in general administration; the number employed as agents; the gross assets of company; the total liabilities, exhibiting separately the amount of losses adjusted, losses unadjusted, losses resisted, reinsurance fund; and all other liabilities, including capital; also the total receipts, exhibiting separately fire premiums, marine and inland premiums, and receipts from all other sources, including interest, dividends, and rents; also the total expenditures, exhibiting separately the number and amount of 'fire losses, of marine and inland losses, dividends, commissions, officers' salaries, state, 'national, and municipal taxes, and all other expenses. He may require such other information, as to the subjects of this section, as, in his judgment, may be necessary to secure such returns as will exhibit the transactions of said several companies.
SEC. 18. Each enumerator in his subdivision shall be charged with the collection of the facts and statistics required by each and all the several schedules, with the following exceptions, to wit: In cities where an official registration of deaths is maintained, the Superintendent of Census may, in his discretion, withdraw the mortality schedule from the several enumerators within such cities, and may obtain the statistics required by this act through official records, paying therefor such sum as may be found necessary, not exceeding the amount which is by this act anthorized to be paid to enumerators for a similar service, namely, two cents for each death thus returned. Whenever he shall deem it expedient, the Superintendent of Census may withdraw the schedules for manufacturing and social statistics from the enumerators of the several subdivisions, and may charge the collection of these statistics upon experts and special agents, to be employed without respect to locality. And said Superintendent may employ experts and special agents to investigate in their economic relations the manufacturing, railroad, fishing, mining, and other industries of the country, and the statistics of telegraph, express, transportation, and insurance companies, as he may designate and require. And the Superintendent of Census shall, with the approval of the Secretary of the Interior, prepare schedules containing such interrogatories as shall, in his judgment, be best adapted to elicit this information, with such specifications, divisions, and particulars under each head as he shall deem necessary to that end. Such experts and special agents shall take the same oath as the enumerators of the several subdivisions, and shall have equal authority with such enumerators in respect to the subjects committed to them, and they shall receive compensation at rates to be fixed by the Superintendent of Census, with the approval of the Secretary
of the Interior: Provided, That the same shall in no case exceed six dollars per day and actual traveling expenses.
SEC. 19. The enumeration required by this act shall commence on the first Monday of June, and be taken as of that date, and each enumerator shall prosecute the canvass of his subdivision from that date forward on each week-day without intermission, except for sickness or other urgent cause; and any unnecessary cessation of his work shall be sufficient ground for his removal and the appointment of another person in his place; and any person so appointed shall take the oath required of enumerators, and shall receive compensation at the same rates. And it shall be the duty of each enumerator to complete the enumeration of his district, and to prepare the returns hereinbefore required to be made, and to forward the same to the supervisor of his district on or before the first day of July, eighteen hundred and eighty, and in any city having over ten thousand inhabitants under the census of eighteen hundred and seventy, the enumeration of population shall be taken within two weeks from the first Monday of June; and any delay beyond the dates above respectively, on the part of any enumerator, shall be sufficient cause for withholding the compensation to which he would be entitled by compliance with the provisions of this act, until proof satisfactory to the Superintendent of Census shall be furnished that such delay was by reason of causes beyond the control of such enumerator.
SEC. 20. The sum of three millions of dollars is hereby fixed and limited as the maximum cost of the census herein provided for, exclusive of printing and engraving, and it shall not be lawful for the Secretary of the Interior or the Superintendent of Census to incur any expense or obligation whatever, in respect to said census, in excess of that sum. And the sum of two hundred and fifty thousand dollars for printing and other preliminary expenses is hereby appropriated out of any money in the Treasary not otherwise appropriated, which sum shall form part of the three millions fixed as the cost of the census.
SEC. 21. The Secretary of the Interior is hereby authorized, whenever he may think proper, to call upon any other department or officer of the government for information pertinent to the enumeration herein required.
SEC. 22. That if any, state or territory, through its duly appointed officers or agents, shall, during the two months beginning on the first Monday of June of the year which is the mean between the decennial censuses of the United States is by this act directed to be taken, take and complete a census in all respects according to the schedules and forms of enumeration in the census of the United States and shall deposit with the Secretary of the Interior, on or before the first of September following, a full and authentic copy of all schedules returned and reports made by the officers and agents charged with such enumeration, then the Secretary of the Treasury shall, upon receiving a certificate from the Secretary of the Interior, that such schedules and reports have been duly deposited, pay, on the requisition of the governor of such state or territory, out of any funds in the Treasury not otherwise appropriated, a sum equal to fifty per centum of the amount which was paid to all supervisors and actual enumerators within such state or territory at the United States census next preceding, increased by one-half the percentage of gain in population in such state or territory between the two United States censuses next preceding: Provided, That the blank schedules used for the purposes of the enumeration herein provided for shall be similar, in all respects of form and size of heading and ruling, to those used in the census of the United States.
SEC. 23. The Superintendent of Census, with the consent of the President, may, at any time, remove any supervisor of census, and fill any vacancy thereby caused or otherwise occurring; and the supervisor of census may, with the consent of the Superintendent of Census, remove any enumerator in his district, and fill the vacancy thereby caused or otherwise occurring; and in such cases but one compensation shall be allowed for the entire service, to be apportioned among the persons performing the same in the discretion of the Superintendent of Census.
SEC. 24. All laws and parts of laws inconsistent with the provisions of this act are
hereby repealed; and all censuses subsequent to the Tenth Census shall be taken in accordance with the provisions of this act unless Congress shall hereafter otherwise provide.
Approved March 3, 1879.
AN ACT to amend an act entitled "An act to provide for taking the Tenth and subsequent censuses", approved March third, eighteen hundred and seventy-nine. [PUBLIC-No. 39.]
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all mail matter of whatever class, relative to the census, and addressed to the Census Office, to the Superintendent, his chief clerk, supervisors, or enumerators, and indorsed, "Official business, Department of the Interior, Census Office," shall be transported free of postage; and if any person shall make use of any such indorsement to avoid the payment of postage on his private letter, package, or other matter in the mail, the person so offending shall be deemed guilty of a misdemeanor, and subject to a fine of three hundred dollars, to be prosecuted in any court of competent jurisdiction.
SEC. 2. That the seventeenth section of an act entitled "An act to provide for the taking of the Tenth and subsequent censuses" be amended by striking out so much thereof as provides that schedule one contain an inquiry as to the naturalization of foreign-born persons, and that schedule four contain an inquiry relating to the ownership of the public debt of the United States, by whom owned, and the respective amounts: Provided, That the Superintendent of the Census shall collect and collate, as far as possible, by experts and agents and from officers of the government, information in relation to the ownership of the public debt of the United States.
SEC. 3. That section seventeen of the act aforesaid be so amended as to allow the report which the Superintendent of the Census is required to obtain from railroad corporations, incorporated express companies, telegraph companies, and insurance companies to be made for the fiscal year of the incorporation or company having its termination nearest to the first of June, eighteen hundred and eighty.
SEC. 4. That section nineteen of the aforesaid act shall be amended so as to require the enumeration to commence upon the first day of June, eighteen hundred and eighty, and further so as to require that the enumeration of population in cities having over ten thousand inhabitants shall be taken within two weeks from the first day of June, eighteen hundred and eighty.
SEC. 5. That section five of the act aforesaid shall be amended so as to allow that in case it shall occur in any enumeration district that no person qualified to perform and willing to undertake the duties of enumerator resides in that district, the supervisor may appoint any fit person, resident in the county, to be the enumerator of that district.
SEC. 6. That section nine of the act aforesaid be, and the same hereby is, so amended as to require each enumerator, immediately after completing the enumeration of the population of his district, and before forwarding the same to the supervisor, to make and file in the office of the clerk of the county court, or in the office of the court or board administering the affairs of the county to which his district belongs, a list of the names, with age, sex, and color, of all persons enumerated by him, which he shall certify to be true, and for which he shall be paid at the rate of ten cents for each one hundred names. He shall give notice by written advertisement, at three or more public places in his district, that he will be at the court-house of said county on the fifth day after filing said list, not including Sunday, from nine o'clock ante-meridian to six o'clock post-meridian, and the following day, for the purpose of correcting his enumeration by striking out or adding the designation of persons improperly enumerated or omitted; and on the days so designated he shall, in accordance with said notice, proceed to correct, on such reliable information as he may obtain, all omissions