Transmittal to Congress of Census Figures for Reapportionment.

To the Congress of the United States:

In compliance with the provisions of section 22 (a) of the act approved June 18, 1929, providing for the fifteenth and subsequent decennial censuses and for the apportionment of Representatives in Congress, as amended by the Act of April 25, 1940, I transmit herewith a statement prepared by the Director of the Census, Department of Commerce, giving the whole number of persons in each State as ascertained under the Sixteenth Decennial Census of Population, and the number of Representatives to which each State would be entitled under an apportionment of the existing number of Representatives by the method known as the method of major fractions, which was the method used in the last preceding apportionment, and also by the method known as the method of equal proportions.

The Director of the Census has included all Indians in the tabulation of total population since the Supreme Court has held that all Indians are now subject to Federal taxation (Superintendent v. Commissioner, 295 U.S. 418). The effect of this upon apportionment of Representatives, however, appears to be for determination by the Congress, as concluded in the Attorney General's opinion of November 28, 1940, to the Secretary of Commerce, a copy of which is annexed hereto.