Mower County transcript., 1908-09-09
HON. W. A. mol AN

who is a candidate against w. "a. No
Ian, makes what is evidently intended
as an attack upon NOlan's record MT.
Grimm intimates that Nolan, in bis le-
gislatiye service, has done but little
for the tax payer; that he did not sup.
port the gross earnings railway tax Dill;
that the Nolan reciprocal demurrage
law is "probably' unconstitutional and
that the law is being violated by the
railroad companies. Mr.. Nolan Is also
blamed because the recent road law
was declared invalid, and that the "dog
law" is an extravagant measure. The
statement is further made, that Mr..
Nolan deserves no credit for the favor
able action of the railway commission.
ers in reference to the Great Western
crossing at Elkton.
Now, as Mr.. Grimm's letter appeared
In a recent issue of the TRANSCRIPT,
we feel that, in fairness to MIR. Nolan,
and with the view of giving full lnfor
nation to the voters, the exact facts
should be made known.
The Journal of the House of Repre-
sentatives of the session of 1903, which
as the official legislative record, shows
on pages 725 and 726, that II. F. 422,
which was the gross earnings tax bill,
was put On It's final passage and read
the third time. Then appears the fol.
lowing entry:
"Mr. Gillette asked unanimous con-
sent to introduce the following amend
ment amend H. f. No. 422 in sec.
tion /, line s.. by omitting the words,
"Derivtd from the operation OF such
line Of railway within the state"
"Mr. Nolan objected, and so the
amendment was not considered, the
question being taken on the passage OF
the bill, the vote was as follows
Among the names recorded in favor OF
the bill, is that Of W. A. Nolan.
This is conclusive proof that Mr..
Nolan not only supported the gross
earnings bill, but that he personally
advocated it on the floor of the House,
and prevented any amendments that
might tend to nullify or weaken the
law.
MIR, Grimm refers to II. F. No. 291,
as though that were the gross earnings
bill. A reference to the House Jour-
nal shows that No 29l was an act to
amend Chapter I of the General Stat
utes of 1878, with reference to the col
lection of taxes, and had nothing to 40
with the gross earnings tax bill And
the Journal further shows, that ii. +.
No. 294 was never presented tor pas
sage, but that the bill was indefinitely
POSTPONED, on recommendation Of the
committee on judiciary. -
Next, with reference to recent road
law. which Nolan is accused OF having
supnorted: Reference to the House
Journal of the Session of 1907, on page
1926 shows that this bill, which was
H, +. No. l6, was brought on for final
passage, that there were only eight ne
gative votes cast, and that Nolan was
one of those voting against the meas
ur6.
Mr., Grimm's assertion that the NO.
Ian reciprocal demurrage law IS uncon'
stitutional and that it is not being en-
forced, is unfair and totally unWar-
ranted. This law is in fact very gener-
ally enforced and observed, in connec-
ton with all shipments IN the state.
The law has been violated in two In
stances that have come to our Know
ledge, and the matter has been tested
in court in two cases, in both of which
the law was sustained by the trial court
and the railroad companies convicted
and fined. That the reciprocal demur-
rage law has been opposed by the rail
roads, canuot be denied; that is OF
course always to be expected, when
laws of this kind are sought to be en-.
forced. That t he law is a good one,
that it IS favorable to the shipper az
against the railroad, and that the prime
1ple upon which the law is based is
equitable and sound, cannot be denied
Even if the lawlshould ultimately be
declared unconstitutional, which is by
no means likely, the principle on which
it is based will without doubt be vindi
Gated by future legislation that viii
correct any possible errors which the
law may contain in its present form
In short, Mr.. Nolan reputation as
legislator, may safely rest upon his re-
cord in connection with this law, ano
to attack him upon that ground viii
only serve to strengthen him with the
voters of his district and the people OF
the state. .
There is an intimation in Mr.
Grimms letter, that Mr. Nolan is still
q member of the board of directors Of
the Dan Patch Electric Railway. We
are advised from a recent letter direct
ly from the president of this railway
company, stating that Mr.. Nolan tend
cred his resignation as director, early
in July of this year, and 1t is 9 vel
known fact among MIR. Nolan's friends
that he has had no connection whatever
with this railway company or its busl
ness, since that time. The 6rigina
letter from the president of the com
pany himself, will be shown to anyone
taking the trouble to call for it..
Referring to the Great western cross
ing at Elkton, the village authorities
at that place can best tell what assist
ance Mr.. Nolan gave toward giving tn.
people safe and comfortable crossing
The condition at that point had beer
very dangerous for q good man!
months, and an application was made
to the railway commissioners to yhav,
safe and convenient crossing ordered
and at the time of the hearing befOr,
the commission at Elkton, the villag,
officials invited Mr.. Nolan to com,
down and represent them before tn
board. This MIR. Nolan did, and th,
action of the commission was favor