The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1921-11-29

have received many letters and
kilograms from members of respon-
sible organizations and people in
Nevada relative to highway legisla-
ton. The similarity of wording of
most of these communications indi-
Gates a common origin and lack Of
understanding of the many techni-
cal and complicated questions to be
considered by, those in Washington,
who must keep constantly in mind
what the representatives of other
states are willing to grant.
The situation in regard to this
highway legislation for months past
has been exceedingly delicate, in
volving many concessions on the
part of representatives Of both
Houses in the interest Of the COM
mon good. While these negotiations
were in progress, and until a COM
plete agreement had been reached
and reported to both Houses, moth
ing definite could properly be given
out by me, as a member of the con-
ference committee. This will ex-
plain my previous silence under the
criticisms which have been leveled
at me.
The Phipps-Townsend law just
passed carries general highway ap-
preparations Of 100000 and an
additional $4,000, 900 for roads in
the forest reserves. The Senate has
therefore won its contention for ap-
preparations, which the Phipps-
Dowell bill as passed by the House
failed to carry, and the need for
which was vital to the continuance
of our national road building pro-
gram.
It was the intention Of Senator
Phipps, who has rendered such con-
sistent, faithful and efficient ser
vice in securing much-needed as
sistance for our public land states
by means Of the graduated scale,
that his original bill when passed by
the Senate should be followed by
the Townsend bill. containing gen.
eral road legislation and appropria-
tions. The amending Of the Phipps
bill in the House by the substitution
of the Dowell bill, which was merely
an inadequate and loosely drawn
administrative measure carrying no
appropriations, prevented the pass
age Of the Townsend bill.
The new bill not only carries the
graduated scale provision Of the
Phipps-Dowell bill for the benefit of
the public land states, but, In addi-
ton, as an entirely new feature, the
so-called retroactive provision.
So much has been published, writ
ten and telegraphed me regarding
this retroactive provision of the new
law that its history should be
briefly related. In April, 1921, Mr..
Cottrell, our former state highway
engineer, wrote the bureau Of pub
lie roads asking whether or not the
provisions Of the Phipps bill, which
had been introduced in the Senate
but q few days previously, would be
construed to be retroactive, in the
event it became a law, and the ex-
tent and measure Of its application
in that respect.
The bureau referred Mr.. Cottrell's
inquiry to the solicitor for the de-
partment Of agriculture, Of which
the bureau is a part. The substance
Of the solicitors opinion, based on
decision of the comptroller Of the
treasury-not directly covering this
question but one Of somewhat
similar character-was to the effect
that the provisions of the bill would
be held by the government account
ing officers to be retroactive as to
all unexpended federal funds If the
bill became law. was later in
formed by the chief Of the bureau
on public roads, on September 3,
that the retroactive features Of the
Phipps-Dowell bill "are not explicit
! and would probably require ruling
| Of the comptroller" This was my
first intimation Of any attempt to
read q retroactive meaning into the
bill.
It is never safe to rely on solicit
tors opinions, for the reason that
they can be overruled by both the
comptroller-general and the attor-
ney-general Of the United States;
and, of course, 1t is always possible
to resort to our courts Of law to
decide any difference which may
arise between the states and the
United States.
Prior to my discovery Of the eff
fort Of Mr.. Cottrell to have the
nrincinIa NJ retroactivitv aDDlied To