Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1905-10-30
THE LATEST MARES NEST.

We have had little or nothing 10 say,
hitherto, about the latest mares nest'
discovered by an attorney for the
Knockers combination. that is hghtns
the project which rs 10 supply this city
with an abundance OF pure water In
looking over the deed Of conveyance
from the Utah Light and Railway Com
pany TO the city, OF the properties given
by the company as q consideration for
the franchise extending the term Of its
life for about eight years, he lit upon O.
clause which has been magnhed and
miaepresented, and used as an excuse
for little more Of that food Of abuse
which the mouth-organ OF the nm.
American party has been pouring forth
for many weeks. 1t appears, too, that
some ordinarily sensible people have
been greatly disturbed by the furors
raised over this alleged startling dis
covery"
Now what is there to It all? That Is
what readers Of the "Nevs' wouh
doubtless Ike TO understand Well, II
IS simply this In the deed conveying
those properties to the city appears this
proviso:
Provided, however and this deed Is
given and conveyance made on the cN
press condition that the privileges au1
rights, restrictions ana limitations men-
toned I'm said ordinance, and each ANA
every one Of them, shall be- valid and
binding upon said city, and shall not be
impaired or I'm any way modified or
changed and IN case said ordinance, or
any part OF IL, Is for any reason held TO
be void or imperative, and the rights,
privileges franchises and authorities
mentioned therein are construed not TO
be given or for any reason are inoper-
Rtive and void, then this deed and grant
shall be void, and all rights, grants and
ways, including the powers above re-
ferred TO. and everything pertaining
thereto. and all easements connected or
intended 10 be- connected Herewith,
shall at once cease, determine and be
void, and the whole OF said property
shall revert 10 the railway company,
the same as though this deed had never
been made; and the said railway CONF
pany shall not Doe liable or responsible
or IN any way answerable for any eE-
pense or improvements that said city
has placed thereon
Ask any sound lawyer II this provi-
sion contains anything extraordinary,
unlawful or restrictive OF the rights OF
The city as a party TO the contract on
which this decd was predlcated. Ask
him further, whether II this proviso
had not been inserted IN the deed, and
the city should change the consldera-
lion FOR which the property was con-
yayod, the same legal effect would not
follow and the property revert 10 the
aonyeyor
Every deed Of conveyance is based
apon some consideration II it Is
money paid 10 the grantor the receipt
Of which he acknowledges, that is n
consideration that cannot be changed,
But If the consideration So IN the nature
~ q contract or agreement, and the
conditions thereof tall TO be carried out
by the grantee, would not the deed be-
some void and the property belong to
he EIqutor2 The franchise which is
he consideration on which the deed
conveying the Cottonwood property was
executed, is a contract between the city
ana the company. The provIso IN that
lccd simply expresses IN words that
which any competent court would up
hold II the contract was changed IN any
way by the grantee, that a.. the city.