The Morning examiner. [volume] (Ogden, Utah) 1904-1910, 1909-03-07

made a more extended statement
Both the Administrations side, writ.
ten by Mr. -DeVino, and MI Agce's s
reply follow;
STATEMENT BY DEVINE
Members of the city council and the
mayor called up this paper late Satur-
Gay afternoon and informed tho editor
that Mr.. DeVinc had prepared an in
teryiew. y messenger was dispatched
and the interview obtained is as lol-
lows:
Il have read the article written
10y Mr.. Agee. concerning the pur-
chase of the Gill land by Ogden City
in connection with the purchase OF
the Ogden Watcrworks system, | am
asked Ii il is true. In so Tar as IT
goes it is true but ] might add that
Mr.. Agees knowledge of this matter
goes much farther than Is indicated
in his article, and. as | believe he
well knows. or AS YOU can see. should
be familiar with the entire uansac-
ton which when fully stated, Will bo
clear to all ] note that the article is
headed The Public Kept in the DarlY
Possibly ii would be well that the pub
lie should know all of Mr.. Agee's con-
nection with this particular deal,
Prior to the purchase of the Og-
den Waterworks system by Ogden
City, Mr.. Agee and Mr. Richards
were employed by the Ogden Water
works company as attorneys In suit
which is still pending in the United
States Federal court in Salt Lake CITY
against the Union Pacific Railroad
company. involving the title to GER
tain waters arising partially on the
lands mentioned by Mr.. Agee in his
article, Mr.. ASee. as an attorney in
the case. OF course was entirely ia
miliar, and Is yet, Of the exact con
dition OF status of the title 10 the
,uDd mentioned by me and IL not he
could have informed himself, as the
public may by going TO the records
concerning the purchase OF the water
works system by Ogden City which
are on file as public record in the Of
flee of the city recorder.
THE Ogden Waterworks company
never owned, as Mr.. Agee knows,
of section 35, township north, range
/ west, and it was the desire of Mr.
Agee and his co.counsel in carrying
on the litigation that the record title
should appear In the waterWorkS COM
pany and to that end he and his asso-
ciateS in that litigation took the op-
ton in the form of a warranty deed
and had the same recorded in the
name of the Ogden Waterworks com
pany from John ID. GIL and Elizabeth
Is. Gill to the lands mentioned by Mr..
Agee and, simultaneously with taking
the warranty deed. they had the Og
den Waterworks company execute
deed back TO the Gills and place the
same In escrow in the Ogden State
bank. the conditions of the escrow
agreement being that, If the water
works company so desired they might
pay the balance OF the purchase price
mentioned IN the original deed from
the Gills TO the water company and
take up and destroy the deed held by
the Ogden State bank In escrow
AT the time that the City OF Og-
den negotiated with the water COM
pany for the purchase of this system,
an agreement was prepared reciting
what land the Waterworks company
agreed TO convey TO Ogden City, to-
Gether with other property belonging
10 said company, and in said agree
ment they agreed 10 transfer to Ogden
City what right, interest and title they
had in and to the north half of sec
tion 35 township 8 north. range l
west, and as evidence of the fact that
the WaterworkS company had nothing
but an option in this land there WAS
attached to the agreement entered
into between Ogden City and the
Waterworlls company copies OF the pa
pers embodied in the escrow agree
ment held by the Ogden State bank.
When the final papers In this matter
were executed by the Waterworks
TO Ogden City it was deemed
expedient that the Waterworks com.
pany should transfer the record title,
as it appeared of record, to the city, !
and that the city should be substi-
tuted In the escrow agreement for the
Ogden Waterworks company, so that
the conditions prior TO the eXercis- |
Ing OF the option by Ogden City IN |
taking up the escrow agreement on
goth left Ogden City, so far |
as the right to the lands were con-
cerned, in precisely the Same condi- |
ton that the Ogden Waterworks COM |
pany were in they being predecessors /
In interest To Ogden City Mr.. Agee |
msstnteS the fact when he says that |
City Attorney DcNine stated at a !
of the Chamber of Commerce |
pending the bond election. that among |
the properties that the city would ac-
uuire In the deal for the waterworks
system. was tract OF land at the
mouth of Taylor's canyon, known as !
the Gill land. &. This Is not the |
fact and | should imagine thot Mr..
ACee was attorney enough TO know
that he should not rely upon hear
say when making a positive state
ment, for certainly he has it from no
other source. As 10 my certain knowl-
edge Mr. AGce was never present at
any meeting of the Chamber OF Com
merce or any other meeting which l
nay have addressed relative TO the I
purchase of the waterworks system.
As to your inquiry concerning Mr.
Agee's interest in this matter | might
say that this interest Is not OF