Show r DEViNE DENI N EXPLAINS AND AGEE ANSWERS THE TIlE EXPLANATION City Attorney Assails the Lawyer for Disclosing the Inner Workings Worl ings of the Gill Land Deal and Agee gee Comes Back with More Information and More Questions in n Regard to the 0 Paid Out Oat O t of the Waterworks Fund rund a Few ew Days Ago for the Acres at the Mouth of Taylor Canyon Agee e Wants to Know How Many More of These Same Escrows or Options or 4 Equities at 0 Per Equity Are Covered Up in the Secret Archives of the City The Tho loiter letter of A W Agee to this paper disclosing the records en on the GUI Gill land deal by which the city paid for land supposed to have been part of or the tho purchase of or the Og 01 Ogden den clen City waterworks has haq stirred up a hornets nest The disclosures are aro the i isole I sole 1010 topic of conversation and find ques lions ions beyond he ond number are being heln asked j I j i Late Saturday afternoon the city I I I administrations explanation was ten tendered dered this lila paper and thereafter A W V Ague gee being made of or tho the same j i made a more extended statement I I Both the tho administrations side writ written written ten len by Mr DeVIno and Mr reply rep follow STATEMENT BY DEVINE I Members of the city council anti and the mayor marol called up this paper pallor lato liuto Satur SHur Saturday Saturday day afternoon and mill Informed the tho editor that Mr Ir DeVIno hall hail prepared an In Interview A messenger was dispatched and the tho Interview obtained IB lB as 16 lol tol lows Jows 1 l have read the article written by IJ Mr Ago Agee concerning the lie pur purchase purchase purchase chase of tho the Gill land by b Ogden City jl in connection with tho the purchase of or iho the Ogden Waterworks system 1 I am asked If Ir It la is true In M so lar as Us It goes it is ii if true tnie but I J might add that thai Mr Mi Ir Ageos knowledge of or this matter malt I goes much than Limn Is 15 Indicated 1 In his article and as I 1 belIeve he lie hewell hewell well knows or as is you can see sec should bo be familiar familial with the entire lion which when whon fully ully stated slated will bo be boclear clear to lo all I J noto that lint the tho article Is headed The Public Kept in the Dark Possibly Poss bl Il it would bo be well chi that lint the tho pub public public lic lie should know nIl alj aJ of or Mr lr con connection connection with this particular deal dc Prior Prim to lo the purchase oC or tho the Og ogden len den Waterworks system by Ogden City Mr Agee Ageo and Mr Richards were employed by the Ule O don Water Vater works company n as as attorneys s In a 11 suit stilt which is still pending In the United States Stales Federal court In Salt Sail Lake ake I City CUr against the Union Pacific Railroad company involving the title to certain certain tain ala waters arising partially on the lands mentioned by h Mr rr Asee Agee in his article Mr Ir Agee as an attorney in inthe inthe the case of or course was entirely fa familiar familiar a and is yet rot of the exact con condition dilion or status of the title tithe to LO the und hiHl mentioned by bv me and If It not he amid have informed himself as the he public imbue may by going to the records concerning the purchase of the water waler waterworks waterworks works system by hi h Ogden City which are arc on Hie lile as public record In the tho of office 0 lice fice of the lie city recorder The Ogden Waterworks company never nOer owned as Mr lr gec knows more than an In equity in tIm tho north hall halt hallof hallof haltof of section l 35 township G ti north range 1 west and it was WS the thc desire of or Mr ill Agee and his In carrying carr on the litigation that the record title should appear In lathe the waterworks com corn company company pany and to lo that lint end he and his asso associates associates elates in that litigation took the th op 01 option tion lion in the form of a warranty deed Iced and had the same samo recorded in the I I i name of the time Ogden Waterworks corn com compan pany pan from John D Gill and Elizabeth il 13 3 Gill GUI to the lie lands landIs mentioned mention ell by Mr Agee and simultaneously with taking tal the warranty deed they had bad the Og Ogden Ogden den Waterworks Wat c execute a deed back to the Gills GUIs and place the tame ame In escrow in the Ogden State bank huuk auk the lie conditions of the escrow agreement being that if the water waterworks works company so desired they the might pay pa the balance of or the purchase price Mentioned In n the tho original deed front from he the Gills to the water waler company and iitti take ako up and destroy destro the teeth deed held by bythe I bythe y the Ogden State Stale bank In escrow At the tho time lime that tho the City Cily of o Og Os Ogden Ogden Osden den negotiated with the water com corn company company pany for the purchase of or this lila system I Ian an agreement was prepared reciting what land and the Waterworks company compan i agreed to convey to lo Ogden City CIl to together together I gether with other property belonging to said company and in said agree agreement agreement I ment nent they agreed to transfer to lo Ogden City CIt what hat right interest and title the hey had lad in and antI to the north half haIr of see sec I ion 35 township G 6 north range 1 I west wesl and as ns evidence of the fact that he the Waterworks company had nothing but nit an option In lit this land hand there thele was attached to the agreement entered Into nto between Ogden City and tho ho company copies of ot the pa papers pors pers embodied in the escrow agree agreement ment hold held by b the Ogden State bank banle When hien the lie final dual papers In lit this matter wore soro executed by the tho Waterworks company to lo Ogden City it was loomed deemed expedient that tho lie Waterworks com corn company company pany should hould transfer the tho record title UlIe as it appeared of record to lo the city and that t the city should be substituted sU tilted In the escrow agreement for Cor the Ogden Ogdon Waterworks company co 11 80 eo that lint the tho conditions prior to lo tho thi exorcising big ing In of the tho option by br Ogden City in taking up lP the lie escrow c crow agreement on February Oth left Ogden City so 50 far farns faras in inas as ns Uie Ule right to the lands wore con corned contell in precisely the samo 6 condi contU condition tion that the thai Ogden Waterworks corn com puny were in ill I hoy being predecessors sor In Interest to Ogden O den City Mr lr geo misstates the fact when ho says fi that I City Attorney stated at a meeting of tIme tho Chamber of Commerce pending the tho bond election that among tie the properties that lint tho the city would ac no I quiro In the tho deal for the waterworks ks I system was With a tract of or land at the time mouth of Taylors canyon known as aR aRtho tho the Gill GUI land hand This is not the tho fact and 1 I should Imagine that Mr Agee igee was attorney enough to know that he hl should not nol rely reb upon hoar I say sav st when wham malting making a positive state mont m nl for certainly he ho has lias it from front no other source As At to my certain knowl knowledge edge edgo Mr Mi Ageo was never noer present at any nn meeting meelin of tho lie Chamber of Com Corn Commerce Commerce merce or any other meeting which 1 I Iway way may have addressed elJ relative to the purchase of tho tile waterworks system j As A to your our Inquiry concerning Mr Ir gees pes Interest in this matter 1 I might I i say n ny that this interest is not of or a spontaneous nature as Mr Agee Aree as i 1 have stated to you ou was connected with the litigation prior to lo the owner ownership ownership ship by br Ogden City of or the theland theland land mentioned by b me and anu I when the tho fact became ap apparent parent that hint Ogden City CIt would acquire the Interest in these lands Mr lgee Agee came cune to mo me personally on en at least live different occasions and sought sou ht to lo con continue lane his employment by b Ogden City as an nn attorney in the case concerning tho thu waters of or Taylors Tn lors canyon nor did hil ho lie stop slop there ho Ito appeared also alimo on several occasions before others In Interested interested In this litigation and endear endeavored endeavored ored to lo have havo them urge upon the city the importance c of ot his employ employment employment ment In this case It Is h true truo that tho the water committee of the lie city council had under consideration his employ employment ment but did not deem It of or importance to continue his hi services in inthe the iho suit still In lit question believing that lint one of the tho gentlemen who hio had con conducted conducted I ducted tho ho case would be e sufficient to Jh tho the matter mutter without hiring other attorneys This possibly is an nit Item which Mr Agee has overlooked Instating In stat stating ing jug his hI interests In this matter maller at al this thil time into and amid no doubt will be le glad that lint linthe the he matter has been called to tho ho at attention fention of Iho tho public in order that they lie may mar know that hat he lie has always alwn s I deemed this of great grent Importance and that he lie believed Ogden City would be 1 0 best lIest by 11 paying him addi nIhil additional attorneys s fees for foi 01 his services in ill this lug matter matterI I might say MI in conclusion that lint alt all all allor altof of or the records concerning the pur purchase chase of the Ogden Waterworks system s I tem tent and all the lauds lands connected there therewith therewith with are open to the public Inspection and the lie same samo may be lie found In the lie of or office orlice lice fice of the lie city recorder hero here In lu Og Ogden den deu City Cit I REPLY I J have havo been shown a it copy of or Mr Mn 11 DoVinos DaVino interview concerning tIme tile matters maLLers referred to in h my mr communication tion lion which appeared In this mornings issue of the Examiner I do not see that it calls for any extended state statement statement ment meat from me mo It Is true rule that 1 I was one of the tue attorneys in the litigation between the Ogden Waterworks com corn company compan pan pany and amid the Uhla Pacific Railroad company but It not truo rime that lint 1 I par participated participated participated in tho tue transaction li by b which tho lie Waterworks company compan obtained a aeed deed eed to lo the land In question When the tho railroad company com pan began I egan the lie construction of its pipe line Hue In Ina Taylors a lols canyon tile the Waterworks com coni company pany being the time owner of section I began an action to enjoin the con construction of or the line across that sec see section lion Ion The Gills GUIs commenced a simi similar lar lill action to enjoin tho the trespass upon Ito Iho north half of section 35 36 I 1 was not hot employed by lI the Gills The rail mall railroad railroad road roal company answered the injunction suit stilt and also tiled a n II in imi each cacti case aSKing to be adjudged entitled to the use of nil all the UlC waters of I I i Taylors Ta lors canyon canOn Pending this litigation i of action the Waterworks company j i I obtained obtain cd a warranty deed deell to tho tIme north half of section 35 from front the Gills and after that filed a supplemental com corn complaint I plaint setting up the fact that It had hall acquired title LItle to this land So far as 1 was concerned I had n knowledge of an any conditions attached to the tho thet transactions t but ut supposed tho the water company had paid for or the time land as stated in the he deed Tho Time first Intimation lion Ion I had of anything an to the thie ary ar was when I read In the he Standard a I report of the proceedings of ot the city council In which It was stated that tho the thoI I city attorney had reported that the time op option option tion lion on the Gill land had been taken up UI Being surprised at this statement I went to 0 thud the county recorders office and found the deeds from Crom the Gills GUIs GUIsto to the water company and from the latter latler to tho the city on record as suited stated in Iii my communication I then went wentlo to lo the city recorders office and found the he resolution of or the Iho city council au an authorizing authorizing the payment of or the and also a deed from the water com corn company compan pany lany pan to Gill which was marked can cancelled cane cancelled celled e by y Mr Mi lr DeVino This Is the first time I hal known or heard or of such a deal This could not nol bo te an aim op 01 option tion tIo n given by b the Gills GUIs for the pur purchase purchase purchase chase of this land by br the lie water com COW company pany Imn for the tho company compan had hall a war deed leel which had been duly re roo recorded corded If lf the company had not nol paid for time tho land hand and had given gien this deed to GUI Gill as security for the time payment pa ot 01 the balance of or the purchase price It vas vias as nothing moro more than a mortgage and should have been heen recorded so that It would have hae been notice to lie tho pub public i lie lic when asked to vote ote bonds that hint UK the city would get el only a very tery er small equity In this thin land And Anti that In or order der dor to acquire rc title tithe to this land the city would bo ho compelled to pay par over 1000 more I Why Vh I was this hl escrow deed with withhold 1 lb lucid hold from the tho record I I thought and I think tho lie taxpayers j ers ems of the he city cily generally supposed that for the ho I Ute the city was get getting g getting l ting tho thu water system subject to tol l bonded indebtedness and this I along with other lands but It now no transpires that the cost was I Ii i In adrift ion to the bonded In Indebtedness i I As K I havo hlf I J did not know kno that thin Iho th Gills had any interest at in itt this bItt land after having conveyed co e d by b a u warranty warrant I to the water company and tho the records show that the th water company I had complete title tithe and 11 that the pur purchase purchase chase price had h Jd been beon paid pal l I nUT DOT WHAT DIFFERENCE DOES DOKS OO IT MAKE TO THE HE PEOPLE OF F I THIS CITY WHETHER I 1 KNEW W THAT THE rHE GILLS HAD nAD AN JN INTER INTEREST I EST ESI IN TILE THE LANDS LAOS OR NOT Tho The question Is WHY WAS THE THI DEED TO THE GILLS NOT RECORDED Why Wh was not the public Informed that tho city would have ha ve to lo pay pa more In order to obtain lIUo to the lands land on which wore were located valuable springs It Is 15 true that I dod not hear Mr lr DeVise DoVine say that the city would obtain tithe to this land Jond but I was told old that I he ho made the statement by hy ono one of oC the most reputable citizens of this thin city An As to lo Mr lIr attack on mo mc and amid his statement that I 1 approached him in an nn endeavor to have tho lie city employ me to continue the litigation that Is a n matter In hi which the of or the tho city arc aro In no way war Interested and amid Is IH entirely irrelevant in this dis Us discussion emission I will say however that his on this point are untrue Mr Ir DeVine mentioned tho lie matter lust to me mu saying In substance that It would he be necessary to lo mako malto arrange arrangements I ments for mo me and Mr lr Richards to con continue continuo the lie litigation In behalf of Iho the city as we wc were vero familiar with all alJ tho limo questions involved The times I spoke to Mr Ir DoVine DeVino about tho matter were when 1 called his attention to o 0 tho the fact that tho the time limo for taking testimony lei In those cases would expire February February I ary a 1 1st and anti that lint If the city elt Intended to continue continuo tIme the litigation as he had told me mc It did an aim extension of this his |