39

-3-

the Market House is too sweeping, too far reaching, too arbitary and
wholly unnecessary, and to carry the same out by legislative enactment
would be a discrimination of the rankest and most unreasonable character.
I refuse to give my indorsement to such a provision.

3rd. The proposition presented requires the city to, and by your
action you agreed that the city should, pass an ordinance requiring that
all persons with vehicles might utilize space around the Market House
- which I understand means on the streets or on that free public square-
for the purpose of selling their products from wagons or otherwise, while
waiting until 9:30 o'clock to arrive, shall pay for the space occupied.
This would be a free public square with vengeance. I refuse to give
this measure as presented my indorsement.

4th. The fifth provision of the proposition provides that the city
shall pave the streets on the south, east and north of said square.
As I understand this, the purpose is to have this paving on three sides
of the Market Company's property on which it proposes to erect its Market
House. I know of no reason why the city should, in advance, obligate itself
to pave on three sides of the Market Company's property as an induce-
ment to get it to go into business for which it was chartered, when,
because of scanty of funds, it is necessary for it the city to require all other
business enterprises, as well as private property owners, to pay for the
paving in front of their several properties.

5th. The sixth section of the proposition provides that the city
shall exempt from taxes for the period of five years the property of the
Market House Company and the Market House to be constructed. The city
has not no power to exempt the Market House Company from taxation in any
such manner. It is true in the proposition, as now presented, that there
is a pretended consideration offered to the city to induce it, or
to give it power, to make such exemption. The pretended consideration
being that the Market House will give to the city an option of five
years from the date of its acceptance of its proposition within which to
purchase the Market House Company's property and buildings at the a price
to be agreed upon in some manner satisfactory to both parties. This
pretended consideration is a sham. It is no consideration, it is inser-
ted into the proposition to give a semblance of legallity to the unlawful