The evening world., 1893-12-07

Herzog signal system-only applies to
patented pavements, nothing else.
Mr.. Beekman's first opinion, rendered
on March IL. 1857. too the view that
In the police signal service system the
Board of Estimate and Apportionment
should first direct the conditions under
which a reasonable opportunity for COM
petition could be had. and however fool
ish the opinion. as THE Evening World
pointed out, 1t served Its purpose for the
time being. Later on he took back that
opinion in another document written on
June . following.
In the events which followed, however,
no one knowing just where the matter
stood. 1t became necessary to have an
other opinion. and Mr.. Clark, being then.
as now. Corporation Counsel-succeeding
MIR. B~eekman-was appealed TO. Here
is his opinion In full. over his own sig
nature:
Once OF th. Counsel to the Corporation.
SEW YORK. July /, 1891.
William II. Kip. Esq. chief CLERK Police De-
partment.
sir. have received a copy Of tn. resolution
adopted by the Board u Police. as follows:
Resolved. That the Counsel to the Corporation
bo and is hereby requested TO advise this Board
as TO what action may be taken by II In order ia
secure to the Police Department Of the city o,
New York the benefits 0, an electric telegraph
signalling system"
heretofore considered by the Law Department.
and an opinion transmitted to the Board OF Police
by my predecessor. the Hon. Henry X. Beekman.
1t appears by his communication that the fol.
lowing facts were before him
I. That In the final estimate adopted by the
Beard OF Estimate and Apporiionment Dec. 30.
1856. an appropriation was made FOR me con.
II That the matter Of nTOCurInG n ANAtem oil
electrical signalling has been under consideration
by the Police board, and an examination has beer
made OF the features and details OF numerous
systems. That competitive contests have been
made before the Board with the working plant
! Installed by several contestants.
III. That the system OF the Herfog Telesem'
COMPANY was approved by the Board.
". The Board OF Police therefore, REQUESTED
the Counsel to the Corporation TO advise and &c
take all steps necessary TO procure such system
V. That the several systems under examination
The opinion referred to then recItes section g.
OF the Consolidation act. as follows:
Except for repairs. no patented pavement shall
for. contracted for, or purchased. except unde
such circumstances that there can be fa'r an
ton 10 secure which shsli be prescribed by tn
Board Of Estimate and Apportionment.
TIL" Beard was therefore advised that the con
dition5 and methods Of competition between tn
rival systems should be prescribed by the Boar,
: OF Estimate aud Apportionment, snd that the con
tract then proposed to be made could not h
made until the selection made bv the Board shout
have received the approval OF the Board OF Esti
mate and AppoTtionment.
The opinion OF Mr.. Beekman asserts the neces
slty OF conducting the competition between com
peting systems under conditions to secure tai
and reasonable opportunity for competition. vhicl
shall lie prescribed by the Board OF Estimate an
Arportionment. although II permits the Board o
Estimate and hpnortionment to sanction and an
prove a system Of tests which II should deem sui
fcient although II had not hrst prescribed the con
di'ions Of the competition.
am Informed that the approval Of the Boar
~ Estimate and Apportionment to the selectio
Of the system named was never procured. an
therefore no contract was ever made.
am Therefore OF the opinion that the metho
TO be pursued bv the Eoard In order to rrocur
an electrical telegraph signalling system Il tina
indicated in the opinion referred to, as follows:
I. A resolution must he adopted by the Boar
OF Estimate and Apportionment prescribing IN
conditions OF competition between the vsriou
patented systems OF electrical signalling.
? A competition must be conducted under IN
Police must select from the competing system
that which in their Judgment IL most sultabl
for the service required,
3. The terms and conditions NJ a proposed con
tract with the proprietors Of the selected syster
must be approved by the Counsel TO the Corpora
fully. WILLIAM H.. CLARK
Counsel to thu Corporation.
While Mr.. Clark quotes the first opinio
of Mr.. Beekman. II will be seen that h
makes no reference whatever to NJ
Beekman's second opinion taking bac
the first document. That. however.
not so much the question as what doc
Mr.. Clark mean by writing one opinio
where the Herzog signal system,
patented article. is the issue. and writin
dozens of opinions on the same subJec