The evening world., 1893-12-07
Herzog signal system-only applies 70
patented pavements. nothing else.

Herzog signal ~system-only applies TO
patented pavements. nothing else.
Mr.. Beekman's first opinion. rendered
on March IL, 1887. took the view that
in the police signal service system the
Board OF Estimate and Apportionrnent
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, II became necessary to have an
other opinion, and Mr.. CLARK. being then.
as now. Corporation Counsel-succeeding
Mr.. Beekman-was appealed to. Here
Is his opinion In full. over his own Sig
LAW DEPARTMENT.
once OF the Counsel 10 the Corporation.
NEW YORK. July /. 1891.
william II Kip. ESQ. Chief Clerk Police De-
sir. / have received a copy Of the resolution
adopted by the Hoard q roli'G, as Is. 'GilG%s: Ia,
10 and is hereby requested 10 advise this BOARD
as to what action may be taken by t IN order to
secure to the Police Department Of the city OF
New York the BENEFITS OF an electric telegraph
signalling system"
The subject matter OF this resolution has been
heretofore considered by the Law Department.
and an opinion transmitted to the Board Of Police
by my predecessor. the Hon. Henry Il. Beekmsn.
1t appears by his communication that the fol-
lowing facts we're before him:
T. That In the final estimate adopted by the
Board ~ Estimate and Apportlonncnt Dec. 80.
1885. an appropriation was made For the con.
~struetion Of electrical signalling boxes. 'ioa 900 .
II. That the matter OF procuring a system OF
electrical signalling has been under consideration
by the Police BOARD. shn an examination has been
sybtems. That competitive contests have been
made before the board with the working plants
installed by several contestants.
III. That the system Of the ller1og Telesene
Company was approved bv the hoard.
w. The board OF Police therefore requested
the Counsel to the Corporation to advise ana TO
take all steps necessary to procure such system.
v. That the several systems under examination
The opinion referred 10 then recites section g.
OF the Consolidation act, ns follows:
=. Exec" ,ssH 1t, FOR n rersl r,.d no t%isn,s tel PI !. asns- ,hs,i
for. contracted for. or purchased. except under
such circumstances that there ran be fair and
Reasonable opportunity tor competition. the condl-
tion 20 secure which shall he prescribed by the
Board Of Estimate and hp~portionment;"
The beard was therefore advised that the con
dItionl and methods Of competition between the
rival systems should he prescribed by tho Board
OF Estimate and Apportionment. and that the con.
tract then proposed to be made could not be
made until the selection made by the Board should
have received the approval OF the Board OF Esti-
u INV " Hhl
The opinion Of Mr.. Deekman asserts the neces-
Hity of conducting the competition between com
peting systems under conditions IN secure fair
and reasonable opportunity for competition, which
shall he prescribed by the Board of Estimate and
: Apportionment, although II permits the Board Of
Estimate and hpnortiOnment 10 sanction and ap-
prove a system Of tests which II should deem Huf-
fcien, although II had not first prescribed tho con
ditlons Of the connection.
I am Informed that the approval ~ the Board
~ Estimate and App0rtionmcnt TO the selection
OF the system named was never procured. and
therefore no contract was ever made.
! am therefore Of the opinion that the method
to be pursued by the Board In order 10 procure
nm electrical telegraph signalling system II that
l. A resolution must he adopted by the BOARD
Of Estimate and Apportionment prescribing the
conditions OF competition between the various
patented systems Of electrical signalling.
2 A competition must be conducted under ths
, terms and conditions prescribed. and the board Of
Police must select from the competing systems
that which In their judgment 10 most suitable
for The service required. 700
=. Tho terms and conditions nj n PROPOSED ron
tract with tho proprlctors NJ thu selected system
must be approved nv the Counsel to tho Cnrrtra
tion prior to execution, I renai- very respect,
tniiy. WILLIAM II. CLARK
Counsel to the Corporation.
while Mr.. Clark quotes the first oDinior
OF Mr.. Beekman. It will be seen that hs
makes no reference whatever to Mr.
Reekman's second opinion taking bach
the first document. That. however. Is
not so much the question as what doe.
Mr.. Clark mean by writing one opinion
where the Herzog signal system, q
patented article, Ia the issue. and writing
dozens OF opinions on the same subject