The evening world., 1893-12-07
A Section Of the Consolidation Act
Which Can Be Made Very
Accommodating.
FACTS WORTH CONSIDERING.
One Reason Why the City
Lacks a Signal System and
Patrol Wagon Service.

Since 1.-THE Evening World" began ex-
posing the causes of the delay in pro-
viding the city with a proper po-
lice signal system and patrol wagon
service reference has been made TO the
important part played in it by William
u. Clark, Corporation Counsel.
Section 60 of the Consolidation act was
seized upon by Incorporation Counsel
Beekman to first block this much-needed
reform. That particular section, as
amended, is n relic of Tweed days. 1t
served its purpose during the Tweed
regime just as it does to-day.
Under the law the Police Commission
ers have three ways in which they may
eXpend money. In the first place, for all
)sums not exceeding $1,000 they can give
Iout the contract without advertising and
without consultation with any one. In
amounts over 81. 900 they must advertise,
but for patented articles they need not
advertise. Section GO. it has always been
held-with the solitary exception of the
Herzog signal system-orly applies to
patented pavements, nothing else.
Mr.. Beekman's first opinion, rendered
on March II, 1887. took 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 tina
June 2 following.
In tho aNyan.c uhioh fpllnural hpu,ayar
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
.s,u
Odice OF the Counsel to the Corporation.
NEW YORK, July /, 1891.
William II. kipp. Esq, Chief CLERK Police De-
sir: | have received a copy OF the resolution
adopted by the Board Of Police, as follows:
RESOLVED, That the Counsel to the Corporation
be and is hereby requested TO advise this Board
as to what, action may be taken by it in order to
secure to the Police Department OF the city OF
New York the benefits OF an electric telegraph
The subject matter OF this resolution has been
heretofore considers 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
! nut u the n1nl estimate blOptel ny the
Bt4ri Of Estimate and Apportionment Dec. 30,
lsss, an appropriation was made For the con-
's'rlction of electrical signalling boxes, 500, 900. "
II That the matter OF procuring a system OF
electrical signalling has been under consideration
by the Police Board. aud an examination has been
made Of the features and details OF numerous
systems. That competitive contests have been
made before the Board with the working plants
installed by several contestants.
III, That the system Of the Herzog Telcseme
Company was approved by the Board.
the Counsel to the CORPORATION to advise and to
take all steps necessary TO procure such system.
V. That the several systems under examination
we're patented.
The opinion referred to then recites section ca
Of the Consolidation act, as follows:
Except for repairs, no patented pavement shall
be laid and no patented article shall be advertised
ior contracted for. or purchased, except under
Reasonable opportunity for competition. the condi.
t1on TO secure which shall be prescribed by tn
board Of Estimate and Apportionment."
The Board was therefore advised that the con.
oitlons AMI methods OF competition between tn,
rival systems should be prescribed by the Board
OF Estimate and Apportionment, and that the con,
tract then proposed TO be made could not h,
made until the selection made by the Board should
nate and Apportionment.
Inc opinion Of Mr.. Beekman asserts the neces-
r NJ OF conducting the connection between com
pe,!hg sysfems under conditions to secure fair
ana reasonable opportunity for competition. which
snail be prescribed by the Board Of Estimate and
HpPortlonment, although II permits the Board Of
hs,!ma," and Apportionment to sanction and ap,
troye a system Of tests which II should deem sui,
ot,lons Of tho comnetition.
am informed ihrt the approval Of the Board
. EStlma'" and ArportiOnment to the selection
W system named was never procured, anc
therefore no contract was over made.
| am therefore of the opinion that the method
'e pursued by the Board in order 10 nrocur,
electrical telegraph signalling system is that
"'''t''1 IN the opinion referred to, us follows:
4 resolution must he adopted by the noart
81 Estimate and Appnrtionment prescribing IN,
s.aHltlons Of competition between the varloui
F@'h'ed systems of electrical signalling.
= a INMTHtttIOl muFI bn TDnlurtpl unIar IN,
pp.WS ara conditions prescribed. and the Board n
r,to' must select from the competing syEtemi
20 which in their judgment Is most suitable
N" service required.
, Inc terms and c%1niitions NJ a proposed ron
WIN the prOprietorE ~ tho selected Evs'cu
rs ne approved hy the Counsel TO the Corpora
t 70 prior to execution. remain very respect
"'E WILLIAM ~. CLARK.
CouH 81 Ia the Corporation.
While MIR. Clark quotes the first opinion