The evening world., 1893-12-07

Herzog signal system-only applies to
patented ~pavements. nothing else.
y MIR, 'Beekman's first opinion. rendered
on MATCH Il. 1851. took the view that
in the police signal service system the
board OF Estimate and Apportionment
should first direct the conditions under
which n reasonable opportunity for com
petition could be had. and however fool
ish the opinion. az The Evening Wor!h''
pointed out. 1t served its purpose for the
time being Later on he tool back that
opinion in another document written on
June 2 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,
ms now. Corporation CONFERENCE.-The
lIr. B~eckman-was appealed to. Here
Is his opinion in fun, over his own sig
nature:
Law DEPARTMENT.
one. OF the Counsel to the Corporation.
new YORK.. July /. 1891.
William H. Kipp, EsI. chief CLERK Police De-
adopted by the Hoard NJ Police. as follows:
"itrsnlved. That the counsel 10 the Corporation
he and is hereby requested to advise This loarl
as to what action may be taken by II In order To
secure to the Police department % the city o.
New York the benefits OF an electric telegraph
signalling pystem.'
The subject matter ot this resolution has been
heretofore cunsIter~i by tho Law Department.
and an opinion transmitted to the Hoarl OF RoIice
by. my predecessor. the Him: Henry X. Beekman.
on March IL, 1883.
It appears by his communication that the foi-
lowing facts we're before him:
! That In III" final estimate adopted by the
Heard Of Estimate and Apportionment Dec. so.
iSs, an appropriation was made For the con.
Struction u electrical signalling boxes, 500. 900 -
ii. That the matter Ut procuring n system NJ
electrical signalling has. been under consideration
nv the Police Hoard. aud an examination has been
made Of the features and details Ot 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. IIcrIog Teleseme
Company was approved by the Hoard,
the Counsel to the Corporation to advise and tn
tako ali steps necessary to procure such syE'cm.
V. That the several systems nnder examination
The opinion referred to then rrcitrs section g.
Of the Consolidation art. as follows
he laid ana no patented article shall he advertised
for. contracted for. or purchased. except under
such circumstances that there can be fair and
reasonable opphrtunity Tor competition. the condi.
tion 10 secure which shall he prescribed by tbs
Board Of Estimate md Airport lonment
The Board was therefore advised that the con
ditlons md methods n competition bet we+n The
rival systems SHOULD he prescribed nv the Hosr
Of Estimate and Apportionnent and that. tn" con
tract then proposed to he made could not bs
made until the selection made by the BOARD should
have received the approval NJ the Board of FSti,
nAtr and Apportionmcnt.
The opinion ~ Mr.. Hickman sssnrts the necns-
sity NJ conducting the connatit'on between com
peting Systcms under conditions TO secure fair
and reasonable orn1rtun'tv for r0mpetitior. which
shall he prescribed nv tho Board ~ Estimate and
Appointment. although 1t permits the Board oi
Estimate and Ap1ortinnmrnt to sanction and an
prove n system of tests Witch II should deem ruff.
rrient although u had not hrst prescribed the con.
dition1 Of the Cnmretition.
| nm informed that the approval ~ the Hoard
~ Estimate and Advertisement to the selection
~ the system named was never procured. nnt
therefore no contract was ever made.
am therefore of the opinion that the mc'hnf
to hr pursued nv the Beard In order In rrocur,
m electrical telegraph signalling system IL tina,
indicated IN tho opinion referred to, ns follows;
| I. A resolution must he adopted hy the Dnarr
~ Estimate and Anportionrent prescribing N,
conditions Of competition between the varioui
patented systems Of electrical signalling.
2 A competition must be conducted under N,
Police mus; select from the competing systemi
that which In their Judgment Is most suitabl,
for the service required.
3. The terms and conditions ~ a proposed ron
tract with the pronrirtnrR ~ tho selected ryF'cr
must he approved nv the Counsel to the Cnrporn
ton prior to execution. I remain very respect
fully. WILLIAM II. CLARK.
Counsel To the Corporation.
While Mr.. Clark quotes the first opinlo,
of Mr.. Beekman. II will he seen that h,
makes no reference whatever to Mr.
1ieekmhn's second opinion taking bncl
the first document, That, however. Il
not 80 much the question AZ what doe
Mr.. Clark mean bY writing opinion
where the Hcr2ng signal system. 1
| patented article. Is the issue. and writini
dozens of opinions on the same subject