Evening journal., 1902-03-01
MIR. MELvINs DIRECTIONS

desire on the part OF Mr. Melvin for
further light He did not indicate any
time when he expected to be able to
act. He presented certain typewriter
objections which in a measure reveal
his purpose for delay. He starts out
with a question which is followed by
Others of the same general tenor He
asks:
II the contract in question has no
binding effect in law. need the city fear
the consequences of the contract being
taken INTO court and the rights of the
respective parties adiudicated?
Here is the assumption that the
contract in question has no legal bind
ing. and such an assumption hos no
solid basis, The City Solicitor. It is
true. gave an opinion to the effect that
the contract would not hold In law,
but the company has complied with
certain conditions since that opinion
was rendered which eliminates certain
points of his objection. Besides, the
court. only. can determine it's validity.
With all respect TO the opinion OF our
law officer. let us say that his judg-
ment is not necessarily final, other
wise we should not need courts Of law.
II will be remembered that former
city solicitor gave an opinion to the
effect that certain taxes could not be
collected, vet another attorney collect
ed them. Therefore no one can assume
whether the court would declare this
contract valid or invalid. Mr.. Melvin
continues:
II the contract In question is not
valid and binding upon the city, and
by advertising for bids for the exact
character and kind Of lights and the
number desired hy the city, much
lower rate and perhaps a shorter term
contract can be obtained, thereby saw
ing for the taxpayers many thousands
of dollars. would IL not be manifestly
wrong for us to throw away rights OF
the city In the matter and deliberately
surrender to the expensive provisions
of an invalid contract?
Here We are asked again to assume
what only the court can determine. but
Mr.. Melvin. asking us to grant that the
present contract is invalid. wants TO
know if IL wouldn't be better to adver-
tise anew, specifying the exact nature
of the lights we require. etc Well in
the first place. that would probably
mean suit which the city would have
TO defend. and in the light of past ex-
perience We may be certain, that how
ever il was decided. il would cost a
pretty penny. And we must not forget
that there is a strong probability that
the decision would be favorable to the
company: 1t could then proceed under
an unqdestioned contract, and one
which would contain certain features
not acceptable to our people.
Here is the assumption. too. that il
Is possible to specify the exact light
required and receive bids from numer-
Gus persons capable of furnishing that
light Here is another error. Each
concern has its own mechanism for
producing light, covered by patents
and II alone can furnish a light of q
peculiar quality Suppose, for instance
in our specifications we demand a Ger
tain light. and describe one exactl,
like the Welsbach: no other concerr
can become a competent bidder, be
cause no other company can furnisl
that exact light without infringing ol
the Welsbach patents. If / want came,
goods Of a certain quality, may spec
ify the quality and call for bids. but j
] want the R. & r. brand I can get i
from only one firm.
The question brings up anothe
point: Mr.. Melvin assumes that by cal
ing again for bids we may save tn
city thousands Of dollars Not by il
stalling the Welsbach light, nor do "
believe. any other light of equal meri
We know that it has been installed /
many cities and that in nearly ever
one it costs more money than i
contract with this city calls for. "
might get another light cheaper. bl
we could not get the Welsbach for le
money. Mr.. Melvin continues:
If the contract is invalid for any re
son whatever. would it not be a po.
tive and direct wrong for the city
voluntarily make itself a party to it2
If the contract is invalid and disa
vantageous TO the city would we n
in the first place stultify ourselve
and. secondly, be guilty of an illeg
act to make any compromise with
party having no local contract whs
ever?
This reads as though We were abo
to condone or compromise some erin
nal offense. But whatever assertio