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ANNUAL MEETING OF JANUARY 25, 1905.

Present: Mr. Chief Justice Fuller (Chancellor) in the chair, the Hon. O. H. Platt, the Hon. F. M. Cockrell, the Hon. Robert Adams, jr., the Hon. Hugh A. Dinsmore, Dr. J. B. Angell, the Hon. John B. Henderson, the Hon. Richard Olney, the Hon. George Gray, Dr. A. Graham Bell, and the Secretary, Mr. S. P. Langley.

MINUTES OF PREVIOUS MEETING.

The minutes of the meeting held December 6, 1904, were read in abstract and approved.

REAPPOINTMENT OF REGENTS.

The Secretary announced the reappointment of Dr. James B. Angell for a term of six years, by joint resolution of Congress approved by the President January 23, 1905.

RESOLUTION RELATIVE TO INCOME AND EXPENDITURE.

Senator Henderson, Chairman of the executive committee, presented the following resolution, which was adopted:

Resolved, That the income of the Institution for the fiscal year ending June 30, 1906, be appropriated for the service of the Institution, to be expended by the Secretary with the advice of the executive committee, with full discretion on the part of the Secretary as to items.

ANNUAL REPORT OF THE SECRETARY.

The Secretary presented his report of the operations of the Institution for the year ending June 30, 1904, which was accepted.

ANNUAL REPORT OF THE EXECUTIVE COMMITTEE.

Senator Henderson, Chairman, presented the report of the committee for the year ending June 30, 1904, which was adopted.

ANNUAL REPORT OF THE PERMANENT COMMITTEE.

Senator Henderson, Chairman, reported as follows:

Hodgkins fund. The O'Donoghue case is now in the court of appeals at Albany. The calendar has not yet been announced, but the prospect is that the case will be reached and argued this spring.

Andrews will case. The hearing upon the application of the executor to have the will interpreted has not yet been had. Very recently a short brief was handed up to the supreme court of New York covering certain phases of the subject.

Addison T. Reid case.--The surrogate in Brooklyn has decided in accordance with the Institution's view of the construction of the will, and matters are left in shape for the Institution to avail itself of the bequest at some future time.

On motion the report was accepted and ordered filed.

REPORT OF THE SPECIAL COMMITTEE ON THE FINAL DISPOSITION OF THE REMAINS OF JAMES SMITHSON.

The Chancellor, as chairman of the committee, reported as follows: At a meeting on December 6, 1904, the Board of Regents adopted the following resolution:

"Resolved, That the special committee, having in charge the matter of the final disposition of the remains of James Smithson, be authorize I to receive the original tomb and to place it, suitably inscribed, with the remains, in some proper position that they may select in the grounds of the Institution; the expenses involved in the matter to be met from the funds of the Institution."

Your committee having directed the shipping of the tomb to this country, it arrived in the port of New York and has just been brought on here. It is temporarily set up near the Institution. It is a most modest structure, but sufficient in its place in a cemetery surrounded by other tombs. Your committee would like to have the Regents see it before they place it permanently in any conspicuous external position. Should the Regents please to authorize the committee to place it within the Institution, at least temporarily, they will find a place for it.

After realizing the insufficiency of the tomb for an external site, your committee have some hesitation in choosing a place for it in the open grounds of the Institution under the terms of the resolution, but would probably place it immediately north of the present building. Your committee feel that in that case, some accessory would be necessary.

The adoption of this report will be considered by the committee as authorizing them to place the tomb and remains within the Institution, at least temporarily. Repectfully submitted.

On motion the report was adopted.

MELVILLE W. FULLER, Chairman.

FREER COLLECTION.

The Secretary said that during the early part of the year 1904 he had had an interview at the Institution with Mr. Charles L. Freer, of Detroit, who was desirous of giving his valuable collection of objects of American and oriental art to the Smithsonian Institution or to the United States Government on certain conditions. Mr. Freer had outlined orally the extent of the collection, its cost, and the conditions under which he proposed to make the offer.

The Secretary had brought the matter before the executive committee, and he read a letter which he had sent to Mr. Freer reciting his understanding of the collection and conditions of gift, and which, further, contained the following action of the committee:

The executive committee, having heard with interest and appreciation the state. ment by Secretary Langley of the proposition and views of Mr. Charles L. Freer, SM 1905-2

of Detroit, to intrust to the Smithsonian Institution a collection of works of art, now in his possession, which has already cost $600,000 and to which he proposes to add almost as much more and to construct for housing it a hall costing $500,000, upon condition that all the expense and responsibility for its care and maintenance shall be provided, are of the opinion that it would be well for the Board of Regents to consider such a proposition in sympathy with the broad and cultivated spirit in which it is made; but as it is presented only as a statement of a conversation with Mr. Freer, it is requested by the committee that Secretary Langley communicate with Mr. Freer and suggest to him that he put in more precise form his views and his wishes, so that the action which the committee may recommend to the Board shall be such as will exactly set forth Mr. Freer's purposes and be given the careful consideration appropriate to such an enduring benefaction.

To this letter the following reply was received:

S. P. LANGLEY, Esq.,

DETROIT, MICH., December 27, 1904.

Secretary Smithsonian Institution, Washington, D. C.:

DEAR SIR: In replying to your kind letter of the 16th instant, and in further reference to the conversation had with you on March 24 last, I beg to say that my permanent collections consist of the following art objects, namely:

By JAMES MCNEILL WHISTLER:

100 framed paintings in oil, water-color, and pastel.

60 unframed drawings in pencil and water color.

150 lithographs.

575 etchings.

The entire decorations of the Peacock Room.

By D. W. TRYON, T. W. DEWING, and A. H. THAYER:

50 framed paintings in oil, water-color, and pastel.

By various masters of Chinese and Japanese schools of painting, beginning with the tenth century and ending with the nineteenth century, including specimens by Ririomin, Sesshiu, Sesson, Motonobu, Tanyu, Koyetsu, Sotatsu, Korin, Kenzan, Hoitsu, Okio, Hokusai, and various other masters:

400 kakemono, many of which are in pairs.

80 screens, many of which are in pairs.

30 panels.

By various potters of the Far East and Central Asia, including Chinese, Japanese, Coreans, Persians, Arabians, and others as yet unidentified:

950 pieces of pottery.

Also a small group of ancient Chinese and Japanese bronzes, a few early Japanese and Corean wood-carvings, and some lacquer by Koyetsu, Korin, and Ritsuwo. These several collections include specimens of very widely separated periods of artistic development, beginning before the birth of Christ and ending to-day.

No attempt has been made to secure specimens from unsympathetic sources, my collecting having been confined to American and Asiatic schools. My great desire has been to unite modern work with masterpieces of certain periods of high civilization, harmonious in spiritual and physical suggestion, having the power to broaden æsthetic culture and the grace to elevate the human mind.

These collections I desire to retain during my life for the enjoyment of students, my friends, and myself, and for the further purpose of making additions and improvements from time to time. Believing that good models only should be used in artistic construction, I wish to continue my censorship, aided by the best expert

advice, and remove every undesirable article, and add in the future whatever I can obtain of like harmonious standard quality.

I now repeat my offer to bequeath these collections to the Smithsonian Institution, or to the United States Government, and also the sum of $500,000 in money for the purpose of constructing a suitable building in which to house them, upon the following terms and conditions:

First. The sum of $500,000 shall be paid by my executors to the Regents of the Smithsonian Institution or the United States Government promptly after my decease, and shall be used forthwith for the construction of a fireproof building connected with the National Museum, the construction of which has recently been authorized, or reasonably near thereto.

Second. The interior of this building shall be arranged with special regard for the convenience of students and others desirous of an opportunity for uninterrupted study. A suitable space shall be provided in which the Peacock Room shall be reerected complete. The whole interior arrangement of the building shall be agreed upon between the Regents of the Smithsonian Institution and myself within a reasonable time after the acceptance of this offer.

Third. The collections, with such changes and additions thereto as shall be made during my lifetime, shall be delivered by my executors to the Regents immediately after the building is constructed and ready to receive them.

Fourth. The collections and the buildings shall be cared for and maintained perpetually by the Smithsonian Institution or the United States Government at its own expense.

Fifth. No addition or deduction shall be made to the collections after my death, and nothing else shall ever be exhibited with them, or in the same building, nor shall the said collections, or any part thereof, be removed at any time from the said building except when necessary for the purpose of making repairs or renovations in the building.

Sixth. No charge shall ever be made for admission to the building or for the privilege of examining or studying the collections.

Seventh. The collections and building shall always bear my name in some modest and appropriate form.

In lieu of the foregoing offer I am willing, upon the conditions above expressed, to make a present conveyance of the title to said collections to the Institution or the Government, and a bequest of the sum of $500,000 for the building, provided:

1. The collections shall remain in my possession during my life, and in the possession of my executors after my death until the completion of the building.

2. I shall have the right to make such changes in the collections, by disposing of any part thereof, or by adding thereto, as may seem to me advisable or necessary for the improvement of the collections, or any of them.

3. Both I and my executors shall be free from any liability on account of any loss in or damage that may accrue to the collections while in my or their charge, even though such loss or injury shall occur by reason of my or their negligence, or the negligence of my or their servants, agents, or employees.

The exact form of the bequest or gift and the details for carrying it into execution are legal questions that can be agreed upon by counsel representing the Institution or the Government and myself.

I suggest that the Institution or the Government, before coming to a decision regarding the above offer, send a cómmittee of experts to Detroit to make an examination of the collections. It will be a source of satisfaction to me to exhibit the collections to such a committee, and the report it may make will be of great value to the Institution or Government in reaching a conclusion. I remain, with great respect,

Very truly, yours,

CHARLES L. FREER.

After conference with the chairman of the executive committee the Secretary addressed Mr. Freer, asking if he could see his way to modify the requirements of the fifth clause of his conditions, to which a reply was received that after serious consideration no modification could be made in the terms of the clause referred to.

A very general discussion arose as to the matters involved under the terms of the proposed donation, the prevailing opinion being that more information was necessary before the Board could come to a conclusion. It was pointed out that Mr. Freer had asked that a committee visit him for the purpose of seeing the collection, and the Board decided to accept the suggestion. The following resolution was accordingly adopted:

Resolved, That the Chancellor appoint a committee of three Regents, whose duty it shall be to make personal examination of the collection of art objects which Mr. Charles L. Freer has proposed to give or bequeath to the Smithsonian Institution, and make report to the Board of its value and merits, and said committee is further instructed to ascertain from Mr. Freer what alterations, if any, can be made in the conditions of his very generous proposal; and the Secretary of this Institution is hereby added as an additional member of this committee.

The Chancellor appointed Doctor Angell, Senator Henderson, Doctor Bell, and the Secretary as the committee.

The Board then adjourned.

REGULAR MEETING OF MARCH 6, 1905.

Present: Mr. Chief Justice Fuller (Chancellor) in the chair; the Hon. Charles W. Fairbanks, Vice-President of the United States; the Hon. O. H. Platt, the Hon. Robert Adams, jr., the Hon. Hugh A. Dinsmore, the Hon. Andrew D. White, the Hon. John B. Henderson, Dr. A. Graham Bell, and the Secretary, Mr. S. P. Langley.

MINUTES OF PREVIOUS MEETING.

The minutes of the meeting held January 25, 1905, were read in abstract and approved.

APPOINTMENT OF ASSISTANT SECRETARY.

The Secretary, after stating the necessity for the appointment of an additional assistant secretary of the Institution, asked the Board's approval of his selection of Dr. Cyrus Adler, the present Librarian of the Institution, for the position, adding an explanatory statement as to Doctor Adler's fitness for the duties.

Senator Henderson followed with further commendatory remarks, and presented the subjoined resolution, which was adopted:

Resolved, That the appointment by the Secretary of Dr. Cyrus Adler as Assistant Secretary of the Smithsonian Institution, in charge of the Library and the Exchanges, with such additional duties as the Secretary may assign him, be approved.

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