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SMITHSONIAN INSTITUTION  817
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MADE BY BAKER-VAWTER CO. 
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Your Committee is of the opinion that what the testator intended by "the promotion of high ideals of beauty" is shown by the context. These ideals are to be promoted first by purchases of very fine examples of Oriental, Egyptian and Near Eastern art which must be made if they can be made. If not, then works of high aesthetic quality of American painters, sculptors and potters are to be made if they can be made. But the residue of income in question is to be allowed to accumulate as stated. Your Committee is of the opinion that under this language the Regents cannot consider other methods of promoting "high ideals of beauty" which in their opinion might be appropriate were it not for the limitations imposed by the testator.

The reference to the approval of "one or all" of the four friends named in this provision your Committee thinks necessarily means while these friends are living. It does not require that the purchases shall not be made in case of their death. The approval should be had of any of the survivors of the four friends.

"Q. 9. In view of the very positive language of paragraph 5 of the deed of gift of May 5, 1906, and the expressions of paragraph 27 of the will, lines 19 to 22, and paragraph 4 of the Codicil, lines 11 to 21, is it not to be regarded that the testator contemplated that few (and those only of the choicest) additions would ever be made to the Freer Gallery collections, so that in the event of the making of large collections by excavations or purchase, the vast majority of whatever specimens might be purchased under the operation paragraph 4 of the Codicil must be deposited either with the National Museum, the National Gallery of Art, or other depositories selected by the Regents of the Smithsonian?"

Your Committee does not think it would serve any useful purpose to attempt to answer this question categorically. The provisions of paragraph 4 of the Codicil, as above stated, indicate quite clearly what sort of purchases were to be made for the Freer Collection. The limit is not fixed as to number but with respect to origin, quality and amount of income available. The character and disposition of other purchases authorized by the provisions of paragraph 4 of the Codicil are also prescribed. Such other works so purchased immediately become the property of the United States National
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