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SMITHSONIAN INSTITUTION  818
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Gallery of Art, in perpetuity and for exhibition in its own galleries or for loan exhibition in such other galleries everywhere throughout the world as may seem safe and wise to the Regents", but no such works are to be "exhibited permanently" in the building described in paragraph Eighteenth of the will, that is the building there prescribed as being provided for the Freer collections.

Q. 10. Is it not to be assumed that in conformity with general principles of administration the Regents of the Smithsonian Institution through their Secretary retain the powers of initiative and veto over the actions of the Curator of the Freer Gallery subject only to legal restraints operating from the terms of the deed of gift and the will? Is it not also to be assumed, from the same sanction, that the Regents may divert to the care of the Freer trust funds and expend in such manner as they direct, a usual percentage not exceeding 5 per cent of the income of said fund?"

It was the intention of the testator that a competent curator should be employed and that he should perform the duties of faithful oversight, intelligent exhibition and careful protection of the collections in question. Such a curator naturally should have the broad range of discretion in performing his duties which the expert qualifications justifying his appointment as curator would make appropriate. But the final supervision and control reposed in the Regents of the Smithsonian Institution with respect to all its affairs cannot be regarded as in any way impaired and their general authority is subject only to such restraints as operate from the conditions of the acceptance of the deed of gift and the bequest.

The Regents may charge to the income of the Freer funds no "a usual percentage not exceeding 5 per cent", but the actual expense incurred by them in the course of proper administration, excepting such expense as has been assumed by the Institution under the provisions of the gift, as already stated.

"Q. 11. Should the paintings of American artists be exhibited in the galleries designated for them on the plans drawn by the architect under Mr. Freer's directions, as ordered by the late Secretary Walcott?"
[[initialed]] CGA [[/initialed]]