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SMITHSONIAN INSTITUTION
      There are several parts in the original will of the late Charles L. Freer that earmark portions of his bequest and the income from it for the construction of the building and gardens, purchases of objets d'art, and their maintenance, including curatorial salaries. No mention is made of using any excess income to increase the principal of the fund. A codicil to the will states: "Such residue of income shall, however, be allowed to accumulate until opportunity arises to purchase objects of art of the very highest quality needed in the collection." Since we are required to accumulate the income, this constitutes a restriction against a transfer to the capital fund.
      The following paragraphs respond to the question as to the practice followed by the Freer Gallery of Art in defining and determining the objects of art which are to be purchased for the collection.
      Paragraph 4 of the first codicil to the Freer Will says, "...occasional purchases shall be made of very fine examples of Oriental, Egyptian, and Near Eastern fine arts...." While this statement gives a fairly broad scope, it does in effect limit our purchases to Far Eastern, Near Eastern and Egyptian objects. In practice we have bought very few Egyptian objects and have no intention of competing with the great Egyptian collections in other American museums.
      In 1929, the Law Committee of the Regents stated that the term "Far East" as used by the testator should be regarded as being restricted to China, Japan, Korea, Indo-China, and closely related territory.
      Since Mr. Freer's death and the establishment of the Gallery, we have endeavored to add to the collections objects of the highest quality in these categories with a view to rounding out the scope of the collection and gradually filling such gaps as may exist. There is still a great deal more material available on the market than we can possibly afford with our limited purchase funds. The embargo on works of art from China has not so far seriously affected us because there are still a great many fine objects that have been in European or American collections for decades, and which gradually find their way into the market. At the present time even more important objects from Japan, Persia and India are available. Our principal problem is to decide what we need most and what we can afford from among the many important things that are offered to us.
      The works of Gauguin would not be considered as meeting the requirements of the Freer will. The will provided funds first for a building for storing and exhibiting for the objects of art transferred by Mr. Freer to the Institution. The will further authorized the Institution to make purchases of fine examples of Oriental, Egyptian and Near Eastern fine arts. The will also provided that the funds should be used for the study of the civilization of the Far East. The Law Committee of the Board of Regents of 1929 expressed the opinion that Mr. Freer had in mind to study the civilization of the Far East itself and not of that which was traceable remotely to the Far East. Accordingly, it is considered that the Freer is concerned with indigenous works of art which are Oriental, Egyptian, Near Eastern, and Far Eastern, and which may be considered as materials for the study of the civilization of the Far East.