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report on the wayward child. There is not much the examiner can do about, say, a sculpture by Henry Moore consisting of two indefinable shapes called "Two Forms." But one them tried like the very devil to find an apple image in Boccioni's "Development of a Bottle in Space," since even the greatest advocate of modern sculpture could hardly claim a bottle was a [[strikethrough]] human or animal [[/strikethrough]] natural form. James Johnson Sweeney, the director of the Guggenheim Museum, a deeply poetic man despite his brawn, was standing by an examiner one day while the first bit of a marble sculpture by the abstract artist Hans Arp emerged from its crate. In rich Celtic tones [[strikethrough]] , [[/strikethrough]] Sweeney muttered, "Ah! The human curve divine!" "Human curve?" said the examiner, clutching excitedly at the phrase, "O.K. It's sculpture."

If the human-animal or natural form requirement leads to ridiculous exclusions from what can be considered sculpture, one significant change in the requirements came about in the famous "Brancusi case" of 1928, a third district customs court case which has made Brancusi's "Bird in Flight" one of the [[strikethrough]] most [[/strikethrough]] best-known works of modern art in America.

This bronze sculpture--which suggests the shaft of an airplane propellor in form (a [[strikethrough]] fact [[/strikethrough]] comparison which it would not have been wise to mention in a custom's court)--was imported by the photographer Edward Steichen as a work of sculpture but was declared dutiable at 40 per centum ad valorem by the