THE NATIONAL GALLERY OF ART 89 



its close to secure what was then deemed necessary legislation, 

 although an appropriate resolution was reported from the Senate 

 Committee on the Library. 



The annual message of President Roosevelt to the Fifty- 

 eighth Congress, third session (dated December 6, 1904), con- 

 tains the following clause : 



"The collection of objects of art contemplated in section 5586 

 of the Revised Statutes should be designated and established as 

 a national gallery of art, and the Smithsonian Institution should 

 be authorized to accept any additions to said collection that 

 may be received by gift, bequest, or devise." 



No action followed in Congress, but the executors of the 

 Johnston estate still feeling it incumbent upon them to prevent 

 the disposal of the collection by sale, filed a suit on February 7, 



1905, in the supreme court of the District of Columbia, asking 

 a construction of certain doubtful clauses in the testament. By 

 direction of the President, the Attorney-General, on behalf of 

 the United States, on February 10, 1905, entered its appearance 

 in the suit, claiming an interest in the matter. 



It is understood that all the legatees under the will agreed to 

 the contention of the Government except the Harriet Lane 

 Home, of Baltimore, founded by Mrs. Johnston, which had an 

 interest in the residuary estate, and which, from a sense of obli- 

 gation to a public charity, deemed a judicial decision necessary, 

 although at least some of the trustees of the Home were in favor 

 of having the objects kept together as a perpetual memorial to 

 their deceased relative and friend. On October 28, 1905, the 

 Government filed its answer to the bill of the Harriet Lane 

 Home, claiming that the United States had established a Na- 

 tional Art Gallery at and in connection with the Smithsonian 

 Institution, by virtue of authority granted in section 5586 of 

 the United States Revised Statutes. Testimony was submitted 

 on the part of the Institution before an examiner on June 8, 



1906. The decision was favorable to the Institution, and the 

 decree of the court is of exceptional importance, since it defi- 

 nitely establishes the fact that the collection of art contemplated 

 in the fundamental act is the National Gallery of Art within 

 the meaning and intent of the law. 



