The sun., 1901-05-10
WORKS OF ART. DEFINED.
CEMETERY STATUES NAY BE INCLUDED.
SAYS JUDGE COIE.


Decision Of the Customs Authorities Reversed
and the Opinion Of American scalptors
on Invoice Of statasry Set Aida
Broad view OF Artistic Qualifications.
In an opinion handed down yesterday
reversing the decision OF the Board OF General
Appraisers Judge A. q. Coke Of the United
States Circuit Court discussed at some length
the question as 10 what constitutes work
Of art The opinion was rendered in the
appeal Of Townsend 4 Townsend, importers.
from the decisions Of both the Collector Of
the Port and he Board of General Appraisers,
who appraised a lot OF Italian marble eis;I-
airy imported by them as manufactures Of
marble" and not works Of art" As works
of art" the statuary would only have been
liable 20 duty Of 20 per cent sd valorem.
while under the ruling OF the Collector and
tho board the importers were required 10
pay duty of so per cent ad valorenl, which
they did under protest
Before the Board OF General Appraisers
there WAS no evidence TO show the pr a ess onal
character Of the persons who made the statu-
airy other than the declaration Of the sculptors
themselves and the Consular certificates
attached TO the invoices on the other hand.
the Government produced the testimony of
a.
gave IL as their opinion. after examining
the imported statues that the statues were
! not works Of art but we're ordinary com
mercial or cemetery" statues Judge Coke
| in his opinion SAYS that in the evidence before
them the boards decision was justified. but
| that since that time evidence has been taken
which TO his mind materially changes the
The statutes provide" SAYS Judge Coke.
J - a.At sts,ss
of a professional sculptor do not under
| stand that the court Is precluded IN deter
| mining what professional sculptor Is by
! thc opinlons OF other gentlemen VINO nIe ptor o.
they reside in this country or III the country
where tho statuary IL made suppose VI
We were TO define what professional sculp-
tor We would say among other Things that
he i graduate of an art school, man
educated In Ms profession. aud who IL capable
| of making Statgary which gives pleasing
and artistic impression 70 the eve " 10
not q question Of degree il Is not wholly a
question of the opinion that others may
entertain Of his work There are good
sculptors and bad sculptors. just as there
are good painters and bad painters.
Bat think there can be no queNtio that
picture painted by a graduate or an Art
school i painting although il Is far inferior
to tho work Of a Meissonier or Of Raphael
SO in this case these product ions may not
have all the artistic features that the Ameri-
can SCulptors, who have testified, are capable
Of putting into marble. but that cannot be
the test
If that were the test works Of art might
he narrowed down 10 the productions ot a
few men who are at the head OF their pro-
feSsion
The fact that these statues were m cant for
use IN Gem a. cries Judge COKE held 10 be en-
| tirely iulanterlal, because some OF tho most
beautiful -tatuarv in the world is found in
| cemeteries For instance says the Judge,
those IN tho Pere la Chaise, the etery at
Genoa, or even in our own Greenwood
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