Evening star. [volume] (Washington, D.C.) 1854-1972, 1901-02-09
THE SHERMAN STATUE
CONTRACT FOR 1T TERMINATED
WITH SCULPTOR'S DEATH.
Controller of the Currency Renders
Such n Decision on the
Subject.

The controlIer of the currency has rem
dered the following decision to the Secre-
tary of War regarding the completion of
the, statue to Gen. Sherman:
by your reference of the 31st ultimo, I
have received certain papers relating to the
contract of the late Carl Rohl-Smith for the
erection of the statue of the late Gen.
Sherman. You ask the specific question:
w neither there is any objection to granting
an extension Of the contract to the personal
representatives of the deceased sculptor, 1t
being to the interests Of the United States
that the contract be so completed?'
1.-The contract of July 5. 1892 (27 Stat, 74
appropriated $4,000 for the erection of a
March 2, 1895 t2S Stat. 945), made an ad-
ditional appropriation Of 100000 for the
completion of said statue. The Society of
the Army of the Tennessee provided S11,
600 additional making in all S91 coo avail
able for the work.
Terms of Contract.
"On November 1S 1896, contract was en-
tered into with Carl Rohl-Smith, wherein,
among other things, he agreed to design,
within four years from the date of signing
this agreement, bronze equestrian statue
of the late Gen. William Tecumseh Sher-
man, together with a granite pedestal there
for. etc.
He also agreed that he will himself
model and design said equestrian statue and
other bronze work. and will not devolve
such portion of the work upon others
The consideration for all the work re-
quired for this contract was the lump sum
of $4,000, to be paid in installments from
time to time as the work progressed
$4,000 to be paid by the United States and
$1,000 by the Society Of the Army of the
Tennessee.
The time fixed for the completion and
delivery OF the work was November II,
1900. Mr.. Rohl-Smith died August @, 1900,
and before the completion of the work Dur
ing his lifetime he was paid more than half
of the $4,000. How much work was act
ually done before his death does lot appear.
Conclusions of the ontfolIer.
THE contract under consideration re-
quired the personal services of Rohl-Smith
that is, his artistic skill and ability on part
Of the work, and as a lump SUM was pro-
vided for the whole. 1t must be regarded
as an indivisible contract in which personal
skill and ability was required. The death
of the artist makes 1t impossible now to
utilize his services, and that, too, without
his fault. This being the case, his con-
tract, so far as it remained executory, must
be considered as having terminated at his
death without power Of revival or exten-
sion as an executory contract. His death
released Rohl-Smth from all legal obli-
cation to complete the work.
Il am of opinion that 1t should first be
determined what, if any, amount is now due
Rohl-Smith for services rendered by him,
thereby ascertaining what sum remains
available for the completion of the statue
as required by the contract. When this
has been done, 1 think you would be au-
thoriZed to enter Into q new and independ-
ent contract with such person or persons
as you deem proper for carrying the work
to final completion, subject, however, to
this limitation, that the consideration to be
mi wi
amount already paid and to be paid Rohl-
Smith, exceed the total sum stipulated in
the contract for the erection Of the statue
with all that pertains to it."