The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-11-22
THEY PASSED ON
THEIR OWN WORK
Charges Made Against Artists
Evans and Fairbanks.
EXCLUDED WORTHY PICTURE
DEFENDANTS FILE ANSWER IN
STATE PRIZE SUIT.

Edwin Evans. J. 3. Fairbanks and
Alice NJ. Horne were never duly APP
pointed as an exhibition committee of
the first annual art exhibit Of the Utah
Art institute. held in this city from
March to April 9. 1903. and conse-
quently had not the right or power TO
make an award of the $500 state prize,
according 10 the answer which the de-
PENDANTS yesterday fled in the district
court to the complaint in the suit Of
Evans and Fairbanks VS.. the Utah Art
institute, @. NJ Ottinger. $. p. Whit
taker, Edna w. Sloan, Alice N. Horne,
Alan l.. LOvey. Fl. i. A. Gunner and L.
A. Ramsey.
The suit was brought to compel the
committee to award 90 either of the
plaintiffs the state prize for one Of the
four paintings which they exhibited.
end to secure an injunction from the
court restraining the institute from Jf-
tering the $500 prize under the same
conditions that it was offered at the
first exhibit which was held in this
rity between March , and April g. When
the case came up before Judge Charles
W. Morse yesterday I'm the criminal
division of the district court it was
transferred to Judge Thomas d. Lewis
division for trial.
Answer Is a General Denial.
The answer asserts that Mary Teas
del was acting as member of the
board Of governors OF the institute in
stead Of L. A. Ramsey, as set forth in
the complaint. After denying the au-
thenucity Of the first annual exhibit
the answer maintains that the exhibit
ton committee was never duly appoint
ed. and that Evans and Fairbanks were
not qualified to pass Upon the accept
ance OF pictures owing to the fact that
they made exhibits themselves.
After admitting that Evans and Fair
banks entered for competition two pic
lures each of their own. the defendants
say that the two artists excluded the
handiwOrk Of third competitor
though it was i'm all ways worthy to
be so entered The action Of the plain
tiffs is said to have been for the pur-
pose Of preventing a free, fair and open
competition, and for the purpose of ad-
Vancing their own personal interests, -
and did attempt i'm their said pre-
tended capacity to select as worthy for
competition only their own paintings,
to the exclusion Of others equally meri-
toriOus"
The answer states further that the
pretended exhibition committee has
never made a report TO the governing
board Of the proceedings Of the alleged
exhibition, or as to its acceptance or
rejection Of paintings offered in COM
petition for the $500 prize. The awards
committee, the answer continues, has
no official Information as to what
paintings were accepted OF rejected by
the exhibition committee. except upon
hearsay evidence, and upon an un-
signed pencil memorandum furnished
by one of the committee" Although
the awards committee has demarded a
report, none has ever been rendered
from the exhibition committee, the
members refusing to give it.
No Authority to Make Award.
II is Acknowledged that the award
has not been made, and for the reason
that the committee had not the author
ity to do SO; that the selections were
not openly made: that Of the selec-
tons attempted TO be made none was
worthy to receive the prize Within the
spirit or the letter of the act creating
the art institute" After calling atten-
tion to the fact that Evans and Fair
banks had no right TO sit I'm judgment
upon their own works, the answer re-
cites the alleged fact that no two Of
the judges can agree upon any of the
paintings attempted TO be accepted fol
competition
In conclusion. the answer says that
the board of governors has not pre-
tended to hold second exhibit for the
reason that the first one was not legal
and therefore no second attempt is be-
ing made to offer the $500 state prize
the second time. In view of thu
facts enumerated in the answer. the
defendants pray that the order &c
show cause be discharged. and that the
plaintiffs complaint be dismissed and
taxed with the costs.