The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1904-03-27
PAINTERS WILL NOT
DECORATE CAPITOL
Court UphoIds Commissions
Right to Employ Artists
for This Work.

Local fresco painters failed to secure
the desired temporary injunction to
prevent the capitol commission from
carrying out a contract with E. w.
Garsney, by which the latter was en-
gagged to do the interior decorating of
the new capitol. Judge Kelly yester-
day decided for the defendants
The action was brought by John E.
Ryan, Charles J. Axsen, Joseph Brunk
and Jesse E. Hobrecker, members of
the Twin City Painters and Deco
rators' union, as taxpayers Of the state,
their contention being that the. work
was such as could be- done. by them,
and should have been let to the lowest
responsible bidder. t'9~
In deciding not to grant the injunc-
ton Judge Kelly, in a lengthy decision,
held that while 1t was within the pow
er of the court to restrain the commits
sion from the commission of an I'M
lawful act, the petition must be denied
on the broad ground that there is de-
cided distinction between an "artist"
and an artisan" The court gave the
Standard dictionary as authority for
this:
"Artisan-One who practices any in
dustrial art; trained workman; SUI
perior mechanic; distinguished from
artist"
ARTISAN adept in any of the fine
arts, especially in painting; one who
makes fine art, especially a plastic
art, his profession"
Having concluded that the authority
correctly separates the artist from the
artisan, the court directs its attention
to the nature of the decorations, con-
Guiding that it is the wish of all citt-
zens that the very best work shall be
done on building of such magnificent
pretensions This being so, 1t is held
that it is necessary to hold that the
decorations are either a work of art
or merely Of a character that could be
produced by an ordinary decorator. In
conclusion on this point the court says:
After inspecting the pleadings and
carefully reading all the affidavits am
clearly of the opinion that the work in its
general scope, considered as a whole, is
artistic as distinguished from work of
the artisan.
sSome of it-whether much or little ]
cannot say-no doubt might be performed
by highly skilled artisans, but the general
plan which the court must consider, re-
one artist. That artist could not and
would not, if he valued his reputation,
permit that his assistants or subordinates
(few or many be selected by others. 1t
would be simply absurd to furnish them
to him by competitive bidding.
1.-THE distinguished counsel for the
plaintiff comedies that as to certain
pieces. admitted by him to require an
artist. the boards action in employing
the artist personally is correct
"Now these affidavits show there are
required a number of large paintings
(thirty-two, it is claimed), which only an
artist of merit can undertake to produce.
1t is plain to the most casual observer
| that to make these pieces effective the
whole interior of each room containing
them must blend into harmony. And fol-
lowing this idea (unless a patchwork quilt
effect is to be had) the illustrations, what
ever their character, and the general or
namentation Of the building should be be
separate the work that clearly belongs to
the artist from that which may belong
to the artisan, without injury to both;
certainly not without @irreparable injury
to the capitol And as good citizens. 1 am
sure these plaintiffs desire no such re-
suit"
Still further on the court discourses
upon another feature in the same vein,
saying:
1.-The difference between the artist and
the artisan is the first creates, the Sec
ono executes. Each may be master IN
his line but the lines never cross. The
artisan may be ever so slzillful with brush
and colors, but unless he has that won
derful gift from God to conceive the pic
ture in the brain before it reaches the
canvas, he is not an artist. The dis
tinguishing trait. lies on the natural pow
er and not in acquired skill. OF course ac-
quired skill when united with artistic
powers go far to differentiate between ar
lists themselves"
Tie case was tried about a month ago.
Thomas CAVITY appearing for the plain