Evening star., 1937-03-16
House and Senate Approve
Separate Resolutions
on Proposal.
REMAINING FORMALITIES
PRESENT NO DIFFICULTY
Hardest Hurdle Is Cleared With
Senate Approval-Amend-
ments Stricken Out.
BY J. A. O'LEARY.

lne IlIlal parliamentary steps
necessary to complete the Govern
ment's acceptance of Andrew w
Melons art gift to the Nation prob
ably will be taken in Congress within
few days.
The House and Senate both ap-
proved the proposal yesterday, but
each acted on separate resolutions.
While further action is required to get
the stamp of both houses on the same
measure before it can go to the Presi-
dent to be signed, no difficulty is
expected in putting the measure
through the remaining formalities
When the measure becomes law
Mellon has agreed to build a S1O000,-
600 National Gallery of Art on Con-
stltutlon avenue between Seventh and
Fourth streets. He also will give the
Government his collection of art works
valued at S50,000,000, and set up a
S5,o0O000 endowment fund to meet
part Of the expense of the gallery and
to acquire additional masterpieces
from time to time
The resolution of acceptance cleared
its hardest hurdle when the Senate
passed it late yesterday, after four
hours Of controversy over some of the
terms accompanying the offer. chiefly
the manner of selecting the board of
trustees to supervise the gallery.
Amendments Rejected.
While the Senate agreed to a few
minor changes, it rejected all amend
ments which the leaders thought
might endanger the Governments
chances to obtain the S65,O0OO00 gift,
which is destined to place the Ma
tional Capital high among the art
centers of the world
The House adopted It's resolution
early yesterday while the Senate was
debating the question. The House
papers did not arrive. however, in
time to be substituted for the Senate
resolution. For that reason, when the
Senate reconvenes tomorrow. Chair
man Connally of the Public Buildings
and Grounds Committee probably will
move to take up the House measure,
strike out all after the enacting clause
and insert the Senate language.
There are only few differences in
the two resolutions, and this will put
the proposal back before the House.
which can complete congressional
action by accepting the Senate pro-
visions or ask for a conference.
The measure calls for g board Of
nine trustees to supervise the gallery,
four high Government officials and
five general trustees appointed from
private life by the regents of the
Smithsonian Institution The original
five would be chosen subject to ap-
proval by the donor, and any vacancy
among the general trustees would
thereafter be filled by the remaining
general trustees.
Debate Centers on Trustees.
Most of the long Senate debate re-
volved around this method of naming
the general trustees, group of Sena-
tors contending the Government
should have greater voice in ad-
ministering the gallery after the gift
Is accepted.
Senator La Toilette, Progressive of
Wisconsin, opened the fight with
motion to have President Roosevelt
appoint the five general trustees. He
was supported during the debate by
Senators Norris, Independent of Ne
braska; OMahoney, Democrat of
Wyoming, and Black, Democrat of
Alabama.
Majority Leader Robinson of Ar
kansas, supported by Senators Con-
nally Of Texas. N1cAdoo of California
and Green of Rhode Island, all Demo-
Gratis, fought for preservation of the
terms that had been agreed upon be-
tween representatives of Mr. Mellon
and the committee. Robinson and
Connally expressed fear the carrying
out of the offer would be endangered
If the essential terms were altered
At times the discussion was marked
by sharp verbal jabs between opposing
orators, but as the day drew to close
all except few unobjectionable
n
chorus of committee supporters with
out record votes.
Guards American Artists.
In seeking to change the set-up of
the governing board. La Toilette de-
clared he wanted to make sure the Ma
'tional Gallery would be operated in
such a way as to give encouragement
to American artists in developing the
art of today and the future.
Senator Norris took the position
that, while the donor had a perfect
right to specify terms to govern the
offer, members of Congress also had
the right to decide whether they would
accept it on those terms.
Fears Self-Perpetuation.
Senator Black stressed the argu-
ment that the bill sets up govern
Ing board, the majority of which
would be self-perpetuating body. He
said he was not so disturbed over the
method of choosing the first board as
he was over the fact that the manner
of filling vacancies makes it self
perpetuating. He also contended that,
under decisions in other cases, Con-
gress might find itself unable to amend
the terms later, even by constitu-
tional amendment, because it would be
in the nature of contract.
Senator Robinson took the view
Congress can always repeal statute
it enacts, but that a question of
breach of good faith would arise if it
should be repealed.
Senator Borah, Republican, of
Ioailo praised Mr.. Melons offer, but
indicated he was concerned over the
possibility that Congress might find
itself unahle to amend the meg SIRE