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It was clearly the intent of Congress in this law to provide separate classes of members of this Board of Trustees according to their relationship to Mr. Joseph H. Hirshhorn. Since this Board will become the most powerful such board in the United States—controlling the destiny of the Federal position in contemporary art "in perpetuity."—it would be totally improper that all the appointed members should be friends and associates of Joseph H. Hirshhorn.

Thus, Mr. Hirshhorn was allowed to pick only four of the members, who would be, presumably, his friends and associates.

The law required that the Board of Regents of the Smithsonian Institution pick the other four—obviously intending that these four should not be friends and associates of Mr. Hinshhorn.

Especially since Mr. Hirshhorn was known to possess a dubious past, including associations linked to the Mafia, it was necessary to guarantee that this important Federal board of trustees would not be completely controlled by Mr. Hirshhorn and his friends and associates.

Examination of the list of appointments reveals, however, that all eight have long associations, personal associations, with Mr. Hirshhorn.

Of the four nominated by Mr. Hirshhorn :

(1) IMr. Arnason has been employed by Mr. Hirshhorn as early as 1962 to organize exhibitions of the private and Hirshhorn-Foundaticm collections, and to write catalogs thereto; Mr. Arnason was the single authority to foster the "gift" of the Hirshhorn collection under the arrangements for the Smithsonian's Hirshhorn Museum and Sculpture Garden.

(2) Miss Houghton has been acquainted with :\Ir. Hirshhorn for a number of years, having met him through her brother in Corning. N.Y.

(3) Mr. Schreiber, a major fundraiser for the Republican party in California, where Mr. Hirshhorn maintains a Palm Springs home, has been a friend of Mr. Hirshhorn's for several years.

(4) Mr. Wallis. a major fundraiser for the Republican Party in California, has been a friend of Mr. Hirshhorn's for several years.

Of the four supposedly nominated by the Smithsonian Board of Regents:

(5) Mr. Block has been a friend of Mr. Hirshhorn's for at least 15 years and frequently visits him in New York and Greenwich, Conn.

(6) Mr. Cummings. a major fundraiser for the Republican Party in California, has been a friend of Mr. Hirshhorn's for several years.

(7) ]Mr. Hamilton, formerly of New Haven. Conn., not far from Mr. Hirshhorn's Connecticut residence, has known ^Ir. Hirshhorn for several years.

(8) Mr. Moynihan has been acquainted and associated with Mr. Hirshhorn, in his relation to Mr. Nathaniel Owings, whose achitectural firm designed the Hirshhorn IMuseum and Sculi)ture Garden, since the early sixties. Mr. Moynihan was involved with ]\Ir. Owings in the Pennsylvania Avenue plan, which annexed the plan to redesign the ]\Iall. which included Mr. Hirshhorn's memorial museum.

These facts indicate that the appointment of the membership of the Hirshhorn Board of Trustees was coimter to the intent of Congress in Public Law 89-788 and is, therefore, null and void.

The Subcommittee on Department of Interior and Related Agencies of the House Committee on Appropriations is fortunate in its work. Providing money for national parks and art museums is something like funding a childi'en's hospital or the church—the purpo.se is such a good one that if a few dollars do go astray it seems a small price to pay for the spiritual, moral, and intellectual benefits derived.

It is for this very reason, however, that the watchdog functions of this subcommittee must be applied vigorously. The public expects the Defense Department to be a wastrel and gets what it expects—a recent General Acrountins: Office report reveals that Defense cannot account for some .$2 billion of expenditures in the last few years. Such an agency as the Smithsonian Institution, however, is held in such high regard that, when irregularities appear, the public rightly feels that a sacred trust has been betrayed.

Intellectual dishonesty, irregular procedures in the arts, a memorial to a confidence man, financial mismanagement, involvements with a convicted criminal, public money diverted for yacht trips and soirees in "art palaces" for the limited pleasure of a handful of Smithsonian officials and their friends—these are not activities that the public can accept when associated with the Smithsonian Institution.

It should be unnecessary to employ deceit in any way in justifying appropriations for the arts and sciences.

Mr. Simmons. My name is Eobert H. Simmons. I am a freelance writer from Falmouth, Mass., and Washington, D.C. This statement which is followed by a supplemental statement is very brief and mainly concerns the Joseph Hirsliliorn Board of Trustees which was appointed last year by President Nixon.

Before I speak on that, I would like to mention one part of the latter section of my statement which involves charges that seemed to have been made before this subcommittee last year about anti-Semitism which were unfortunate, I think, and certainly don't apply to me. I am certainly not against Mr. Hirshhorn in any way. I am not against the Hirshhorn Museum because he is a Jew. I am not anti-Semitic in any shape or fashion. I would like to go clearly on the record. The word implies that I am, and I do not accept that.

As I point out in my statement, among other things, the portrait of Albert Einstein, which was illustrated on the cover of the Saturday Review a couple of years ago, is from my collection that hangs in the National Portrait Gallery and is one of the few portraits of Jews that hangs in the National Portrait Gallery. I didn't give them the portrait. They bought it. But I did give them a drawing of Einstein's hands which is by the same artist. I gave this because Mr. Einstein is one of the greatest men of all times. He became an American citizen. I thought he deserved, in my estimation, to hang there.

Questions were raised before this committee about the legality of the Hirshhorn Museum and especially for appropriations being given to salaries and expenses for the Museum, this year will total $2,048,000.

Questions were raised for three reasons. One, because the Museum had no Board of Trustees. Two, because it had no collection of art, because the collection actually belongs to Mr. Hirshhorn and he won't give title to the Govermnent until after the museum building and the sculpture garden are completed. Three, because it has no museum building and scultpure garden.

In answer to these questions, the Smithsonian, as you will see in examining the statements, just didn't bother to answer the questions about the Board of Trustees. They admitted that there was to be no collection of art until after the museum building and sculpture garden are finished.

They admitted, of course, that it is obvious that the building is a long way from being finished. The Board of Trustees was appointed in the last year.

In general, the law says that the Board of Trustees shall be made up of three classes of membership. The first class is ex officio, the Chief Justice and the Secretary of the Smithsonian. The second class, the general members appointed by the President, four from a list submitted by Joseph H. Hirshhorn, with nominations by him. The third class are four general members who will be appointed by the President from a list submitted by the Board of Regents of the Smithsonian Institution. It was clearly tlie intent of Congi'css in this hiw to provide separate classes of members to this Board of Trustees according to tlicir relationship to Mi-. Joseph H. Hirshhorn.

Since this Board will become the most powerful snch Board in the TTnited States, controlling the destiny of the Federal position in contemporary art in perpetuity, it should be, and it would be, totally im-

proper that all the appointed members should be friends and associates of Joseph H. Hirshliorn. Thus, Mr. Joseph H. Hirshhorn was allowed to pick only four of the members who would be, presumably, his friends and associates.

The law required that the Board of Re2:ents of the Smithsonian Institution pick the other four, obviously intending that these four should not be friends and associates of Mr. Hirshhorn.

Especially since Mr, Hirehhorn was known to possess a dubious past, which is reviewed in this statement in the pages just previous, including associations linked to the Mafia, it was necessary to giiarantee that this important Federal Board of Trustees would not be completely controlled by Mr. Hirshhorn and his friends and associates.

Examination of the list of appointments reveals, however, that all eight have long associations, personal associations, with Mr. Hirshhorn.

One, Mr. Arnason, has been employed by Mr. Hirshhorn as early as 1962 to organize exhibitions of the private and Hirshhorn-Foundation collections, and to write catalogs thereto. Mr. Arnason was the single authority to foster the "gift" of the Hirehhorn Collection under the arrangements for the Smithsonian's Hirshhorn Museum and Sculpture Garden.

Two, Miss Houghton has been acquainted with Mr. Hirshhorn for a number of years, having met him through her brother in Corning, N.Y.

Three, Mr. Schreiber, a major fundraiser for the Republican Party in California, where Mr. Hirshhorn maintains a Palm Springs home, has been a friend of Mr. Hirshliorn for several years.

Four, Mr. Wallis, a major fundraiser for the Republican Party in California, has been a friend of Mr. Hirshhorn for several years.

Of the four supposedly nominated by the Smithsonian Board of Regents, the fifth, Mr. Block, has been* a friend of Mr. Hirshhorn for at least 15 years and frequently visits him in New York and Greenwich, Conn.

Sixth, Mr. Cummings, a major fundraiser for the Republican Party in California, has been a friend of Mr. Hirshhorn's for several years.

Seventh, Mr. Hamilton, formerly of New Haven, Conn., not far from Mr. Hii-shhorn's Connecticut'residence, has known Mr. Hirshhorn for several years.

Eighth, Mr. Moynihan has been acnuainted and associated with Mr. Hirshhorn, in his relation to Mr. Nathaniel Owings, whose architectural fiiTTi designed the Hirshhorn Museum -and Sculpture Garden, since the early sixties. Mr. Moynihan was involved with Mr. Owings in the Pennsylvania Avenue ])lan, whicli annexed the plan to redesign the mall, which included Mr. Hirshhorn's memorial museum.

These facts indicate that the appointment of the membership of the Hirshhorn Board of Trustees was counter to the intent of Congress m Public Law 89-788, and is, therefore, null and void.

That is about all I really wanted to say.

Mrs. Hansen. Thank you.

We will adjourn until tomorrow morning at 10 o'clock.