Art of the Steal, The (2013)

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Art of the Steal, The (2013)

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(feedback and reverb)

(soft dramatic music)

(Music continues)

Well, hello everybody.

This is a fabulous day

for Philadelphia,

and we have some wonderful news

for you,

and I am so proud

to present to you

the mayor of Philadelphia,

the mayor of arts and culture,

John Street.

(applause)

- Thank you,

and good afternoon, everyone.

Now, let me see,

what kind of day am I having?

(laughter)

Um, actually it is a very,

very special moment

for all of us here

in the city of Philadelphia.

This has been--

this has been a journey,

and we're not

completely finished yet,

but let me tell you something.

It's one of those things

that will make our city special

for a long, long time.

You will not be able

to go to Houston

and see the Barnes Collection.

You won't be able

to go to Boston.

You won't be able

to go anywhere else.

If you want to see it,

you come to the city

of Philadelphia.

And so it is

with a great sense of pride

that we come here today

so that the Barnes Collection

can be moved from...

Lower Merion?

- Merion.

- From Merion...

Actually,

I pause to tell you

that I was on a bike ride

not too long ago

and rode right past the place.

And I said,

"See you soon..."

(laughter)

In the city of Philadelphia

on the Benjamin Franklin

Parkway.

(frantic piano music)

- You know, this is a story

which should have been told

as it went along.

(tape cassette clicks)

- It is the greatest act

of cultural vandalism

since World w*r II.

(hard rock music)

- It's been a circus.

You know, he couldn't take

the paintings

up to heaven with him--

or hell

or wherever the heck

he wound up.

(Music continues)

- The name of the game is,

if you're gonna leave

your paintings somewhere,

don't let there be

a politician

within 500 yards.

(Music continues)

- It's America's treasure to be

untainted by these att*cks.

(Music continues)

- Culture has become

big business.

Culture is an industry.

There's a culture industry

that requires new product.

(Music continues)

- This is about humanity,

but you can't put

dollar signs on that.

I mean, obviously,

you destroy something fragile

when you do that.

(Music continues)

- It's an example

of something that's happening

all across the society,

and this is just one

nice little microcosm

that we can look at carefully.

(Music continues)

- No one knows this story.

This is a hidden story,

and it's a big, big scandal.

(Music continues)

This is the scandal of

the art world in modern America.

(Music continues)

(cassette clicks and whirs)

- The Barnes is one of the Iast

great personal collections

in the United States.

The fight now

is over how closely

the foundation

Barnes established

should follow Barnes's wishes.

Here were Modern paintings

so important

that they were the envy

of virtually every art museum

in the world.

(birds chirping)

- This is the treasure trove

of, uh,

the Modern art of America

and of the world.

And this is the best of the best

of the best.

- When you go through

the Barnes Collection,

it is jaw-dropping.

Your mouth falls open.

You can't believe

you're seeing this.

And then you go

in another room,

and it's more and more

and more and more.

It's just incredible.

- I had an art handler there,

and the first time she picked up

the Van Gogh Postman to move it,

she walked about three feet,

she put the painting back down

very carefully,

and she sat on a bench,

and she cried.

- They've got more Cezannes

than the entire city--

than are in the entire city

of Paris.

There's 181 Renoirs,

wall to wall.

The joy of life is always cited

in everyone's art book

because it's such

an important painting

in the history of art.

Picasso: 46.

Seven by Van Gogh.

Six by Seurat.

The Seurat Models, now,

of course, that really is

sort of a spectacular thing

that there is no equal for.

- Uh, simply the concentration

of the work

of these particular masters

is unrivaled.

The Louvre doesn't have it.

The Museum of Modern Art,

the Metropolitan Museum,

they don't have it.

- If you've been

to any other museum,

you're used to walking in

and seeing

these white walls

and these paintings hung up.

You know, it's like

a shopping experience.

- Barnes wasn't interested

in a mass experience.

He was interested

in a quality experience.

- The rooms are intimate.

They are not made

to accommodate

industrial-strength

Smithsonian-sized crowds.

- The Barnes Collection

is arranged not by period,

not by artist,

but by aesthetic values.

- You can see that a Cezanne

and a door lock

and some furniture

are all grouped together.

Well, he had a reason for this.

- It's a completely

different way

of understanding

a work of art

and one's experience

of a work of art.

- We see this collection

with a very interesting

personality stamped on it.

- The Barnes Foundation

is the single most important

American cultural monument

of the first half

of the 20th century.

- From an arts

and cultural point of view,

it is not a little place.

It's an absolutely essential,

critical,

earth-shakingly

important place.

(birds chirping)

(record needle crackling)

(projector whirring)

(brassy jazz music)

- Well, Albert Barnes

I've come to think of

as really

an extraordinary character,

because, I mean, he's--

he tends to be dismissed

as this sort of

a bizarre curmudgeon.

But in fact,

I think he's sort of--

something of a genius.

- Dr. Barnes is

a particular interest of mine

because I'm fascinated

that this working-class man

from Philadelphia

who's boxing to help pay

his university fees,

how this young man creates

one of the most

beautiful collections

of Early Modern art

in the world.

- He was a brilliant kid

who came up out of the smoke

and became very successful.

(Music continues)

- Dr. Barnes made his way into

the University of Pennsylvania

and then its medical school.

He realized

that there was a market

for a substitute

for silver nitrate,

which, at that time,

a drop or two was put

in the eyes

of almost every baby born

in America

to protect them

from venereal disease.

- # VD is for everybody #

- The product which Barnes

had come up with

was something called argyrol.

- Barnes marketed something

that solved a huge problem

and, you know,

the wealth that would

come from it--

imagine today that you had

invented, you know,

a cure for AlDS.

Glackens,

a friend from Central High,

who was an artist,

introduced Barnes to art.

Barnes, being

this curious type,

immersed himself in it

in the same way

he immersed himself

in any other objective

scientific problem.

He wanted to learn about it;

he wanted to understand it.

But here he was

in Philadelphia.

And at that rate, Philadelphia

didn't have a clue.

- The money people

who were very conservative

did not have a sense

of progress.

Barnes did.

(accordion music)

- Well, he'd started going

to Paris,

you know, trying to understand

what was happening

with Modern art.

- Barnes's taste

is pretty well formed

in about two or three years,

and he has a feeling

that Renoir and Cezanne

are the pillars

of the Modern movement.

He also then sees

that Matisse and Picasso

are the continuators

of this great tradition.

- Barnes was way ahead

of his time.

He was ahead of his time

artistically, intellectually,

culturally, politically.

He collected some

of the greatest art

in the history of the world

at a time when

the American art establishment

regarded this art

as inaccessible

to audiences

and of little value.

- Just think,

the Museum of Modern Art

was in existence.

The Philadelphia Museum of Art

was in existence.

These were his competitors.

The Met had been around

for 30 years.

It's this extraordinary moment

where one man was able

to buy some

of the very greatest works

before museums were competing,

before MOMA and Philadelphia

and Boston

were actually saying,

"We have to buy these artists

as well."

- There's always been

this tension in the art world

about the Barnes Collection,

because there-- there is this

truly phenomenal collection

that the museum world

can't get their hands on.

(car horns honking)

- We're at Sotheby's

at a preview

for their big lmpressionist

and Modern sale.

(background conversation)

I mean,

there's a Van Gogh there

which is a nice picture

by a great artist.

This is not a great Van Gogh.

They're estimating $35 million.

I suspect in this market,

with this liquidity,

that-- that-- that-- it will go

much higher than that.

It's not Barnes-worthy.

He would have not bought

that Van Gogh,

but it is a Van Gogh.

Barnes wouldn't even look

at that painting.

Some pictures are unattractive

and significant.

Some paintings are attractive

and insignificant.

This is both unattractive

and insignificant.

I mean, the one last night

at $35 million

was a much better painting.

That was a good Matisse.

I don't think it was good enough

for Barnes to buy.

And the Cezanne here is...

not even a shadow

of a Barnes Cezannes.

This is estimated

at $7 million to $9 million.

I couldn't even hang it

in the same room

as The Card PIayers.

But The Card PIayers

would be probably beyond

certainly any

individual's capacity.

I mean, how much money

is in any one place?

The Getty couldn't afford it.

You'd need some sort

of a nation to buy it.

- Now 0011.

- You're gonna see prices

in the contemporary sales

that will make your head spin.

- Let's start the bidding

at $20 million,

at $20 million here,

$20 million.

- For things

that are not even scarce,

Iet alone important.

- $35 million and fair warning.

Last chance.

Selling then for $35 million.

(gavel clacks)

- There certainly aren't

any collections

Iike the Barnes anywhere anymore

in private hands.

(soft piano music)

- What is a collection

Iike this worth?

- Oh.

(sighs)

Look, there's some things

in the collection that...

one can't even begin

to calculate.

I-- I-- I could go through

the inventory,

painting by painting,

and a lot of them

I could come up with

some kind of a number.

But some things in there,

I just--

nobody could figure out.

The Matisse La Danse,

nobody could figure out

what that's worth.

We don't know.

There's been nothing like it.

There never will be.

(sighs)

It's worth billions.

I have no idea what it's worth.

The Cezanne Card PIayers,

I mean, what is it worth?

$500 million,

or the other one $500 million?

I mean, we're talking

about billions and billions.

(Music continues)

- The initial exhibition

of the Barnes art

took place in 1923

in Philadelphia when Barnes

exhibited the collection

at the Academy of Fine Arts.

Barnes had great faith

in his native abilities

and his eye.

He knew that he was

in the major leagues

of collecting the greatest

post-lmpressionist art.

- He was passionate about

pictures, you know, passionate.

And there was a passion

in sharing it too.

(dramatic music)

(Music continues)

- The art critics,

The Philadelphia Inquirer

and other people,

they just trashed

the collection.

They said,

"Oh, this is not art;

this is scribbling."

- It was greeted

with caustic outcries

from the traditional stuffy

Philadelphia art critics.

And Barnes was dismayed.

I mean, he was just dismayed

to have these provincial yahoos

who thought of themselves

as sophisticated art critics

just denounce him.

I think it must have had

a profound influence

in his dealings with them

for the rest of his life.

- He determined

that never, never

would they get their hands

on this art.

(ominous music)

(Music continues)

- A principal reason

that he established

his foundation where he did

was to get it away from

the downtown interests

in Philadelphia

that ruled the city,

from the newspaper

to the art museum.

- He talks about

in one of his books

rich people using artwork

as upholstery for their homes.

He didn't want that to happen

with this.

The other robber barons

were busy making monuments

to themselves.

Barnes wanted to make something

that would educate,

so he used his collection

to form a school.

He really wanted to be taken

seriously as an educator

and that this project

be seen seriously

as a real new step

in Modern education.

Dewey recognized that.

He was a very

serious philosopher,

and one of America's

great contributions

to philosophy and education,

really embracing

what Barnes was doing.

- If you've spent time

at the place

and you've gotten a sense

of what it's about,

you know that it's a very,

very important place.

And it's not important

just because it has

great, great paintings.

The entire thing

is the realization

of a set of ideas.

Dr. Barnes created this

perfectly appropriate building

in the midst of

a beautiful garden and grounds.

Barnes there assembled

works of art

from all over the world

and from all different times,

and he put them

on an equal plane.

And he arranged it

in such a way

so that the art speaks

to each other in a certain way.

It says something

about humans everywhere.

It says we're the same.

It says

that African-Americans

are no different

than Latin-Americans

and Asians.

We experience life in,

you know, in the same way.

We show it in different ways,

but the basic fundamental

experience of life is the same.

This is one of the many things

that they say

at the Barnes Foundation

that makes so much sense--

that art isn't something

separate from life.

It is life.

(birds chirping)

(rock music)

(Music continues)

- Years later, the artwork

had come to be

recognized as important.

Everyone was so offended

that they couldn't go

because it was closed

on a Monday and,

"How dare you?

I've shown up

with my chauffeur."

Well, f*ck it.

Barnes didn't really care

about your chauffeur.

He had a school to run,

and he saw that very seriously.

(Music continues)

- The hatred of Barnes

in Philadelphia was fierce.

- People didn't like him

'cause he insulted people.

- He didn't have much regard

for Philadelphia society.

- Oh, Dr. Barnes was

extremely inflammatory

towards his contemporaries.

- He liked to fight,

but I don't think

he would pick on anybody small.

It was always...

- Somebody would write,

would say,

"I'm the art critic

of The New York Times.

Can I come in

to see the art? "

And Albert Barnes would write,

"No,"

and he'd have his dog

sign the letter.

But if you said,

"I'm a plumber in New York City

and I want to come see

this art,"

he'd say, "Okay, come in."

(Music continues)

- Barnes never forgot,

no matter how rich he was,

that he'd grown up a poor boy

in turn-of-the-century

Philadelphia,

and this set him at odds

not only with the arts

and culture community

but with

the political community.

He was a New Deal

liberal Democrat.

This particularly put him

at odds

with the family that owned

The Philadelphia Inquirer,

which was clubbable

and muffled and Waspy.

(Music continues)

(man whistling)

The Inquirer was the organ

of Moses Annenberg

and his son,

Walter Annenberg.

Here is a bona fide plutocrat,

a right-wing Nixonian,

as he later would be,

ambassador to the court

of St. James.

It's like gone back

to wearing knee breeches

and these ridiculous costumes.

How more ludicrously right-wing

could you possibly be?

This man who liked

to phone Richard Nixon

in the middle of the night

and share jokes together.

- Barnes and he were always

at odds, always fighting.

The Philadelphia Inquirer was

always attacking Albert Barnes

for not opening it

to the public,

not doing the things

they thought it should do,

but he did the things

he thought he should do.

And it was his art.

Why couldn't he do

what he wanted?

- One of the problems

with Walter Annenberg is,

his father

was a gangster, okay?

He went to jail

for tax evasion,

which is what all gangsters

go to jail for

unless you can really

catch them, you know,

with the Kn*fe in their hand.

- In the end, the feds agreed

to give his young

callow son Walter

a pass if the old man

copped out and took

a longer term.

So his father was sent off

to federal prison

and was only released as

he was dying of a brain tumor.

And this is something

that Walter Annenberg

never forgave

the Democrats for.

It was often said

that Albert Barnes realized

this lifetime of animosity

from Walter Annenberg

because he said nasty cracks

about Moe Annenberg

and his income tax problems

and, you know, the racetracks

business and the mob.

But there's no doubt

that Walter Annenberg,

who for many, many years

would dominate the world

of Philadelphia journalism,

hated Albert Barnes

with a passion.

(up-tempo string music)

(Music continues)

Barnes was a very,

very, very shrewd person,

and one of the things

that Albert Barnes learned

was the value of a good lawyer,

and Barnes's lawyer is a man

named John Johnson.

Johnson was a great patron

of the art,

whose art today is one

of the cornerstones

of the

Philadelphia Museum of Art.

Now, this, however,

was not as Johnson

had wished it to be,

I might say.

John Johnson intended his art

to be seen

as a gallery in his home

on Broad Street

in Philadelphia.

- Poor Johnson had said,

"Look, I'm gonna give you

this collection to look at.

"Part of the bargain is,

you know,

keep my end up of it."

- Well, after his death,

the house was demolished

and the paintings were moved

into the Philadelphia Museum

of Art,

where they have been

a cornerstone ever since.

Johnson's art was, in effect,

legally stolen

by the Philadelphia--

the powers that be.

- They argued that the building

was a firetrap

and that the paintings

were a danger

and that they'd be

much better off

in this new building.

"Let's get the paintings

out of there

and bring 'em up

to our new museum."

So, yeah, he got screwed.

- Barnes was so appalled

by this naked thievery

that he became determined

that the political

and arts community

of Philadelphia

would not steal his art.

(dramatic music)

Well, Barnes, as he always did,

he turned to the best lawyers

he could find

to draw up his will.

The goal had always been

to keep the Barnes Foundation

as a freestanding

educational mission,

not to fold the Barnes

into the Philadelphia Museum

of Art,

and certainly not to turn

the Barnes itself

into an art museum.

And it was to be housed

in the building

that Dr. Barnes had put up.

- So he wrote this very sort of

rigorous document.

He said,

"lt shall always be preserved

"as an educational institution.

"lt can be open two or three

days a week to the public,

"but four or five days a week,

"it shall be

solely and exclusively open

"to students and educators

of art.

"The collection

shall never be loaned.

"The collection

shall never be sold.

"The democratic nature

of this institution

shall be preserved

for all time."

- He tried to create

a collection

that was proof against

commercial exploitation.

If it remains

in the same place,

if it simply hangs on a wall,

if it can never be lent,

if it can never be sold,

the commercial exploitation

of it has a value of zero.

- He sought to preserve this

as a school,

so maybe naively,

in perpetuity, right?

But anyone who ever writes

a will or anything like this

thinks it's gonna go on forever.

(dramatic music)

- And so it was--

Barnes was in his roadster,

traveling between

his country place

and his home in Merion,

when he was instantly k*lled.

(Music continues)

- It was-- it was a shock.

(Music continues)

And I thought,

"l only hope we can keep

the spirit

of Dr. Barnes's ideas alive."

- The question then arises,

as it invariably does,

what did Albert Barnes intend

for the control

of the great

Barnes art collection?

(somber music)

- So then he d*ed in 1951,

and here we have

Violette de Mazia,

one of the great characters

ever, really,

in the art world,

who originally came

to the foundation

to give French classes.

And she becomes

his right-hand person,

his great supporter,

his collaborator,

his disciple,

and she's in charge

basically for 30 years.

- After Dr. Barnes d*ed,

she became president,

and she ran it

the way it had been run before.

- She was just passionate

for teaching.

She poured her life into this.

- Well, hell, it wasn't a job

to Ms. de Mazia and Dr. Barnes

and those of us

who taught there;

it was our life.

We were painters.

We cared about it.

It wasn't just a job.

- Through the Barnes teaching

and Ms. de Mazia teaching,

so many hundreds of people

have said,

"lt has changed my life."

- All I can say is,

the people who took the course

loved it.

And that, to me,

was a satisfactory reason

to perpetuate

the Barnes as it was,

which was a school,

not a museum--

that's very clear

in the trust indenture--

and that the paintings

were hung

for didactic purposes,

and not merely because

it would be the convenience

of people walking into a museum.

- Well, almost immediately after

Barnes's death,

the foundation found itself

subject to a frontal as*ault

by none other than

The Philadelphia Inquirer

publisher, multimillionaire

Walter Annenberg.

- Annenberg starts

this campaign:

"Oh, the Barnes Foundation

is not letting the public in.

They're violating their tax

status as a charity."

- Annenberg had all the money

in the world,

and he was determined

to crush the Barnes,

and he didn't dare try

to crush the Barnes

when the old man

was still alive

and was a tough nut

to begin with.

(Music continues)

- When they opened up

the foundation--

I never knew it was

in the works.

The day they opened it,

she called me up and said,

"They're letting

the public in."

I think she was in tears.

Well, these people crowded in.

I mean, one guy was out

in an hour.

He said he saw enough

fat ladies for a day.

And that was--

that's the art lover.

- Annenberg is seen

as the guy

who got the attorney general

and the state supreme court

to make the Barnes Foundation

be open to the public

at times that it wasn't supposed

to be.

And so Annenberg is seen

as taking

the first little cr*ck

at Dr. Barnes' trust.

- Once everybody's dead,

they'll do what they want,

and nobody cares

about what it was.

That's why it was important

to me to emphasize

that it's a school.

- Well, I think he always

was worried

that the artwork would become

so valuable

that it would overpower

his educational ideas.

- You know, people see art,

what do they think?

Paintings, money, tourism.

It's become just the norm

for art to be traded

for blockbuster shows,

you know, to trade the art,

move it around, you know,

make money off of it,

and there is all this great art

that the museum world

doesn't have access to.

- We had requests from various

museums around the country.

"Would you please lend us

two paintings?

"We'll pay all the costs,

and we'll send armed guards

and whatever."

And de Mazia said,

right there in the document,

the paintings will never be

removed from the walls,

absolutely no, never.

De Mazia was considered to be

the last living direct apostle

of Dr. Barnes and his method,

and everything went according

to Ms. de Mazia's wishes.

- The atmosphere

had always been,

"It's for the classes;

this is what it's for."

Everything about it

was personal.

De Mazia was

a real personality.

It was a handmade thing

in a machine world

as long as she was alive.

(dramatic music)

(Music continues)

- When she d*ed, she was,

as I said, 89.

She d*ed on a Friday

in September at 1:40.

(chuckles)

- Well, everything changed

because Ms. de Mazia d*ed,

and with her death,

the question then is,

whose hands would inherit

the Barnes?

Barnes was married,

but they had no children,

so no doubt

the academy assumed,

no doubt the University

of Pennsylvania assumed

that they would inherit,

eventually,

control of the foundation.

However, Barnes kept

changing his will--

of this, there's no question--

but he just didn't

tell anyone this.

- Albert Barnes created the

foundation with five trustees

with the power

to control the foundation.

After the last of the trustees

that he had appointed d*ed,

ultimately they elect de Mazia.

Now, the rub then became,

"Who gets to appoint them? "

- As everyone knows,

Barnes was a misanthrope.

He had his delicate ego

badly bruised

by the Philadelphia

establishment,

and he had a long

and difficult memory.

- Ultimately, his will left

the control

of the great Barnes art

to Lincoln University.

- When he got Lincoln there,

it was just the farthest

possible imaginable thing

in the social scene

as it then existed.

- Lincoln was, if you were

a black man in America,

one of the places to go to get

a really quality education

at a time when there was

segregation and whatnot.

- My father was president

of Lincoln University,

and he befriended

Albert Barnes,

and from that friendship

began a relationship

between Lincoln University

and the Barnes collection.

Barnes was one of those

rare Americans

who was openhearted

about black people.

You know, in his factory, he had

an integrated working force

when almost no

industrial operation

in the whole of the country

had that.

And he thought,

maybe in the back of his mind,

"How can I stick my finger

in the eyes

"of the Philadelphia

art establishment?

"I'll show 'em.

I'll give it to this little

black college."

- Whether, you know,

his long-range objectives were,

number one,

just getting revenge

on the Philadelphia

establishment,

I think he said,

"Boy, you know,

I can trust these people.

"They're not part

of that awful establishment

that I hate so much."

- Fast forward to 1990,

Lincoln is this state school

that doesn't get

enough state funding,

that can't raise enough money,

and if you're a trustee

of Lincoln,

why wouldn't you use

this new asset that you have

to raise some money

for your school?

- Franklin Williams,

this diplomat/lawyer,

was made the president

of the Barnes Foundation,

and he really understood,

as probably most of

the Lincoln trustees didn't,

that he and Lincoln

were becoming custodians

of the world's greatest

post-lmpressionist

art collection.

(bluesy rock music)

(Music continues)

- Franklin Williams established

an art advisory committee

of notable people

from around the country

in the art world.

- Franklin Williams wanted

to pick the right people,

so I went back,

and I drew up a list

with all museum people

but very well-known ones.

- Lincoln University felt

it really should look

to the outside

to help it figure out

what to do with this place,

which is a perfectly reasonable

thing for them to have done.

- It would be a resource

to use as they chose,

understanding the terms

and conditions

of Barnes' trust,

and it would have just made

both of them flourish.

It would be...

It's indescribable

what might have happened.

(Music continues)

- Also on the Lincoln board

at this time

was this incredibly

ambitious lawyer

named Richard H. Glanton.

He has designs on being

mayor of Philadelphia,

maybe even senator.

His ambitions know no limit.

Glanton has already been

going around telling people

that he's going to run

the Barnes.

But as I say, between Glanton

and the Barnes

and perhaps many

of his other ambitions

is Franklin Williams.

What no one could have

anticipated is

that almost immediately

upon becoming

president

of the Barnes Foundation,

diplomat/lawyer

Franklin Williams

discovers he has a very virulent

form of cancer

and within the year is dead.

(Music continues)

- When I came there,

the perception was that

this dummy is fresh meat

for us to devour,

and he's just

a smart political guy,

but he doesn't know anything

about art,

so we'll rule while he reigns.

And...

(chuckles)

I was not born that way.

- I got a call

from Richard Glanton,

who said,

"Why don't I meet you

"at the Union League

and let me buy you lunch

and pick your brain? "

So I said, "Sure, why not? "

He said, "I've got big plans

for the Barnes.

We're gonna make

a lot of money."

And I said,

"Why do you need money?

"We've got the original

$10 million in there.

"It's yielding a couple

hundred thousand a year,

"more than we need

to run the place.

What's the point

of all of this? "

And Glanton says,

"I'm gonna put this whole thing

on the map.

"I'm gonna do whatever it takes

"to build up as much money

as I can get.

"Don't worry, Dave.

I've got it all figured out."

"Oh, okay.

"Well, you know, if that's

the way you're gonna run it...

"You're a majority

of the trustees now.

But thanks for lunch."

- Mrs. de Mazia,

God bless her soul,

really did the best she could,

but for 50 years

following Barnes's death,

or 40 years,

the money was mismanaged.

The building had

water running in it.

All of the windows

were just rotting.

The HVAC system didn't work.

- We've got

conservation problems.

We've got, you know--

we need climate control,

all of which, frankly,

as a museum person,

seemed perfectly reasonable.

At the time, when we were

on this little committee,

it was very clear

that you could work out

a plan to try

to raise money,

'cause everybody in the world

would want to save

the Barnes Foundation.

So that was what we suggested,

and that's precisely

what Richard Glanton, et al,

did not want to do.

They were about to figure out

how to do something

that was clearly illegal

and unethical,

which is what they did.

(Music continues)

- Richard loved being president

of the Barnes,

and he loved all

of the sidelights of that:

hobnobbing with the rich

and the famous,

including multimillionaire

Walter Annenberg.

- So I called Walter

and said that,

"I'd like to just talk to you

about my ideas at Barnes,"

and he said, "Great."

- Walter Annenberg,

who was a piece of work,

was also an art collector.

First-rate collection

but certainly not

an adventurous collection,

certainly not

an adventurous thinker.

- In the last several months,

I've had two Japanese interests

after me to sell

my whole collection.

My only response has been,

"You're discussing members

of my family,

and I'm hardly about to sell

members of my family."

- Couldn't be more ironic.

Glanton and Walter Annenberg

hit upon the idea

of selling Barnes' art.

- I said,

"l want to raise the funds

"to restore the gallery

"to ensure

the long-term preservation

of the collection,"

and the way that I would do this

would be to deaccession

a number of paintings

to raise sufficient cash

to cover the cost

of the restoration."

And he immediately said,

"That's a great idea."

- You know, Glanton

basically did for Annenberg

what he wanted to do.

He made it totally accessible

to him,

and he was gonna rip it apart

for him.

Up until then,

Annenberg was coming in

trying to undo from the outside.

Now what you had was trustees,

the Barnes trustees

from the inside.

The Barnes board itself

was saying,

"Oh, we're in dire

financial straits.

"We need to undo

this indenture.

Let us sell the collection."

- I have nothing against

buying and selling art.

If there's no legal reason

not to do it, it's fine.

Dr. Barnes did not say

that was okay,

and therefore

it isn't discussable

as far as I'm concerned.

- We were outraged.

Glanton didn't care.

And then when we objected,

he fired the whole

Art Advisory Board.

- The response of the art world

was fast and furious.

There was a huge uproar.

Anybody with any familiarity

of the cultural world

knew that it was absolutely

the last thing that anyone

with any knowledge

of a cultural organization

would do.

- So even though there was

sort of a big push to do that,

didn't happen,

because the museum community

got against it.

- Having now failed to convince

either the court

or his partners

on the Barnes board

to allow him to sell art

or to rent art

or deaccession art,

he now comes up

with a moment of genius.

(frantic string music)

- When Richard started

publicly saying

that the foundation

had to raise money--

and this is where he started

this suggestion,

the fiasco plan

of announcing

that he would sell

some of the art--

in order to justify that,

he said,

"Come on, I'll show you."

And so I took a tour with him

from basement to attic

of the foundation

and wrote a story about it.

- And so day after day,

week after week,

usually with Richard Glanton

as the humble boy scout

taking Lucinda Fleeson,

girl reporter,

through the boiler room

and on top of the roof,

readers of The Inquirer

were treated to the saga

of the poor old

Barnes Foundation,

and it was gonna take

millions of dollars

to fix up the Barnes.

Otherwise

these paintings would just--

they were just gonna

fall off the wall.

- We're working on fear here,

right?

Weapons of mass destruction,

leaky roof.

It's funny, but it sounds like

the Johnson story.

"The building's falling apart."

That was the beginning

of the story

of why we can undermine

Dr. Barnes's will.

(rock music)

- Thank you to Lucinda Fleeson

and The Inquirer,

he has this marvelous excuse

to persuade the court

that the building is

in such disrepair

that it's going to have to be

closed down

for a couple of years.

"Let me take the Barnes art

on tour

and charge other museums

for the privilege."

- As a lawyer, there is

a provision in the trust

that provided

that in fact you could change.

It's called cy pres.

You can change a provision

if it's necessary

to carry out

the donor's intent

to the least extent possible.

- If you can't do exactly

the terms of the will--

there's the term--

French term cy pres,

cy pres

c'est possible--

as near as possible

do what the donor wanted.

And how in the world

can they f*cking think

that this is near as possible--

This is exactly

what he didn't want.

Every...every ounce of it

is what he didn't want.

- I was told by everybody

that it couldn't be done;

it wouldn't be done.

Nobody will do it.

I said, "Well...

(chuckling)

We're gonna do this."

- # You do what you have to #

# And not what you're told #

(Music continues)

- Given the quality

of the collection,

it created headlines

wherever it went.

It created crowds

wherever it went

and it created money

wherever it went.

And all of that was like

shoveling coal into the furnace

until the fire was raging.

(Music continues)

- Everywhere the art went,

Richard Glanton went,

and everywhere

that Richard Glanton went,

he was honored.

- I was treated

like a conquering hero

in Paris and Toronto

and Fort Worth, Texas.

Dinner, seated at the table

with Princess Di.

An invitation for her

to come to the Barnes.

Letters from her.

It was literally unbelievable.

I think it was

the greatest exhibition

in the history

of Western civilization.

(Music continues)

(music fades)

(piano and orchestral music)

- The Barnes art now returned

to great fanfare and a...

well, I was gonna say

the biggest finger in the eye

that you could imagine,

but I think that was saved

for later, but...

(Music continues)

A showing at the

Philadelphia Museum,

the archenemy,

Satan's lair,

reveling in their possession,

temporary though it was,

of the Barnes art.

- This was the great slap

to Barnes, was that,

"Well, we have to show

the paintings

in Philadelphia too."

Well, why?

Basically, it raised a lot

of money for the art museum.

They had a big Barnes show

at the art museum here,

and they made a lot of money

on the back of it.

- Everybody involved in this

had their own interests.

The only person

whose interest had no champion

was Albert Barnes.

Everyone had abandoned him.

- You know, the paintings

come back from the tour,

and Glanton wants to have

this big party.

Glanton's using it

exactly the way

Barnes didn't want it

to be used,

which was as a sort

of social backdrop thing.

I mean, we're talking all

of the, like,

wealthy people

from Philadelphia,

with their Rollses

and all their stuff,

came to the party,

and they're just all up and down

tiny, little Latches Lane.

- The Philadelphia swells

came down in droves.

And once again, Richard Glanton

basked in the reflected glow

of the Barnes art.

But what he didn't reckon with

was the neighbors.

- Chaos.

It was absolute chaos.

Nothing had ever happened

like that

in the 18 years

we had lived here.

Was this the first of many?

Was this-- our neighborhood

has now changed to this?

(Music continues)

- The Barnes Foundation

has been here

for over 70 years,

Iived in perfect harmony

with the neighborhood

for all these years,

and all of a sudden, it becomes

the Super Bowl venue for art.

- This is from Quebec also.

This is three buses today

from Quebec.

- Our neighborhood

was completely clogged

top to bottom.

Five days a week,

thousands of people a week

were coming and parking

and eating on my lawn

and parking in my driveway.

I mean, it happened

to all of us.

- My kitchen sink

faces the Barnes,

and I guess I spend

half my life at the sink.

So every time I saw a bus,

I would run out with the camera

and videotape it.

I don't know

how you pronounce that,

but that's how I feel.

Richard Glanton referred to me

that he was being harassed

by the KGB.

That was me--

I felt very powerful

for a moment.

- I'd brought the Barnes

out of the Dark Ages

and opened it up,

and it's weird

that a few people

refused to accept that.

- We went to the township

to see about fast-tracking

permission

to build a parking lot.

And Richard very much wanted

this parking lot fast-tracked

at this point.

- You're operating

a commercial museum

in a residential neighborhood.

And putting a parking lot in,

at that time,

would have made it easier

for you to operate

a commercial museum

in a residential neighborhood.

- Questions?

- We went

to a township meeting.

All the neighbors went

to the township meeting,

and people made speeches

at the meeting.

I got up,

and in my speech,

I said, I understood now

how a carpetbagger works.

And a carpetbagger

is someone who comes in

from another jurisdiction,

and, in fact, they call judges

carpetbaggers

when they do that,

and referring to Mr. Glanton

and his management team.

I referred to Mr. Glanton

and his people,

and that was the end of it.

- The township said

that they couldn't fast-track

a parking lot.

Richard was not happy

with that response.

- It wasn't about the cars

or the traffic.

It was about something else.

It was about being hostile.

I don't know why.

You know, I just said,

"This is enough.

I mean, I'm just gonna bring

this lawsuit."

(frantic instrumental music)

- Dr. Herman brought me

to his house,

and he said,

"Bob, I have something,

but I need you to sit down."

I had no idea

what he was talking about.

Because of my use of the word

"carpetbagger"

and "his people,"

they used those two phrases

as the basis

for a civil rights action.

- Glanton ordered

the Barnes's lawyers

to begin preparations

for a suit

against the Lower Merion

township commissioners

and the neighbors

under the federal

Ku Klux Klan Act.

- They accused us of conspiracy

with the township

to deprive them

of their rights

but motivated

by racial grounds.

- They compared not only me,

but they compared others of us

to h*tler.

They showed pictures of people

being lynched in South Carolina

and associated that

with the neighbors.

And I'm thinking,

"What the devil did I do?

I got up,

and I was concerned

that I have buses

and I can't get out

of my driveway.

What am I doing here

in the middle

of something like this,

being called h*tler? "

- All over Philadelphia

in law firms

hither and thither,

the legal fees

on all sides mounted.

And the Barnes's already skimpy

endowment was being drained.

It was just being drained.

- They get all this money spent

sending the collection

to Paris and Tokyo

and God knows where and...

and made a huge pile of money,

which then was all...

I don't want to say

"pissed away."

I should say something

more appropriate.

You can cut that one out, okay?

- Richard Glanton thought

that we were just gonna fold

and say, "We drop out.

We're dropping out."

He just picked

the wrong neighbors.

- Eventually, the entire case

was thrown out.

Judge Brody said there was not

one scintilla of racial animus

in any of the evidence

the Barnes presented.

- In this particular situation,

there's not ever a comment made

about us that does not--

preceded by the word "hostile."

- Their PR firm has maintained

that we harassed them.

The PR firm has maintained

that we sued them.

I mean, if that's what people

are gonna believe,

that we harassed them

and that we are devious,

terrible people...

we've given up trying.

- Over a zoning board issue

was the Ku Klux Klan Act

invoked.

And the mischief that followed

is incalculable.

I mean, thus the whole story

turns on the tale

of a 52-car parking lot.

The president

of Lincoln University

is desperate to get Glanton

out of there,

and in her fury

over the dismissal

of the Ku Klux Klan suit,

she prepared a draft letter

to the trustees

of the Barnes Foundation

suggesting that it was time

to rotate the presidency.

- People can have

their own views.

They're entitled to them.

But, uh...my story is

that it was a second rebirth

of Barnes

during my tenure as president.

I tried to do something

real quick

that was different,

because it had to be done.

And I knew I had no time

to mess around because--

What was that dog's name?

Cerebus, who guards

the gates of hell--

Was after me.

I had been approached about

turning the Barnes over

to the Philadelphia

Museum of Art

on at least two occasions,

and I was approached

about turning it over

to some other institutions

on other occasions.

But I had no intention

of reigning

while somebody else ruled,

and that was, in their view,

the end of me.

They laid the groundwork,

saying the money

that was spent on the lawsuits

ruined the Barnes,

which is not true.

It had more money than it had

when I came in

and a new building.

- Curiously, Glanton said to me

at the time

that-- and this is

not quite how he put it--

but that he was the bulwark

against the establishment

stealing the Barnes.

And in a perverse way,

I think Richard Glanton was

absolutely correct about that.

- I was just like,

"Okay, here are the keys.

"Go do your master's bidding.

Run it into the ground,

into a wall."

And literally, that's what

I wrote the attorney general.

I said, "They're gonna run it

into a brick wall."

- I'm sure I saw the letter.

I'm not gonna say

that his predictions

were accurate, per se.

But once he left,

there was not

the same level of drive

with those who remained.

And in the long run, I thought

that was gonna continue

to drag the Barnes down.

(dramatic music)

(Music continues)

(soft piano music)

- And so there we were,

with the Barnes board,

minus Richard Glanton,

with the Barnes's

already parlous endowment

reduced to virtually nothing.

- Barnes Foundation,

without any funds,

without an effective

leadership, is, you know,

sitting in this building

as a sitting duck.

So these forces began

to line up

and work towards something

that had absolutely nothing

to do with what Barnes wanted,

with the agreement

between Barnes

and the state of Pennsylvania

embodied in a legal document.

All of that was sort of

left in a drawer

while politicians

and billionaires

and cultural mavens

and foundations got busy.

- The Barnes was given

just enough money

by the foundations

so that they could claim

that they were trying

to help

the poor ol' Barnes out.

But that was never,

in my opinion, the goal.

- Foundations are

non-profit corporations.

We're used to hearing about

corporate takeovers

with for-profit corporations.

But this was a non-profit

corporate takeover.

And the first thing

you have to do

is remake the board of trustees

so you have a compliant board

who is on your side.

- In the period after

Richard Glanton was out,

the foundation was

just sort of puttering along.

It was still controlled

by Lincoln.

Four of the five board members

were Lincoln board members.

The president

of the board of trustees

put on the board by Lincoln

was Bernie Watson.

- Watson was very

politically connected,

a professional

foundation executive,

and he was the chairman

of the City Convention Center,

the Tourist Bureau.

- In the midst of that

steps up

these Philadelphia foundations.

They were going

to help them raise--

I think it was $150 million.

From the very beginning,

Pew's thought was,

"Well, we're gonna give

you money.

We're gonna get something

out of it.

We want some control."

- It was pretty clear to me

they weren't just gonna give

without getting control

of the Barnes board.

- Well, if you're

Bernie Watson,

your duty was to maintain

a connection

between Barnes and Lincoln,

because that was part

of the trust indenture.

I mean, what's Lincoln have

to offer for Bernie Watson?

He makes his living

from the sort of institutions

and people who want this thing

to happen.

Watson went ahead

and negotiated a deal

that cut Lincoln out.

The only way for a Pew

or any other foundation

to get control,

to be able

to place board members,

was for the indenture

to be changed,

for them to go to court

and change the rules

that Barnes laid down.

Lincoln didn't have a clue.

Watson and these

Philadelphia foundations

had a plan to basically

push them aside.

Right?

They flipped out.

They got an attorney and tried

to intervene and stop it.

- There were enough people

who were making noises

that the plan was starting

to fall apart to the point

where more aggressive tactics

needed to be employed.

- Ed Rendell, the governor

at the time,

starts to put pressure

on Lincoln, okay?

He's the governor.

He controls the purse strings

of this state-affiliated

institution.

He said,

"Well, look, you know,

"Lincoln, you could be in,

you know, a rosy position

"if you go along

with this thing.

What have you gotten

out of Barnes so far? "

Along with Rendell,

the attorney general decides

that he's gonna help pressure

Lincoln a little bit.

And the thing that he has

is the ability to say,

"You get nothing, Lincoln,

if you guys don't play along."

- I don't know that we were

ever as direct as saying,

"We can take this away

from you,"

because that would take

a court to do that,

but I had to explain

to them that,

you know, maybe

the attorney general's office

would have to take some action

involving them

that might have to change

the complexion of the board.

And whether I said that directly

or I implied it,

I think they finally got

the message.

And when they say--

you mentioned it.

It was portrayed

that I was the bad cop

and the governor

was the good cop.

The governor had the money.

And the governor had some money

he was willing to add onto it,

so that automatically made

him good cop.

There was some money proposed

to-- for Lincoln to offset

some of the perhaps

perceived losses

that they might have.

- As I recall,

it was about $40 million.

And I said, "You tell me

what you want to spend

the $40 million on."

- That's not a whole lot

of money to some schools,

but it's a whole lot of money

to Lincoln University.

I think that was part

of the price

of Lincoln letting go.

- They weren't blackmailed

into agreeing with us at all.

If you ask the board,

I made it abundantly clear

to Mr. Scott and others

that they were getting

this money regardless.

- They pressured the sh*t

out of 'em.

And in the end, they caved.

What the Philadelphia

foundations did

is what takes place all the time

in the corporate world,

which is to take over the board

by adding new positions

on the board.

You don't go in

and k*ll all the board members

that are there.

You just put ten more on

so that those five

no longer have a majority.

Watson negotiated a deal

that watered down

Lincoln's participation

in the management

of the foundation.

Yeah, he betrayed Barnes,

I think, first.

But, you know, to the extent

Lincoln put people

on the board thinking,

well, you know,

you're going to keep Lincoln

in the picture,

he betrayed them too.

- They sold Lincoln University

for a shekel.

They sold it down the creek.

And they had no right

to do that.

- And the Philadelphia

establishment--

who he determined

that never would they get

their hands on this art--

now have it in their hands.

- From the public side,

from what, you know, me

and every other

newspaper reader,

the first thing we got was,

"Oh, all these foundations

want to help

the Barnes Foundation."

- The foundation said,

you know,

they're there to serve

public needs.

I mean, they get--

they get tax benefits.

So these places,

whether it's Pew or Annenberg

or anybody else,

they have

public responsibilities.

- The responsibility should be,

"How do you keep this going? "

Not, "How do you exploit this? "

"How do you preserve it? "

(dramatic music)

They didn't say

what their real goal was.

What was their real goal?

(Music continues)

- From NPR news,

this is AII Things Considered.

I'm Michele Norris.

- And I'm Robert Siegel.

After two years

of Iegal battles,

one of the world's

Ieading collections

of Impressionist art

is getting a new home.

Today a Pennsylvania

judge ruled

that the Barnes Foundation

can move its collection

from the suburbs

to a new gallery

in downtown Philadelphia.

(Music continues)

- Dr. AIbert Barnes

made his fortune

selling pharmaceuticals.

He spent it acquiring paintings

by Matisse, Picasso, Renoir,

Cezanne, and other masters.

But two years ago,

the foundation

that oversees the art

announced it was broke.

Since it's prohibited

from selling any of the works

hanging in its

Lower Merion gallery,

it asked for a court's

permission to move the art

to a new gallery

in Philadelphia,

where it could draw

more visitors

and raise more money.

Rebecca Rimel is CEO

of the Pew Charitable Trusts,

one of three philanthropies

that are offering to raise

$100 million for a new gallery

and $50 million to replenish

the foundation's

depleted endowment.

- The judge felt,

and of course we have felt

since the beginning,

that this is not only honoring

the donor's intent,

but making sure

that the collection

will be available

for generations to come.

- Barnes officials

were giddy today

but admitted there was

much work to be done

before the paintings Ieave

Lower Merion for good.

(birds chirping)

- The foundation became

fiscally impossible to sustain

in its current location.

I think it was three or four

executive directors came in

and tried to make the Barnes

financially sustainable

in Lower Merion.

They failed.

- There were very strict limits

on the number of people

who could visit.

The community was very hard

on being sure

those limits were adhered to.

- You've got

this magnificent collection

being hidden away

from the world.

Down in Philadelphia,

ten times more people a day

can be able to see it.

And then it's too small.

It's too small.

The building is too small.

- There is such an emphasis

on preserving

the artistic ensemble method

that Barnes seemed to favor

of hanging and arranging

his paintings.

So I think people

will then have

the kind of experience

that he intended.

- And then you have

the secondary benefit

of what this would do

to continue Philadelphia's drive

to be a great tourism

and destination city.

(alarm clock rings)

- # There's so much to do,

so much to see #

# There's nowhere that

I'd rather be than Philly #

# 'cause Philly's more fun. #

- If you were to add the Barnes

to the Parkway,

there isn't a couple

in the United States

or in Europe or Asia

who's interested

in arts and culture

who wouldn't come

to Philadelphia

for at least a long weekend.

- Visitors here spend

over $17 million a day.

So if you have more visitors,

and my understanding is that,

even looking at it

conservatively,

the Barnes located

on the Parkway

would be able to accommodate

four times as many visitors

per year.

So you can start doing

the math.

- This collection should be

shown to as many people

as humanly possible

in the best,

easiest-to-get-to setting

that we can do.

This was always

a no-brainer for me.

It wasn't a tough decision

at all.

- Book our two-night package

any day of the week

and see why Philly's more fun

when you sleep over.

- These, I would say,

are the key players involved,

the key political backers

and financial backers

of the move:

primarily,

the Pew Charitable Trusts

and its director,

Rebecca Rimel,

in consortium with,

or, as I like to put it,

as part of a cabal,

with the Lenfest Foundation--

that's Gerry Lenfest,

who has a powerful conflict

of interest

as the chairman of the trustees

of the Philadelphia Museum

of Art--

and supported

by Governor Rendell

and Mayor Street

and Leonore Annenberg,

the widow

of the late Walter Annenberg,

who spent much of the last part

of his life

trying to gain possession

of the Barnes.

I'm sure many among them

believe sincerely

that what they're doing will be

for the good of Philadelphia.

- We're going to build

a world-class center

for the fabulous

Barnes collection,

which has no peer

anywhere else on Earth.

And I'm delighted to be

here today with the mayor

to make sure this is done

in the appropriate way

with intelligence, with reason,

and compassion.

(applause)

- My feeling

about Philadelphia is

that it doesn't

do itself justice,

saying we need to be

a world-class city

by stealing an art collection

and bringing it down

to what I call a "McBarnes"

in downtown Philadelphia.

- This is gonna be a great event

for the city of Philadelphia.

It will-- it will attract

literally tens of thousands

of visitors, I'm told,

in a given year.

The Barnes collection on

the Benjamin Franklin Parkway

would have the economic impact

of three Super Bowls

without the beer.

- A city that has any sense

of its own identity

doesn't talk about becoming

a world-class city.

It is what it is.

This is the world class of,

you know, of cheerleading,

of pep rallies and of building

a new baseball stadium

or a convention center.

That's not what art is about.

- I see the people

who are attempting to move

the Barnes Foundation

as vandals.

Tourism and, you know,

generation of money, greed.

And the Barnes Foundation

is an unfortunate victim

of all this bullshit.

- We're at 20th and the Parkway,

where they intend to build

the new Barnes Foundation,

and they're having some kind

of party here,

thinking that they're going

to go ahead with this plan.

So we're here

to confront the people

who are paying for this thing,

so we just wanted them to know

that it's a bad idea.

- Attention, everyone.

Attention.

Welcome, welcome, welcome

to the predator's ball.

Everyone you see around me

and behind me

are participating

in a criminal conspiracy

to bring off

the greatest theft of art

since the Second World w*r.

What you are witnessing here,

Iadies and gentlemen,

is a theft in broad daylight.

- Here's the governor.

(clamoring and chanting)

- You're not a dictator,

and you're not

in Philadelphia anymore!

(chanting and clamoring)

- Dishonorable!

Edward G. Rendell.

(background conversation)

- We're in an economic crisis.

- The world is Iaughing at us.

Break the trust for no reason.

- Please don't break the trust.

- Excuse me, excuse me.

- No integrity.

- Shame on you!

(clamoring)

Shame on you!

Shame on you!

- We're outside the location

where they're planning to put

the new Barnes museum.

And they're having some sort

of a celebration of that,

which is very annoying.

Philistines!

And we're just sort of

protesting their party

because a lot of these people

don't even realize

what they're doing:

destroying a man's will,

destroying this collection,

which half of 'em

don't even have a clue about.

Have fun now!

Wait till it's your will!

Barnes was married,

never had children,

never had anyone

that could have come in

after the fact and said,

"Hey, you know, you screwed

my grandfather over.

I want the paintings."

The grandchildren

were the students

who showed up 50 years later.

- To anyone who's familiar

with Dr. Barnes's will,

everything that he said

during his lifetime,

this will be destructive

to his creation.

I implore you to vote no.

- The motion passes.

Thank you very much.

- Right now

the Friends of the Barnes

is an organization

with one reason to exist:

to prevent the relocation

of the gallery art collection.

- It's such a great

all-American story.

It's almost a Barnesian story,

you know.

The heroic little guy fighting

the forces of City Hall

and the downtown oligarchy.

That's what Barnes was doing.

- You get a choice here.

You get a choice

to decide to listen

to the folks who live

near the Barnes Foundation,

the people who have been

to school

at the Barnes Foundation.

- We're gonna be happy

to have it,

but thanks for trying.

- Friends of the Barnes

approached the county and said,

"We're struggling here.

"We'd really like you to come

out and be part of this fight

to save the Barnes

in Montgomery County,"

And I think it was that point

that the momentum

began to build,

and that the residents

of Montgomery County

had a feeling that,

"Wait a second,

Philadelphia can't just take

our art."

- So would

the Barnes Foundation,

one of the world's greatest

art collections,

move from the suburbs

to the city of Philadelphia?

- As Fox 29's Gerald Kolpan

explains,

while it appears the Iegal

hurdles have been cleared,

some say, "Not so fast. "

- Montgomery County

and the Iocal group

friends of the Barnes

have retained counsel,

saying that if

the Barnes board

could raise the money

for the move,

they should have been able

to raise the same money

to improve the Barnes

where it is.

There are still unknowns

in this case.

No one knows just how much

it'II cost taxpayers,

and no one knows how hard

Montgomery County

is willing to fight.

- I don't have any respect

for the cultural

and political elite

of Pennsylvania.

You know, these are

grade-B players

who basically are doing

tourism promotion.

This is the Disneyland

of paintings.

That's not what

Dr. Barnes wanted.

My primary goal is

to reopen these proceedings

by filing a petition

and persuading this judge

that there were things

that he didn't know about,

that if he had known

about them,

that the outcome

would have been different.

What happened is,

this became

a feeding trough

for politicians.

- The story is that the Barnes

has to move

in order to be saved.

It's not true.

- People wanted it to happen,

and they assessed

the situation.

They saw what needed to be done

to make it happen,

and they're powerful enough

to do it.

- I'm convinced Judge Ott

is a wonderful judge

and he's gonna do

the right thing,

and when he takes a look

at this, he's gonna find that,

yes, we can survive

in Montgomery County

and that's where

the gallery belongs.

- The move is not a done deal.

As far as I'm concerned,

this a deal coming undone.

- It was a combination

of the establishment forces.

And I think they focused on it

Iike Ahab focused

on the white whale.

And I think the objective

took over,

and I don't think

that anybody there

thinks about Barnes

or alternatives or consequences.

I think that this is the glory

they wish to capture.

- The reason it was permitted

to move to Philadelphia

was because the presentation

by the foundation showed

that it was financially

not feasible

to stay in Montgomery County

and to survive.

- It was going down the tubes,

and there was no soluble answer

to its problems.

- If anybody can't fund

the Barnes,

which is a tiny little budget,

out of the private sector,

then they ought to find

another job.

(birds chirping)

- You can't get

enough people in

because of the restrictions

and the parking problems.

They couldn't get enough people

into the Barnes to see it

to make it even close

to financially workable.

- The truth is, that's not

the way it is anymore.

Lower Merion Township,

on its own, did go ahead,

and they changed the zoning

restrictions.

The township was able to say

to the gallery,

"You're allowed to admit

more persons per day

and open the gallery

more days per week."

So there is real potential here

to bring in more revenue.

There was no movement whatsoever

from the foundation.

So they didn't allow themselves

to take in more visitors

and to gain more revenue.

And the supposition is that

the trustees liked it that way,

because they didn't want people

to feel the ease

of accessing

the Barnes Foundation,

that they wanted people to say,

"Get it out of there,

bring it to Philadelphia,

where we can get into it."

There are a lot of ways

this gallery can remain

in Montgomery County.

There was a deal offered

to the foundation.

We estimated $50 million.

The county would float a bond

for $50 million,

which enables the foundation

to have an endowment,

an ongoing endowment

that would allow it

to remain in Montgomery County.

- You know, in six weeks,

the Barnes Foundation

could have $50 million

in the bank and,

you know, they could--

they could be fine.

- This was all opened up

to the foundation

for purposes of negotiation.

There's a way

we can make this work.

We had a response back from

the foundation outright saying,

"We're not interested in this."

There's got to be a reason

that they're not interested

in responding to that.

- They never wanted

to raise money.

They wanted this place

to go bust.

They wanted it to go bust

so that they would have a reason

to bring people in,

to dissolve the indenture,

because they could then argue

that they couldn't operate

on the basis of the indenture,

and then that would give--

they could do it with impunity

and then get autonomy

to operate the way they wanted.

- So anybody that tells me

there wasn't the money

to keep it where it is...

is nonsensical.

The forces wanted it moved

no matter what.

(dramatic music)

(Music continues)

- It's fair to say

that there was a vast conspiracy

to move the Barnes.

This obviously involved

the three lead foundations,

the politicians, mayors,

governors, state senators.

Everybody on that side

of the equation was powerful,

and they had something to gain.

I think the real question,

as I've always said is,

"When did the planning

for this takeover first begin,

and who was the lead figure? "

That's the story

that no one's really told.

(music slows, reverses)

(Music continues)

- In 1995, after sending

the collection on tour,

the paintings came back

to Merion.

There was a gala dinner

to celebrate this

at which a local billionaire,

Ray Perelman,

had a little idea.

- A man by the name

of Ray Perelman,

who was then, I think,

chairman of the board

of the art museum,

came to see me

probably in the middle

of my eight years as mayor

and suggested

that I get active in trying

to convince the state

to move the Barnes for...

The art museum wanted to,

obviously,

to run it, the benefits

to the city of Philadelphia,

et cetera, et cetera,

et cetera.

So that was probably '95, '94,

'96, in that area.

- My only personal contact

with Ray Perelman

was to have him scream

at me over the phone

while at the same time

taking credit

for the decision

to move the Barnes

to downtown Philadelphia.

Ray Perelman is a nasty old man.

Spell my name right

and make sure he knows

that I'm the one who said that.

Barnes did something that

they will never be able to do.

Ray Perelman does not have

an eye for art.

He never will.

And I can understand

he feels bad about that.

He can't do much about it

besides take it

out of the hands

of the Barnes Foundation.

Part of what Perelman

was taking credit for

was convincing anyone

with any power in Philadelphia

to either side with him

or not to oppose him.

Is that a conspiracy?

I don't know.

One man's conspiracy is another

man's political consensus.

- Why wouldn't the great

foundations of Philadelphia

want to save

the Barnes Foundation

exactly where it is?

I mean, they are

Philadelphia institutions.

They should want to preserve

a Philadelphia institution

as a really original

institution.

Why wouldn't they want

to do that?

- One of the nation's Iargest

private foundations

is now a charity.

The Pew Charitable Trusts

control $4 billion in assets.

The change in status

will save Pew

millions of dollars in taxes

and it will have

fewer restrictions

on how it can spend

its money...

- One of the other things

we didn't know

was that Pew was in the process

of converting itself

for tax reasons

from a private charity

into a public charity.

- One thing that

a public charity has to do

is demonstrate that it has

the capacity to raise money,

very large sums of money.

- Pew also cited another

potential tourist draw:

a new building

for the Barnes Foundation

in downtown Philadelphia.

Pew's CEO, Rebecca Rimel,

says the new charity

could not only raise money

for the move,

but administer those funds

at no cost to the project.

- The Barnes was one example

of what we could do

as a public charity

that we can't do

as a private foundation.

- Coincidentally,

Pew stepped forward and said,

"We would be happy to be

the lead foundation

"to assemble the funds

to facilitate the move

of the Barnes Foundation."

- Our application to become

a public charity

had absolutely nothing to do

with the Barnes.

- You know, in court,

Rebecca Rimel said,

"Oh, you know,

the Barnes Foundation,

that's nice,

but that's not why we did it."

Well, you go look at

their application to the lRS,

that's all they talk about

is the Barnes Foundation.

- In its filings with the lRS

and the Commonwealth

of Pennsylvania,

it specifically alludes

to being the leading force

behind moving the Barnes art

into Philadelphia.

- Look,

charity is big business.

If you're really in it

for altruism,

you're gonna be a pink lady

in a hospital.

You're going to be, you know,

going out feeding the poor

from your church's

outreach group.

These people are power brokers.

Don't for one minute think

that if Rebecca Rimel

finds that,

"Well, I now have $400 million

a year to give away

"and manipulate various things

in the state or in the city,

"with what clout I have,

boy, can you imagine

"how much clout I'll have

"with a billion a year

to give away

instead of only 400 million? "

- And, I might add,

it was in the filings

that for the first time

we discovered

that Pew had now estimated

that the value

of the Barnes art was not,

as Glanton had thought,

$41/2 billion,

or I had thought,

$61/2 billion.

But according to the Pew,

it was 25 to $30 billion

worth of art.

The three foundations

never said

that they would give

$150 million.

They said they would raise

$150 million.

Even if they gave $150 million,

it's the greatest bargain maybe

in the history of the art world,

to get $25 billion worth

of irreplaceable

post-lmpressionist masterpieces

for what, for them,

is a drop in the bucket.

- On a Friday

in October of 2006,

I got an email...

from someone within

the Friends of the Barnes

saying that squirreled away

in the 2001-2002 budget

of the state of Pennsylvania

was $107 million:

$7 million for upgrades

of the Merion property,

$100 million

for the move downtown.

(somber music)

- It's amazing to me

that in the case

I called the appropriation

"the immaculate appropriation,"

because it had no father

or mother.

Nobody knows who asked

to put the money in.

So maybe it was

divine inspiration.

We don't know.

- The budget bill is a very

thick piece of legislation,

and 99% of the other members

of the General Assembly,

I'm sure,

didn't know when they voted

on that capital budget bill

that particular project

was in there.

- It was never publicized,

the judge didn't know,

but the people who were trying

to take over the foundation,

within that group of people...

It's-- it would be unbelievable

that nobody knew.

The rescue operation said,

"We will raise $100 million

"to build a new building

in downtown Philadelphia

for the Barnes Foundation."

The state budget

allocated $100 million

to build a new building

for the Barnes Foundation

in downtown Philadelphia.

What a coincidence,

a shocking coincidence.

- All the big-money people

connected with this project,

you can't tell me

that nobody knew

$100 million

was in the budget.

Some senator didn't wake up

and decide,

"I'm just gonna do this."

Somebody with influence

got that put in there.

Whoever that person was--

or people or institution--

never let on in court

that that money was available.

Here you come to court,

and you say, "We're broke.

"There's no other way

we can raise the money.

We got to move

this collection."

Had the judge known that,

oh, the state could put up

$100 million,

it would have been

a whole nother story.

- Rebecca Rimel professes,

"We didn't have anything

to do with it," okay?

But all these people that would

be the beneficiaries--

I mean, you have to understand,

The Pew Trusts, at the same time

that this is going on,

filed for public charity status.

But in order to show

that you're a public charity,

you have to be getting money

from the public.

- The Pew Charitable Trust

at the time

was worth $4 billion.

Who in their right mind

is gonna give money

to a $4 billion foundation?

- Apparently, for some reason,

Governor Rendell

has taken the position

that this is

an important project

for the city of Philadelphia

and has allocated $25 million

of taxpayer money

out of that $100 million

authorization for the project.

- One of the neat things

if you're a public charity is,

you can administer money

from all sorts of places,

including the Commonwealth

of Pennsylvania.

Pew gets credit for that as,

"We raised public money."

That counts towards

their tax status.

I'm not quite so naive

as to believe

that no one knew about

$107 million.

Maybe it was a typo.

I don't know.

But she didn't know anything

about this.

- People involved

in the takeover

of the Barnes Foundation

knew that it was there

and kept that information

from the court.

- Is that a linchpin?

Yeah.

It's like, what are

the surrounding circumstances

that should have been brought

to the attention of this judge?

If I had been a judge,

which probably

no one would like,

I would have, if I had learned

about this, I'd say,

"You know what?

"These proceedings

are recessed.

"The parties should

go figure out how to get

a piece of that money to keep it

right here."

- If I was Judge Ott,

I'd be furious.

I'd be looking for a way

to turn this thing around.

Because he got taken for a ride.

I don't know many judges

that like to get duped

in their courtrooms.

I don't know many judges

that like to be made fools of.

Judge Ott was made a fool of

by these people.

(birds chirping)

- So you see all these

interlocking relationships,

and if I were

a conspiratorial figure,

I'd think an enormous conspiracy

is at work here,

of moneyed interests

to have their will,

to have their way,

to manipulate the treasury

of the State of Pennsylvania,

to manipulate the legal system

of Pennsylvania,

to manipulate Dr. Barnes'

desires and wishes,

to manipulate

Lincoln University,

to play on this needy

little college

so desperate for money

and know that $50 million would

blind their eyes

to what was really

in their grasp.

- I just think they wanted

to capture the prize,

and the whole establishment

mobilized to that end.

They don't like to have

the whole thing questioned.

I think they're used

to getting their way,

and this is the way,

and if you question it,

you're standing in the way.

- If any major figure within

the Philadelphia art world

wanted to speak

against this idea,

they could kiss the

Pew Charitable Trust good-bye.

They could kiss

the Lenfest Foundation good-bye.

They could kiss the

Annenberg Foundation good-bye.

Perhaps they could kiss

their own job good-bye.

No one could speak.

- Yeah, but the news is

in here, right?

- Sir, that's all I'm asking.

- I'm asking--

I'm just asking a question.

- And I'm telling

you an answer.

- You're not giving me

an answer.

Are news crews allowed in

or no?

- If the news

are allowed in, though,

and we are part of the press,

then we should be allowed inside

with the rest of the press.

- No, no, those press

are invited; you are not.

- Right,

they're invited guests.

- So even though the mayor's

office said it was

open to the press

and that we could come...

- You're not invited.

Please step out of...

Please step out.

- People in museums in New York,

in San Francisco,

in Chicago and Dallas

and other places

didn't say a g*dd*mn word

while all this was going on.

I think they were scared.

They were frightened

of these foundations

who are benevolent

and give great sums of money

to all kinds of causes.

Some of them have supported

the NAACP.

And I've often wondered

if I'm not endangering

my organization

by complaining about

their bad behavior in this case.

- You know, I'm afraid.

I realize I'm putting some part

of my life and my livelihood

at risk by doing this.

I don't know how they would

come after me,

but if they wanted to,

you know,

they can make anybody's life

difficult that they want to.

- The forces that, in effect,

are keeping the Barnes hostage

are almost overwhelming.

You could ask

the simple question,

"Who speaks for the art

or the legacy of Dr. Barnes

"when so many powerful political

and economic forces

are at work against it? "

- (clears throat)

(ignition starts)

(soft piano music)

(Music continues)

- Yeah, it's a big day.

Today's oral arguments,

which means what--

what both sides

have already said

to the judge in writing

they're gonna repeat,

you know, in front of him.

And he'll decide

whether to grant our petition

and convene some hearings

to decide whether

the Barnes Foundation

should still be permitted

to move downtown,

or he'll pretty much,

in essence,

throw us out of court,

and that will be bad news.

(Music continues)

- It's all

in Stanley Ott's hands.

If Stanley wants to undo it,

he can undo it.

He can say that he was given

a lot of baloney

the first time through

and the record

can now be set straight

and it deserves

to be set straight.

And I think he's a good enough

judge to make that decision.

- We have an obligation to do

what Dr. Barnes

wanted us to do,

and I think that's the essence

of this whole thing,

that not enough was done

to fully explore

what can be done

to keep the Barnes where it is.

Some people, like the Friends

of the Barnes,

aren't gonna let that happen,

and hopefully,

they'll be successful.

- Unfortunately,

the thing has gotten to be

a big political football,

and it never should have

gotten there.

- In that sense, Richard Glanton

was absolutely right.

Glanton said, when I asked him

what it's all about, he said,

"It's about who controls

$41/2 billion worth of art,

and everything else

is bullshit."

Well, no, Richard was wrong.

It's about who controls

$25 billion worth of art,

and everything else

is bullshit.

(Music continues)

(birds chirping)

(traffic whooshes)

- Well, Wednesday night,

I got home

and there was an email

on my computer,

the subject heading

that Judge Ott

had issued his decision.

He apparently has decided

that he's not going to conduct--

he's not going to investigate

any of the...

any of the matters

that our petition brought

to the court's attention.

He had declined

to order new hearings

by declaring that none

of the petitioners,

that is, the Friends

of the Barnes Foundation

and Montgomery County,

had standing to intervene

in the matter.

(drill whirs)

(siren blares)

I don't think that the judge

or the trustees

of the Barnes Foundation

or anybody who's

supporting the move,

who sincerely supports the move

of the gallery art to downtown,

that they understand what it is

that they're doing.

It'll be a tragedy,

and it'll be

a tragedy long remembered.

This is not some minor thing.

It's not often in life

you get to really try hard

for something

you deeply believe in,

and I've gotten a chance

to do that.

I would've much rather be

celebrating this than...

whatever the opposite

of celebrating is-- mourning.

(Music continues)

- So the city

gets its tourist venue.

The governor does too.

The governor makes his friends

at Pew happy.

Pew gets to control the art.

Gerry Lenfest

of the Lenfest Foundation

is chairman of the museum.

The museum finally,

in effect, gets the art.

It's virtually an appendage.

And Annenberg people get

Walter and Leonore's dream.

And if it's not the destruction

of the Barnes Foundation,

what is it?

- Sort of expect

that there will be

an Annenberg and a Lenfest

and a Pew wing

of this new Barnes building.

And at some point Barnes

will somehow be, like I said...

You get-- you can probably get

a sweatshirt or something

with his name on it,

but that'll be about it.

- Maybe that's a way of having

Philadelphia come back

to the forefront and be

one of the leading cities.

It'll be the leader in showing

people how to break trusts

and how to break-- how to break

trusts with the public.

You know, maybe that's a good,

new role for Philadelphia.

They can have, you know--

ring a special Liberty Bell

for it.

- And I think not only

will Barnes be violated

by having it moved,

he'll be violated

in the experience

he wanted you to have,

and that's important,

because it was his art;

it belonged to him.

He had the right to do with it

as he chose.

And these people,

these vandals, stepped in

and took it away from him.

- These are not people

who are concerned about the art.

These are people who are

concerned about money and power.

And who would destroy what is...

a perfect jewel box...

and also a kind of

a living piece of history?

You know,

to walk into the Barnes

is to see the art as Barnes,

for all of his greatness

and all of his foibles, had it,

And it is, in its way...

perfection.

(dramatic music)

Matisse said

it was the only sane place

to see art in America.

I'll wager Matisse

against Bernie Watson

and Rebecca Rimel any day,

and I bet Dr. Barnes

would too.

I think he might say,

"Let Matisse speak for me."

(pensive music)

(Music continues)
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