accordance with Mr. Mellon's terms. In the House of Representatives hearings were held on House Joint Resolution 217 on February 17, 1937, before the Committee on the Library.66 The Senate Committee on Public Buildings and Grounds held hearings on Senate Joint Resolution 73, a similar resolution, on February 19, 1937.67 The same persons testified before both committees, and the testimony given was favorable to the legislative proposals. The act of March 24, 1937, which established the National Gallery of Art, was almost identical to House Joint Resolution 217 and Senate Joint Resolution 73. Section 1 of the act gave the site on the Mall to the Smithsonian Institution and provided for the building of the gallery by the A. W. Mellon Educational and Charitable Trust. Section 2(a) set up a Smithsonian Bureau under the control of a Board, the trustees of the National Gallery of Art. This Board consisted of the Chief Justice, the Secretaries of State and the Treasury, the Secretary of the Smithsonian Institution, ex officio, and five private citizens. The Board was to appoint a director, an assistant director, a secretary, and a chief curator (sec. 4(c)) and was to be responsible only to the courts (sec. 4(d)). Section 5(b) provided for carrying out Mr. Mellon's intention of maintaining a high quality of works in the gallery. The Board was to make an annual report to the Smithsonian Institution (sec. 5(d)). Section 6 (c) stated that the existing National Gallery of Art would be called the National Collection of Fine Arts. d. Smithsonian Gallery of Art The Smithsonian Gallery of Art was established by the act of May 17, 1938. Section 1 provided for land for housing its collections. Section 3(c) stated that the gallery would be "under the supervision and control of the Regents and the Secretary of the Smithsonian Institution." Section 4(a) expressed the purposes and the functions of the gallery, which included maintaining a high standard of art objects for exhibit. Section 4(b) contained an unusual provision reading as follows: (b) In order to encourage the development of contemporary art and to effect the widest distribution and cultivation in matters of such art, the Regents are hereby authorized to solicit and receive funds from private sources, to acquire (by purchase or otherwise) and sell contemporary works of art or copies thereof, to employ artists and other personnel, award scholarships, conduct exhibitions, and generally to do such things and have such other powers as will effectuate the purposes of this subsection. Section 5 provided that works of art from certain other sections of the Government were to be given to the gallery. Section 6 stated that the Regents and Secretary of the Smithsonian Institution were to approve the gallery exhibitions. A Director of the gallery and other officers were to be appointed by the Regents (sec. 7), and Congress was to make annual appropriations for administration of the gallery (sec. 8). e. Canal Zone Biological Area The act of July 2, 1940, as amended by the 1946 Reorganization Plan No. 3, gave control of the Canal Zone Biological Area to the Smithsonian Institution. Section 2 stated: The purpose of setting aside such an area is to preserve and conserve its natural features, including existing flora and fauna, in as nearly a natural condition as possible, thus providing a place where duly qualified students can make observations and scientific investigations for increase of knowledge, under such conditions and regulations as may be prescribed by the Smithsonian Institution. f. National Air Museum The act of August 12, 1946, established the National Air Museum as a bureau of the Smithsonian Institution. It read in part as follows: SEC. 1 (a). There is established under the Smithsonian Institution a bureau to be known as a national air museum, which shall be administered by the Smithsonian Institution with the advice of a board to be composed of the Commanding General of the Army Air Forces,68 or his successor, the Chief of Naval Operations, or his successor, the Secretary of the Smithsonian Institution, and two citizens of the United States appointed by the President from civilian life, who shall serve as such members without compensation. * SEC. 2. The national air museum shall memorialize the national development of aviation; collect, preserve, and display aeronautical equipment of historical interest and significance; serve as a repository for scientific equipment and data pertaining to the development of aviation; and provide educational material for the historical study of aviation. The executive departments of the Government were to give their aviation collections to the Museum (sec. 5). The head of the Museum was to be appointed by the Secretary of the Smithsonian Institution (sec. 1(b)). It can thus be seen by examining the legislation which set up new bureaus and special projects for the Smithsonian Institution, that not only its physical facilities, but also its objectives and its functions have expanded since 1846. VI. NATIONAL ACADEMY OF SCIENCES AND NATIONAL RESEARCH COUNCIL A. THE NATIONAL ACADEMY OF SCIENCES 1. ESTABLISHMENT The National Academy of Sciences was established by S. 555 (37th Cong.), introduced February 20, 1863, by Senator Henry Wilson. Section 1 named those persons who would constitute the Academy, "The act of July 26, 1947, transferred this membership to the Chief of Staff, U.S. Air Force. which was set up as a "body corporate." Under section 2, the National Academy, consisting of "not more than 50 ordinary members,' was authorized to govern itself and was given the power to elect new members. Its actions, however, were to be reported to Congress. Section 3 set forth the duties of the Academy, stating: And be it further enacted, that the National Academy of Sciences shall hold an annual meeting at such place in the United States as may be designated, and the Academy shall, whenever called upon by any department of the Government, investigate, examine, experiment, and report upon any subject of science or art, the actual expense of such investigations, examinations, experiments, and reports, to be paid from appropriations which may be made for the purpose, but the Academy shall receive no compensation whatever for any services to the Government of the United States. Although S. 555 was laid on the table at the time it was introduced,69 it was reported in its original form to the Senate on March 3, 1863, and passed without discussion (Congressional Globe, pp. 1500-01). Congressman Benjamin F. Thomas brought S. 555 to the attention of the House on the same day, and the House of Representatives, also without debate, passed the bill (p. 1540). On March 3, 1863, President Lincoln signed S. 555, and the National Academy of Sciences was established under the terms stated above. 2. LEGISLATIVE DEVELOPMENT On July 14, 1870, the provisions of section 2 of the original act were changed in order to "remove the limitation of the number of ordinary members of said Academy as provided in said act." Minor changes in the Academy's powers were also made in the acts of June 29, 1884, and of May 27, 1914, which related to the holding of trust funds. 3. EARLY ACTIVITIES The National Academy of Sciences met for the first time in New York on April 22, 1863. There, the Academy was divided into two classes, mathematics and physics, and natural history. Each of these classes contained five sections to which members were appointed. In subsequent sessions of the Academy, papers on scientific subjects were read and discussed." Probably the main purposes for founding the Academy were to honor capable scientists and to give scientific advice to the Government.71 In order to carry out the latter function, the Academy appointed many special committees at the request of Congress and the executive departments. These committees carried out varied types of investigation as is shown by the examples below: 72 Committee on Weights, Measures, and Coinage, 1863. Committee on the Improvement of Greytown Harbor, Nicaragua, 1866. 69 Congressional Globe, 37th Cong., 1st sess., p. 1155 (1863). 70 National Academy of Sciences. A history of the first half-century of the National Academy of Sciences 1863-1913, pp. 25–102 (Washington, 1913). 71 Id. at p. 14. 72 Id. at pp. 201-205. Committee on the Transit of Venus, 1871. Committees on the Restoration of the Declaration of Independence, 1880, 1903. Committee on the Inauguration of a Rational Forest Policy for the Forested Lands of the United States, 1896. The number of Government requests decreased somewhat after 1888 and it is important to note that although science was becoming increasingly important, research in later years was being carried on not only by the National Academy, but also by many new scientific organizations. The necessity of coordinating the research of these groups and that of the National Academy was largely met by the founding of the National Research Council,73 considered infra. B. THE NATIONAL RESEARCH COUNCIL 1. ESTABLISHMENT The National Research Council was not established by congressional legislation, but was created as a result of President Wilson's acceptance in April 1916 of an offer by the National Academy of Sciences to bolster America's scientific strength in the light of the impending war. On June 19, 1916, the National Academy of Sciences approved the plan of its Committee on Organization and urged: 74 That there be formed a National Research Council, whose purpose shall be to bring into cooperation existing governmental, educational, industrial, and other research organizations with the object of encouraging the investigation of natural phenomena, the increased use of scientific research in the development of American industries, the employment of scientific methods in strengthening the national defense, and such other applications of science as will promote the national security and welfare; (and) That the Council be composed of leading American investigators and engineers, representing the Army, Navy, Smithsonian Institution, and various scientific Bureaus of the Government; educational institutions and research endowments; and the research divisions of industrial and manufacturing establishments. President Wilson accepted the plan on July 24, 1916. The National Research Council met for the first time on September 20, 1916, and for 2 years it served the military needs of the country. On May 11, 1918, it was given a more permanent status by Executive Order No. 2859 issued by President Wilson.75 The order stated: The National Research Council was organized in 1916 at the request of the President by the National Academy of Sciences, under its congressional charter, as a measure of national preparedness. The work accomplished by the "Detlev W. Bronk, News Report, National Academy of Sciences, National Research Council, vol. 1 (January-February 1951). "Preliminary Report of the Organizing Committee," proceedings, National Academy of Sciences, vol. 2. p. 508 (August 1916). (Quoted in National Research Council Consolidated Report upon the "Activities of the National Research Council, 1919-32," pp. 5-6, prepared in the Office of the Permanent Secretary with the assistance of the Chairman of Divisions of the Council (Washington, 1932).) "Consolidated Report Upon the Activities of the National Research Council 1919-32," pp. 6-7. Council in organizing research and in securing cooperation 2. RELATIONSHIP TO THE NATIONAL ACADEMY OF SCIENCES Since 1918 the National Academy of Sciences and the National Research Council have been so closely connected that it is impossible to consider the activities of each separately. The relationship between the two is well summarized in the National Research Council's publication on its organization and members: The members of the Academy are in effect the trustees of the organization and the National Research Council provides the means through which scientists and engineers throughout the country participate in its activities. *** The Academy bears the full contractual and fiscal responsibility for the Academy-Research Council." The National Academy of Sciences appoints the members of the National Research Council, most of whom have been nominated as representatives by American scientific organizations. In addition, there are members at large and Government members, who were originally appointed in accordance with President Wilson's Executive order of May 11, 1918: To this end representatives of the Government, upon the nomination of the National Academy of Sciences, will be designated by the President as members of the Council, as heretofore, and the heads of the Departments immediately concerned will continue to cooperate in every way that may be required.78 On May 10, 1956, this procedure was amended by Executive Order No. 10668, which provided: The Government shall be represented on the Council by members who are officers or employees of specified departments and agencies of the executive branch of the Government. The National Academy of Sciences shall specify, from time to time, the departments and agencies from which Government members shall be designated, and shall determine, from time to time, the number of Government members who shall be designated from each such department and agency. The head of each such specified department or agency shall designate the officers and employees from his department or agency, in such numbers as the National Academy of Sciences shall determine, who shall be members of the Council, but shall designate only those persons who are acceptable to the Academy. 76 Id. at pp. 7-8. 77 National Research Council, "Organization and Members 1955-56," p. 2 (Washington, 1955). 78 Quoted in "Consolidated Report Upon the Activities of the National Research Council, 1919-32," p. 8. |