text:
National Historic Preservation Act/Annotated/96-205/Change

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

The Congress finds and declares—

 * (a) that the spirit and direction of the Nation are founded upon and reflected in its historic past;
 * (b) that the historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people;
 * (c) that, in the face of ever-increasing extensions of urban centers, highways, and residential, commercial, and industrial developments, the present governmental and nongovernmental historic preservation programs and activities are inadequate to insure future generations a genuine opportunity to appreciate and enjoy the rich heritage of our Nation; and
 * (d) that, although the major burdens of historic preservation have been borne and major efforts initiated by private agencies and individuals, and both should continue to play a vital role, it is nevertheless necessary and appropriate for the Federal Government to accelerate its historic preservation programs and activities, to give maximum encouragement to agencies and individuals undertaking preservation by private means, and to assist State and local governments and the National Trust for Historic Preservation in the United States to expand and accelerate their historic preservation programs and activities.

101. (a) The Secretary of the Interior is authorized—

 * (1) to expand and maintain a national register of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, and culture, hereinafter referred to as the National Register, and to grant funds to States for the purpose of preparing comprehensive statewide historic surveys and plans, in accordance with criteria established by the Secretary, for the preservation, acquisition, and development of such properties;
 * (2) to establish a program of matching grants-in-aid to States for projects having as their purpose the preservation for public benefit of properties that are significant in American history, architecture, archeology, and culture; and
 * (3) to establish a program of matching grant-in-aid to the National Trust for Historic Preservation in the United States, chartered by act of Congress approved October 26, 1949 (63 Stat. 927), as amended, for the purpose of carrying out the responsibilities of the National Trust. Trust; and
 * (4) to withhold from disclosure to the public, information relating to the location of sites or objects listed on the National Register whenever he determines that the disclosure of specific information would create a risk of destruction or harm to such sites or objects.

(b) As used in this Act—

(1) The term “State” includes, in addition to the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Trust Territory of the Pacific Islands. , and the Commonwealth of the Northern Mariana Islands.

(2) The term “project” means programs of State and local governments and other public bodies and private organizations and individuals for the acquisition of title or interests in, and for the development of, any district, site, building, structure, or object that is significant in American history, architecture, archeology, and culture, or property used in connection therewith, and for its development in order to assure the preservation for public benefit of any such historical properties.

(3) The term “historic preservation” includes the protection, rehabilitation, restoration, and reconstruction of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, or culture.

(4) The term “Secretary” means the Secretary of the Interior.

102. (a) No grant may be made under this Act—

 * (1) unless application therefor is submitted to the Secretary in accordance with regulations and procedures prescribed by him;
 * (2) unless the application is in accordance with the comprehensive statewide historic preservation plan which has been approved by the Secretary after considering its relationship to the comprehensive statewide outdoor recreation plan prepared pursuant to the Land and Water Conservation Fund Act of 1965 (78 Stat. 897);
 * (3) for more than 50 per centum of the total cost involved, as determined by the Secretary and his determination shall be final;
 * (4) unless the grantee has agreed to make such reports, in such form and containing such information as the Secretary may from time to time require;
 * (5) unless the grantee has agreed to assume, after completion of the project, the total cost of the continued maintenance, repair, and administration of the property in a manner satisfactory to the Secretary; and
 * (6) until the grantee has complied with such further terms and conditions as the Secretary may deem necessary or advisable.

(b) The Secretary may in his discretion waive the requirements of subsection (a), paragraphs (2) and (5) of this section for any grant under this Act to the National Trust for Historic Preservation in the United States, in which case a grant to the National Trust may include funds for the maintenance, repair, and administration of the property in a manner satisfactory to the Secretary.

(c) The Secretary may in his discretion waive the requirements of paragraph (3) of subsection (a) of this section for the purposes of making grants for the preparation of statewide historic preservation plans and surveys and project plans. Any grant made pursuant to this subsection may not exceed 70 per centum of the cost of a project, and the total of such grants made pursuant to this subsection in any one fiscal year may not exceed one-half of the funds appropriated for that fiscal year pursuant to section 108 of this Act.

(d) No State shall be permitted to utilize the value of real property obtained before the date of approval of this Act in meeting the remaining cost of a project for which a grant is made under this Act.

103. (a) The amounts appropriated and made available for grants to the States for comprehensive statewide historic surveys and plans under this Act shall be apportioned among the States by the Secretary on the basis of needs as determined by him:.

(b) The amounts appropriated and made available for grants to the States for projects under this Act for each fiscal year shall be apportioned among the States by the Secretary in accordance with needs as disclosed in approved statewide historic preservation plans.

The Secretary shall notify each State of its apportionment, and the amounts thereof shall be available thereafter for payment to such State for projects in accordance with the provisions of this Act. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given, and for two fiscal years thereafter, shall be reapportioned by the Secretary in accordance with this subsection.

104. (a) No grant may be made by the Secretary for or on account of any survey or project under this Act with respect to which financial assistance has been given or promised under any other Federal program or activity, and no financial assistance may be given under any other Federal program or activity for or on account of any survey or project with respect to which assistance has been given or promised under this Act.

(b) In order to assure consistency in policies and actions under this Act with other related Federal programs and activities, and to assure coordination of the planning acquisition, and development assistance to States under this Act with other related Federal programs, and activities, the President may issue such regulations with respect thereto as he deems desirable, and such assistance may be provided only in accordance with such regulations.

105. The beneficiary of assistance under this Act shall keep such records as the Secretary shall prescribe, including records which fully disclose the disposition by the beneficiary of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

106. The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under title II of this Act a reasonable opportunity to comment with regard to such undertaking.

107. Nothing in this Act shall be construed to be applicable to the White House and its grounds, the Supreme Court building and its grounds, or the United States Capitol and its related buildings and grounds.

108. To carry out the provisions of this Act, there is hereby established the Historic Preservation Fund (hereafter referred to as the “fund”) in the Treasury of the United States.

There shall be covered into such fund $24,400,000 for fiscal year 1977, $100,000,000 for fiscal year 1978, $100,000,000 for fiscal year 1979, $150,000,000 for fiscal year 1980, and $150,000,000 for fiscal year 1981, from revenues due and payable to the United States under the Outer Continental Shelf Lands Act (67 Stat. 462, 469), as amended (43 U.S.C. 338), and/or under the Act of June 4, 1920 (41 Stat. 813), as amended (30 U.S.C. 191), notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Such moneys shall be used only to carry out the purposes of this Act and shall be available for expenditure only when appropriated by the Congress. Any moneys not appropriated shall remain available in the fund until appropriated for said purposes: Provided, That appropriations made pursuant to this paragraph may be made without fiscal year limitation.

201. (a) There is established as an independent agency of the United States Government an Advisory Council on Historic Preservation (hereinafter referred to as the “Council”) which shall be composed of twenty-nine members as follows:

 * (1) The Secretary of the Interior;
 * (2) The Secretary of Housing and Urban Development;
 * (3) The Secretary of Commerce;
 * (4) The Administrator of the General Services Administration;
 * (5) The Secretary of the Treasury;
 * (6) The Attorney General;
 * (7) The Secretary of Agriculture;
 * (8) The Secretary of Transportation;
 * (9) The Secretary of State;
 * (10) The Secretary of Defense;
 * (11) The Secretary of Health, Education, and Welfare;
 * (12) The Chairman of the Council on Environmental Quality;
 * (13) The Chairman of the Federal Council on the Arts and Humanities;
 * (14) The Architect of the Capitol;
 * (15) The Secretary of the Smithsonian Institution;
 * (16) The Chairman of the National Trust for Historic Preservation;
 * (17) The President of the National Conference of State Historic Preservation Officers; and
 * (18) Twelve appointed by the President from outside the Federal Government. In making these appointments, the President shall give due consideration to the selection of officers of State and local governments and individuals who are significantly interested and experienced in the matters to be considered by the Council.

(b) Each member of the Council specified in paragraphs (1) through (17) of subsection (a) may designate another officer of his department, agency, or organization to serve on the Council in his stead.

(c) Each member of the Council appointed under paragraph (18) of subsection (a) shall serve for a term of five years from the expiration of his predecessor’s term; except that the members first appointed under that paragraph shall serve for terms of from one to five years, as designated by the President at the time of appointment, in such manner as to insure that the terms of not less than one nor more than two of them will expire in any one year.

(d) A vacancy in the Council shall not affect its powers, but shall be filled in the same manner as the original appointment (and for the balance of the unexpired term).

(e) The Chairman and the Vice Chairman of the Council shall be designated by the President. During the absence or disability of the Chairman or when the office is vacant, the Vice Chairman shall act in the place of the Chairman.

(f) Fifteen members of the Council shall constitute a quorum.

202. (a) The Council shall—

 * (1) advise the President and the Congress on matters relating to historic preservation; recommend measures to coordinate activities of Federal, State, and local agencies and private institutions and individuals relating to historic preservation; and advise on the dissemination of information pertaining to such activities;
 * (2) encourage, in cooperation with the National Trust for Historic Preservation and appropriate private agencies, public interest and participation in historic preservation;
 * (3) recommend the conduct of studies in such areas as the adequacy of legislative and administrative statutes and regulations pertaining to historic preservation activities of State and local governments and the effects of tax policies at all levels of government on historic preservation;
 * (4) advise as to guidelines for the assistance of State and local governments in drafting legislation relating to historic preservation; and
 * (5) encourage, in cooperation with appropriate public and private agencies and institutions, training and education in the field of historic preservation.

(b) The Council shall submit annually a comprehensive report of its activities and the results of its studies to the President and the Congress and shall from time to time submit such additional and special reports as it deems advisable. Each report shall propose such legislative enactments and other actions as, in the judgment of the Council, are necessary and appropriate to carry out its recommendations.

203. The Council is authorized to secure directly from any department, bureau, agency, board, commission, office, independent establishment or instrumentality of the executive branch of the Federal Government information, suggestions, estimates, and statistics for the purpose of this title; and each such department, bureau, agency, board, commission, office, independent establishment or instrumentality is authorized to furnish such information, suggestions, estimates, and statistics to the extent permitted by law and within available funds.

204. The members of the Council specified in paragraphs (1) through (17) of section 201(a) shall serve without additional compensation. The members of the Council appointed under paragraph (18) of section 201(a) shall receive $100 per diem when engaged in the performance of the duties of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council.

205. (a) There shall be an Executive Director of the Council Executive who shall be appointed in the competitive service by the Chairman with the concurrence of the Council. The Executive Director shall report directly to the Council and perform such functions and duties as the Council may prescribe.

(b) The Council shall have a General Counsel, who shall be appointed by the Executive Director. The General Counsel shall report directly to the Executive Director and serve as the Council’s legal advisor. The Executive Director shall appoint such other attorneys as may be necessary to assist the General Counsel, represent the Council in courts of law whenever appropriate, assist the Department of Justice in handling litigation concerning the Council in courts of law, and perform such other legal duties and functions as the Executive Director and the Council may direct.

(c) The Executive Director of the Council may appoint and fix the compensation of such officers and employees in the competitive service as are necessary to perform the functions of the Council at rates not to exceed that now or hereafter prescribed for the highest rate for grade 15 of the General Schedule under section 5332 of title 5, United States Code: Provided, however, That the Executive Director, with the concurrence of the Chairman, may appoint and fix the compensation of not to exceed five employees in the competitive service at rates not to exceed that now or hereafter prescribed for the highest rate of grade 17 of the General Schedule under section 5332 of title 5, United States Code.

(d) The Executive Director shall have power to appoint and fix the compensation of such additional personnel as may be necessary to carry out its duties, without regard to the provisions of the civil service laws and the Classification Act of 1949.

(e) The Executive Director of the Council is authorized to procure expert and consultant services in accordance with the provisions of section 3109 of title 5, United States Code.

(f) Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel and procurement) shall be provided the Council by the Department of the Interior, for which payments shall be made in advance, or by reimbursement, from funds of the Council in such amounts as may be agreed upon by the Chairman of the Council and the Secretary of the Interior: Provided, That the regulations of the Department of the Interior for the collection of indebtedness of personnel resulting from erroneous payments (5 U.S.C. 46e) shall apply to the collection of erroneous payments made to or on behalf of a Council employee, and regulations of said Secretary for the administrative control of funds (31 U.S.C. 665(g)) shall apply to appropriations of the Council: And provided further, That the Council shall not be required to prescribe such regulations.

(g) The members of the Council specified in paragraphs (1) through (16) of section 201(a) shall provide the Council, with or without reimbursement as may be agreed upon by the Chairman and the members, with such funds, personnel, facilities, and services under their jurisdiction and control as may be needed by the Council to carry out its duties, to the extent that such funds, personnel, facilities, and services are requested by the Council and are otherwise available for that purpose. To the extent of available appropriations, the Council may obtain, by purchase, rental, donation, or otherwise, such additional property, facilities, and services as may be needed to carry out its duties.

206. (a) The participation of the United States as a member in the International Centre for the Study of the Preservation and Restoration of Cultural Property is hereby authorized.

(b) The Council shall recommend to the Secretary of State, after consultation with the Smithsonian Institution and other public and private organizations concerned with the technical problems of preservation, the members of the official delegation which will participate in the activities of the Centre on behalf of the United Spates. The Secretary of State shall appoint the members of the official delegation from the persons recommended to him by the Council.

(c) For the purposes of this section there is authorized to be appropriated an amount equal to the assessment for United States membership in the Centre for fiscal years 1979, 1980, 1981, and 1982: Provided, That no appropriation is authorized and no payment shall be made to the Centre in excess of 25 per centum of the total annual assessment of such organization. Authorization for payment of such assessments shall begin in fiscal year 1981, but shall include earlier costs.

207. So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, programed, or available or to be made available by the Department of the Interior in connection with the functions of the Council, as the Director of the Office of Management and Budget shall determine, shall be transferred from the Department to the Council within 60 days of the effective date of this Act.

208. Any employee in the competitive service of the United States transferred to the Council under the provisions of this section shall retain all the rights, benefits, and privileges pertaining thereto held prior to such transfer.

209. The Council is exempt from the provisions of the Federal Advisory Committee Act (86 Stat. 770), and the provisions of the Administrative Procedure Act (80 Stat. 381) shall govern the operations of the Council.

210. Whenever the Council transmits any legislative recommendations, or testimony, or comments on legislation to the President or the Office of Management and Budget, it shall concurrently transmit copies thereof to the House Committee on Interior and Insular Affairs and the Senate Committee on Interior and Insular Affairs. No officer or agency of the United States shall have any authority to require the Council to submit its legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. In instances in which the Council voluntarily seeks to obtain the comments or review of any officer or agency of the United States, the Council shall include a description of such actions in its legislative recommendations, testimony, or comments on legislation which it transmits to the Congress.

211. The Council is authorized to promulgate such rules and regulations as it deems necessary to govern the implementation of section 106 of this Act.

212. (a) The Council shall submit its budget annually as a related agency of the Department of the Interior. To carry out the provisions of this title, there are authorized to be appropriated not more than $1,500,000 in fiscal year 1977, $1,750,000 in fiscal year 1978, and $2,000,000 in fiscal year 1979.

(b) Whenever the Council submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit copies of that estimate or request to the House and Senate Appropriations Committees and the House Committee on Interior and Insular Affairs and the Senate Committee on Interior and Insular Affairs. Senate Committee on Energy and Natural Resources.


text:
National Historic Preservation Act/Annotated/96-205/New

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

The Congress finds and declares—

 * (a) that the spirit and direction of the Nation are founded upon and reflected in its historic past;
 * (b) that the historical and cultural foundations of the Nation should be preserved as a living part of our community life and development in order to give a sense of orientation to the American people;
 * (c) that, in the face of ever-increasing extensions of urban centers, highways, and residential, commercial, and industrial developments, the present governmental and nongovernmental historic preservation programs and activities are inadequate to insure future generations a genuine opportunity to appreciate and enjoy the rich heritage of our Nation; and
 * (d) that, although the major burdens of historic preservation have been borne and major efforts initiated by private agencies and individuals, and both should continue to play a vital role, it is nevertheless necessary and appropriate for the Federal Government to accelerate its historic preservation programs and activities, to give maximum encouragement to agencies and individuals undertaking preservation by private means, and to assist State and local governments and the National Trust for Historic Preservation in the United States to expand and accelerate their historic preservation programs and activities.

101. (a) The Secretary of the Interior is authorized—

 * (1) to expand and maintain a national register of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, and culture, hereinafter referred to as the National Register, and to grant funds to States for the purpose of preparing comprehensive statewide historic surveys and plans, in accordance with criteria established by the Secretary, for the preservation, acquisition, and development of such properties;
 * (2) to establish a program of matching grants-in-aid to States for projects having as their purpose the preservation for public benefit of properties that are significant in American history, architecture, archeology, and culture;
 * (3) to establish a program of matching grant-in-aid to the National Trust for Historic Preservation in the United States, chartered by act of Congress approved October 26, 1949 (63 Stat. 927), as amended, for the purpose of carrying out the responsibilities of the National Trust; and
 * (4) to withhold from disclosure to the public, information relating to the location of sites or objects listed on the National Register whenever he determines that the disclosure of specific information would create a risk of destruction or harm to such sites or objects.

(b) As used in this Act—

(1) The term “State” includes, in addition to the several States of the Union, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, and the Commonwealth of the Northern Mariana Islands.

(2) The term “project” means programs of State and local governments and other public bodies and private organizations and individuals for the acquisition of title or interests in, and for the development of, any district, site, building, structure, or object that is significant in American history, architecture, archeology, and culture, or property used in connection therewith, and for its development in order to assure the preservation for public benefit of any such historical properties.

(3) The term “historic preservation” includes the protection, rehabilitation, restoration, and reconstruction of districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, or culture.

(4) The term “Secretary” means the Secretary of the Interior.

102. (a) No grant may be made under this Act—

 * (1) unless application therefor is submitted to the Secretary in accordance with regulations and procedures prescribed by him;
 * (2) unless the application is in accordance with the comprehensive statewide historic preservation plan which has been approved by the Secretary after considering its relationship to the comprehensive statewide outdoor recreation plan prepared pursuant to the Land and Water Conservation Fund Act of 1965 (78 Stat. 897);
 * (3) for more than 50 per centum of the total cost involved, as determined by the Secretary and his determination shall be final;
 * (4) unless the grantee has agreed to make such reports, in such form and containing such information as the Secretary may from time to time require;
 * (5) unless the grantee has agreed to assume, after completion of the project, the total cost of the continued maintenance, repair, and administration of the property in a manner satisfactory to the Secretary; and
 * (6) until the grantee has complied with such further terms and conditions as the Secretary may deem necessary or advisable.

(b) The Secretary may in his discretion waive the requirements of subsection (a), paragraphs (2) and (5) of this section for any grant under this Act to the National Trust for Historic Preservation in the United States, in which case a grant to the National Trust may include funds for the maintenance, repair, and administration of the property in a manner satisfactory to the Secretary.

(c) The Secretary may in his discretion waive the requirements of paragraph (3) of subsection (a) of this section for the purposes of making grants for the preparation of statewide historic preservation plans and surveys and project plans. Any grant made pursuant to this subsection may not exceed 70 per centum of the cost of a project, and the total of such grants made pursuant to this subsection in any one fiscal year may not exceed one-half of the funds appropriated for that fiscal year pursuant to section 108 of this Act.

(d) No State shall be permitted to utilize the value of real property obtained before the date of approval of this Act in meeting the remaining cost of a project for which a grant is made under this Act.

103. (a) The amounts appropriated and made available for grants to the States for comprehensive statewide historic surveys and plans under this Act shall be apportioned among the States by the Secretary on the basis of needs as determined by him:.

(b) The amounts appropriated and made available for grants to the States for projects under this Act for each fiscal year shall be apportioned among the States by the Secretary in accordance with needs as disclosed in approved statewide historic preservation plans.

The Secretary shall notify each State of its apportionment, and the amounts thereof shall be available thereafter for payment to such State for projects in accordance with the provisions of this Act. Any amount of any apportionment that has not been paid or obligated by the Secretary during the fiscal year in which such notification is given, and for two fiscal years thereafter, shall be reapportioned by the Secretary in accordance with this subsection.

104. (a) No grant may be made by the Secretary for or on account of any survey or project under this Act with respect to which financial assistance has been given or promised under any other Federal program or activity, and no financial assistance may be given under any other Federal program or activity for or on account of any survey or project with respect to which assistance has been given or promised under this Act.

(b) In order to assure consistency in policies and actions under this Act with other related Federal programs and activities, and to assure coordination of the planning acquisition, and development assistance to States under this Act with other related Federal programs, and activities, the President may issue such regulations with respect thereto as he deems desirable, and such assistance may be provided only in accordance with such regulations.

105. The beneficiary of assistance under this Act shall keep such records as the Secretary shall prescribe, including records which fully disclose the disposition by the beneficiary of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit.

106. The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking shall, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, as the case may be, take into account the effect of the undertaking on any district, site, building, structure, or object that is included in or eligible for inclusion in the National Register. The head of any such Federal agency shall afford the Advisory Council on Historic Preservation established under title II of this Act a reasonable opportunity to comment with regard to such undertaking.

107. Nothing in this Act shall be construed to be applicable to the White House and its grounds, the Supreme Court building and its grounds, or the United States Capitol and its related buildings and grounds.

108. To carry out the provisions of this Act, there is hereby established the Historic Preservation Fund (hereafter referred to as the “fund”) in the Treasury of the United States.

There shall be covered into such fund $24,400,000 for fiscal year 1977, $100,000,000 for fiscal year 1978, $100,000,000 for fiscal year 1979, $150,000,000 for fiscal year 1980, and $150,000,000 for fiscal year 1981, from revenues due and payable to the United States under the Outer Continental Shelf Lands Act (67 Stat. 462, 469), as amended (43 U.S.C. 338), and/or under the Act of June 4, 1920 (41 Stat. 813), as amended (30 U.S.C. 191), notwithstanding any provision of law that such proceeds shall be credited to miscellaneous receipts of the Treasury. Such moneys shall be used only to carry out the purposes of this Act and shall be available for expenditure only when appropriated by the Congress. Any moneys not appropriated shall remain available in the fund until appropriated for said purposes: Provided, That appropriations made pursuant to this paragraph may be made without fiscal year limitation.

201. (a) There is established as an independent agency of the United States Government an Advisory Council on Historic Preservation (hereinafter referred to as the “Council”) which shall be composed of twenty-nine members as follows:

 * (1) The Secretary of the Interior;
 * (2) The Secretary of Housing and Urban Development;
 * (3) The Secretary of Commerce;
 * (4) The Administrator of the General Services Administration;
 * (5) The Secretary of the Treasury;
 * (6) The Attorney General;
 * (7) The Secretary of Agriculture;
 * (8) The Secretary of Transportation;
 * (9) The Secretary of State;
 * (10) The Secretary of Defense;
 * (11) The Secretary of Health, Education, and Welfare;
 * (12) The Chairman of the Council on Environmental Quality;
 * (13) The Chairman of the Federal Council on the Arts and Humanities;
 * (14) The Architect of the Capitol;
 * (15) The Secretary of the Smithsonian Institution;
 * (16) The Chairman of the National Trust for Historic Preservation;
 * (17) The President of the National Conference of State Historic Preservation Officers; and
 * (18) Twelve appointed by the President from outside the Federal Government. In making these appointments, the President shall give due consideration to the selection of officers of State and local governments and individuals who are significantly interested and experienced in the matters to be considered by the Council.

(b) Each member of the Council specified in paragraphs (1) through (17) of subsection (a) may designate another officer of his department, agency, or organization to serve on the Council in his stead.

(c) Each member of the Council appointed under paragraph (18) of subsection (a) shall serve for a term of five years from the expiration of his predecessor’s term; except that the members first appointed under that paragraph shall serve for terms of from one to five years, as designated by the President at the time of appointment, in such manner as to insure that the terms of not less than one nor more than two of them will expire in any one year.

(d) A vacancy in the Council shall not affect its powers, but shall be filled in the same manner as the original appointment (and for the balance of the unexpired term).

(e) The Chairman and the Vice Chairman of the Council shall be designated by the President. During the absence or disability of the Chairman or when the office is vacant, the Vice Chairman shall act in the place of the Chairman.

(f) Fifteen members of the Council shall constitute a quorum.

202. (a) The Council shall—

 * (1) advise the President and the Congress on matters relating to historic preservation; recommend measures to coordinate activities of Federal, State, and local agencies and private institutions and individuals relating to historic preservation; and advise on the dissemination of information pertaining to such activities;
 * (2) encourage, in cooperation with the National Trust for Historic Preservation and appropriate private agencies, public interest and participation in historic preservation;
 * (3) recommend the conduct of studies in such areas as the adequacy of legislative and administrative statutes and regulations pertaining to historic preservation activities of State and local governments and the effects of tax policies at all levels of government on historic preservation;
 * (4) advise as to guidelines for the assistance of State and local governments in drafting legislation relating to historic preservation; and
 * (5) encourage, in cooperation with appropriate public and private agencies and institutions, training and education in the field of historic preservation.

(b) The Council shall submit annually a comprehensive report of its activities and the results of its studies to the President and the Congress and shall from time to time submit such additional and special reports as it deems advisable. Each report shall propose such legislative enactments and other actions as, in the judgment of the Council, are necessary and appropriate to carry out its recommendations.

203. The Council is authorized to secure directly from any department, bureau, agency, board, commission, office, independent establishment or instrumentality of the executive branch of the Federal Government information, suggestions, estimates, and statistics for the purpose of this title; and each such department, bureau, agency, board, commission, office, independent establishment or instrumentality is authorized to furnish such information, suggestions, estimates, and statistics to the extent permitted by law and within available funds.

204. The members of the Council specified in paragraphs (1) through (17) of section 201(a) shall serve without additional compensation. The members of the Council appointed under paragraph (18) of section 201(a) shall receive $100 per diem when engaged in the performance of the duties of the Council. All members of the Council shall receive reimbursement for necessary traveling and subsistence expenses incurred by them in the performance of the duties of the Council.

205. (a) There shall be an Executive Director of the Council Executive who shall be appointed in the competitive service by the Chairman with the concurrence of the Council. The Executive Director shall report directly to the Council and perform such functions and duties as the Council may prescribe.

(b) The Council shall have a General Counsel, who shall be appointed by the Executive Director. The General Counsel shall report directly to the Executive Director and serve as the Council’s legal advisor. The Executive Director shall appoint such other attorneys as may be necessary to assist the General Counsel, represent the Council in courts of law whenever appropriate, assist the Department of Justice in handling litigation concerning the Council in courts of law, and perform such other legal duties and functions as the Executive Director and the Council may direct.

(c) The Executive Director of the Council may appoint and fix the compensation of such officers and employees in the competitive service as are necessary to perform the functions of the Council at rates not to exceed that now or hereafter prescribed for the highest rate for grade 15 of the General Schedule under section 5332 of title 5, United States Code: Provided, however, That the Executive Director, with the concurrence of the Chairman, may appoint and fix the compensation of not to exceed five employees in the competitive service at rates not to exceed that now or hereafter prescribed for the highest rate of grade 17 of the General Schedule under section 5332 of title 5, United States Code.

(d) The Executive Director shall have power to appoint and fix the compensation of such additional personnel as may be necessary to carry out its duties, without regard to the provisions of the civil service laws and the Classification Act of 1949.

(e) The Executive Director of the Council is authorized to procure expert and consultant services in accordance with the provisions of section 3109 of title 5, United States Code.

(f) Financial and administrative services (including those related to budgeting, accounting, financial reporting, personnel and procurement) shall be provided the Council by the Department of the Interior, for which payments shall be made in advance, or by reimbursement, from funds of the Council in such amounts as may be agreed upon by the Chairman of the Council and the Secretary of the Interior: Provided, That the regulations of the Department of the Interior for the collection of indebtedness of personnel resulting from erroneous payments (5 U.S.C. 46e) shall apply to the collection of erroneous payments made to or on behalf of a Council employee, and regulations of said Secretary for the administrative control of funds (31 U.S.C. 665(g)) shall apply to appropriations of the Council: And provided further, That the Council shall not be required to prescribe such regulations.

(g) The members of the Council specified in paragraphs (1) through (16) of section 201(a) shall provide the Council, with or without reimbursement as may be agreed upon by the Chairman and the members, with such funds, personnel, facilities, and services under their jurisdiction and control as may be needed by the Council to carry out its duties, to the extent that such funds, personnel, facilities, and services are requested by the Council and are otherwise available for that purpose. To the extent of available appropriations, the Council may obtain, by purchase, rental, donation, or otherwise, such additional property, facilities, and services as may be needed to carry out its duties.

206. (a) The participation of the United States as a member in the International Centre for the Study of the Preservation and Restoration of Cultural Property is hereby authorized.

(b) The Council shall recommend to the Secretary of State, after consultation with the Smithsonian Institution and other public and private organizations concerned with the technical problems of preservation, the members of the official delegation which will participate in the activities of the Centre on behalf of the United Spates. The Secretary of State shall appoint the members of the official delegation from the persons recommended to him by the Council.

(c) For the purposes of this section there is authorized to be appropriated an amount equal to the assessment for United States membership in the Centre for fiscal years 1979, 1980, 1981, and 1982: Provided, That no appropriation is authorized and no payment shall be made to the Centre in excess of 25 per centum of the total annual assessment of such organization. Authorization for payment of such assessments shall begin in fiscal year 1981, but shall include earlier costs.

207. So much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, held, used, programed, or available or to be made available by the Department of the Interior in connection with the functions of the Council, as the Director of the Office of Management and Budget shall determine, shall be transferred from the Department to the Council within 60 days of the effective date of this Act.

208. Any employee in the competitive service of the United States transferred to the Council under the provisions of this section shall retain all the rights, benefits, and privileges pertaining thereto held prior to such transfer.

209. The Council is exempt from the provisions of the Federal Advisory Committee Act (86 Stat. 770), and the provisions of the Administrative Procedure Act (80 Stat. 381) shall govern the operations of the Council.

210. Whenever the Council transmits any legislative recommendations, or testimony, or comments on legislation to the President or the Office of Management and Budget, it shall concurrently transmit copies thereof to the House Committee on Interior and Insular Affairs and the Senate Committee on Interior and Insular Affairs. No officer or agency of the United States shall have any authority to require the Council to submit its legislative recommendations, or testimony, or comments on legislation to any officer or agency of the United States for approval, comments, or review, prior to the submission of such recommendations, testimony, or comments to the Congress. In instances in which the Council voluntarily seeks to obtain the comments or review of any officer or agency of the United States, the Council shall include a description of such actions in its legislative recommendations, testimony, or comments on legislation which it transmits to the Congress.

211. The Council is authorized to promulgate such rules and regulations as it deems necessary to govern the implementation of section 106 of this Act.

212. (a) The Council shall submit its budget annually as a related agency of the Department of the Interior. To carry out the provisions of this title, there are authorized to be appropriated not more than $1,500,000 in fiscal year 1977, $1,750,000 in fiscal year 1978, and $2,000,000 in fiscal year 1979.

(b) Whenever the Council submits any budget estimate or request to the President or the Office of Management and Budget, it shall concurrently transmit copies of that estimate or request to the House and Senate Appropriations Committees and the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources.

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 leaves this to his successor, together with the solution of a series of the most delicate problems, such as the issue of paper money; the restoration of lands "unlawfully" expropriated during the revolution; the denationalization and return of the railways to the British companies; the payment of interest and amortization of foreign debts and the regulation of Articles 27 and 123 of the Constitution. But it is absolutely impossible for a social-reformist government to solve these problems within the limits required by capitalist social order, or in a manner even remotely "satisfying all sections of the population." For the Calles Government there exist but two possibilities: either to betray the workers and peasants shamefully (i.e. to put the State apparatus fully at the disposal of the capitalists, to restrict and sabotage all the gains of organized labor, ruthlessly to apply the pressure of taxation on the, peasants and the petty-bourgeoisie, to maintain an expensive military apparatus, and to achieve all this by placing their own men in the appropriate administativeadministrative [sic] posts), or, by trying to satisfy everyone, to end in complete bankruptcy. Both paths lead to results advantageously to the bourgeoisie, namely, the compromise of the so-called socialist government in the eyes of the masses. That will be the moment when reaction will reassert itself, and when the United States will be able to make good its threats of intervention. But at that moment, Obregon and his friend, De La Huerta, will appear as friends in need in order to "save the fatherland from its condition of permanent revolution and to lead it on the path to national prosperity." With the slogan "security for trade and industry," the Constitution of 1917 will be annulled.

Another trend of development, which will lead to the same results, is the following: The large estate owners, together with the dissatisfied army officers, and the rich adherents of the catholic church, supported financially by American oil capital, are preparing for a reactionary coup d'etat in the election. As soon as the movement has developed into a real danger, Obregon will intervene with all the forces at his command in order "to save the country from further years of civil war," and, by means of a provisional election, he will either have De La Huerta elected, or himself re-elected.

The possibilities of a reactionary victory are small; in the event of a counter-revolution, Obregon will have the support and sympathies of the majority of the population behind him.

In the face of these conditions, what are the tasks of the Communist Party, and what attitude must it adopt in the coming presidential election?


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 The first task of the Party must be to state clearly and plainly what the situation is and how it will develop. Secondly, it must be clearly realized that it is not a matter of indifference for the revolutionary labor movement whether Calles or De La Huerta betray the working classes, even though both will end in the same results. The whole situation is not a comedy, as it might appear, but a real fight. It is an attempt on the part of petty-bourgeois democracy to keep its head above water, and it can do that only by possessing political power. The interests of the working class are also involved in this struggle, for the only allies on which the petty-bourgeoisie can rely, are the working class and the peasantry. Calles must therefore make concessions to these classes. It is already apparent that the overwhelming majority of the workers and peasants will support the candidature of Calles. If the whole working class participates m this struggle, the Communist Party must not stand aside and look on; it must fight with the others, for Calles today means protection for the masses from reaction and clerical domination. But it is the duty of the communists to combat the illusions of the masses as to the ability of the Calles Government actually to give this protection. Throughout the period of Obregon's regime, Calles silently participated in the attacks of the Government on the working class. Calles will behave on a national scale just as Felipe Carrillo behaved on a local scale in Yucatan. He will suppress the trade unions opposed to him and persecute the communists; he will not hesitate to shoot them down if necessary. In spite of this, the Communist Party must participate in the elections on behalf of Calles. Certainly not as enthusiastic followers of the coming government. This tactic is merely a necessary halting place on the road to the Workers' and Peasants' Government, on the road to the proletarian revolution and the dictatorship of the proletariat. The result developing from the Calles Government will open the eyes of the Mexican proletariat to the impotency of reformism, to the powerlessness and corruptibility of opportunistic and petty-bourgeois anarchist phraseology. The Mexican workers and peasants will recognize that there exist but two kinds of politics; the one that leads to the dictatorship of the bourgeoisie, and the one that leads to the domination of the proletariat, and which is represented by the slogan: All power to the workers and peasants. Many honest workers will say to the communists: If you are already prophesying the treachery of Calles, then your participation in the fight is nothing but a manoeuvre to compromise Calles. But such a statement of the question is incorrect and undialectical. That Calles will com-


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 THE LANGHAM SERIES

AN ILLUSTRATED COLLECTION

OF ART MONOGRAPHS

EDITED BY SELWYN BRINTON, M.A.


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 THE LANGHAM SERIES OF ART MONOGRAPHS EDITED BY SELWYN BRINTON,

M.A.

VOL. I. BARTOLOZZI AND HIS PUPILS IN ENGLAND. By SELWYN BRINTON, M.A.

VOL.

II.

EDWARD

COLOUR-PRINTS

OF JAPAN.

By

F. STRANGE.

VOL. III. MARTRE.

THE ILLUSTRATORS OF MONTBy FRANK L. EMANUEL.

VOL. IV.

AUGUSTS RODIN. By RUDOLPH Author of " Verisimilitudes "

DIRCKS,

and

"The

Libretto."

VENICE ALBERT ZACHER.

VOL. V.

AS

AN

ART

CITY.

By

[Nearly ready

VOL. VI. LONDON AS AN ART CITY. By Mrs. STEUART ERSKINE, Author of " Lady Diana Beauclerc," &c. [In the Press

These volumes will be artistically presented and profusely illustrated, both with colour plates and photogravures, and neatly

bound

in

art

canvas,

leather, 2J. 6d. net.

is.

6d.

net, or in


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TO MY BROTHERS


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ILLUSTRATIONS


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CONTENTS


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viii


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I

A. STEINLEN

HERE is no modern illustrator whose work has more completely won the admiration of his fellows of the brush, whatever their predilection in art, than Steinlen, Be the studio in Paris, in London, in Munich, be it even in Timbuctoo, from some discreet corner will be drawn a treasured copy or two of Gil Blas Illustré illustrated by Steinlen — forthwith to be discussed, and as surely lauded without stint.

This is not to imply that Steinlen is what is termed "a painter's painter" and nothing more; for the artist we are now considering is one of the few who are sufficiently great to have captured the warmest appreciation from the public at large, as well as from the critical ranks of his fellow workers.

The "painters' painter" is, as a rule, if nothing else, a master of technique, one whose work shows


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on the face of it the sheer joy evinced in the skilful manipulation of the medium employed — the exceptions

to this rule being the men whose work reflects some subtle or involved workings of the brain, and whose great thoughts are felt to outweigh the shortcomings of faulty technique, They are of course styled "painters' painters" because their work appeals to artists and other highly trained critics; and it is useless to expect any but the most


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sensitive among the public to appreciate them. In smoothness and "softness" consists the acme of technical perfection in the eyes of the untrained, who, as regards figure subjects, prefer something which appears to the artist to be inane and commonplace, and as regards landscape subjects, insipid prettiness is always preferred to greatness or originality of view. In either case an excess of detail is a "sine quâ non," and such "plébiscites" as have been taken in England have almost invariably proved that the inferior painters are the most popular,

Yet, occasionally a great artist arises who will upset these canons, and compel the admiration of connoisseur and public alike; such an one is Steinlen.

Just as it may be presumed that J. F, Millet's popularity extends to all classes, so is it certain that the "Millet of the streets" will be equally widely and lastingly appreciated.

'The pioneer work that Millet did m interpreting the toilsome life of the French peasantry has been extended by Steinlen to the denizens — reputable and disreputable — of the nearer suburbs of Paris.

Born in Lausanne, he was trained for the church; and we may feel sure that had he joined that profession he would have been a forcible advocate of the poor and the ili-favoured, and that his blunt honesty of diction would have dealt his congregation some rude shocks indeed.

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man would out. In 1882 he journeyed to Paris; there to undergo much privation and many hard ships before getting a foothold drawing accepted by  paper "Le Chat Noir" which was to prove the first rung on his ladder to fame.

Rudolph Salis' artistic cabaret of the "Black Cat" was the editorial office of and at the same time a centre of all that was Bohemian and daring this paper, and go-ahead, a forcing ground of impatient talent. These first notable studies by Steinlen were of cats and of children. It was here that our artist met the authors whose work he was later to illustrate; more particularly he struck up a friendship with that fierce poet "cabaretier", Aristide Bruant, whose powerful and terror-striking poems dealt with the

very world that interested Steinlen to the quick, and provided him with the stimulus for many of his finest drawings. They both show us the, to of the us, shabby joys "faubouriens", and their terrible struggles with one another and with Dame Fortune.

Steinlen's field of labour has been in the so-called


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eccentric quarters of Paris — that is to say, on that soiled fringe of nondescript outlying districts of the Ville Lumiére, which is separated from the city proper by the circlet of shabby-genteel exterior boulevards. Many of these suburbs were at one time peaceful, outlying villages; but they have now been swallowed, and more or less thoroughly digested, by the metropolis. Thus it comes that many of them consist of a queer mixture of humble rustic abodes jostling against towering blocks of tenement buildings, or busy factories for ever being pressed outwards by the expanding city.

No less incongruous than these streets are their inhabitants, — chiefly composed of armies upon armies of tatling workers, while there is nevertheless an effervescing sediment or substratum of those who live by violence and crime. The less successful of these who trade on the weaknesses and follies of a vicious city are forced by circumstances to live in these cheaper suburbs, just as are the poorest of the honest classes; and this is so despite the fact that throughout Paris the upper stories of all flats are occupied by the lower, or at any rate the poorer, classes.

Curiosity, and a search for novel experiences wherewith to whet their jaded appetites, brought numbers of roysterers of a higher social grade to the places of amusement affected by this poverty-stricken and criminal population. These same humble places of amusement, more particularly round and about


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Montmartre rapidly flourished out of all recognition of their former selves, and until the recent waning of the craze others were frequently being added to the list. "his influx added to the complex character

of such neighbourhoods. Artists, authors, and other persons of more or less Bohemian tastes, many of them men of great renown and genius, have ever found their home on the commanding heights of the Montmartre cliff.

Among them Steinlen has settled, perched high


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 promise himself does not depend on us, but on his opportunistic policy of compromise with the bourgeoisie. But we, on the contrary, point to the only path by which bankruptcy can be avoided, that is, the path to the realization of the proletarian revolution. But will Calles follow this path? We have sufficient reasons not only to doubt this but to answer in the negative. Calles, Morones, Felipe Carrillo, Soto у Gema, etc. are the Kerenskis, the Eberts, the Noskes, and the Scheidemanns of Mexico. They will wed themselves to Gompers and his whole treacherous clique. But in our propaganda we must as far as possible force the socialists and agrarians to the left. We must demand a declaration today from Calles on the disarming of the peasants which Obregon instigated; we must demand protection for striking workers; punishment for the officials guilty of the murder of workers in Vera Cruz and San-Angel; a ruthless struggle against the fascists; the regulation of Articles 27 and 123; measures against the housing crisis; the division of large estates without recompense to the landlords, etc.

We will not discuss in detail the question of the united front. The debates held during the Third and Fourth World Congresses and during the meeting of the Enlarged Executive of the Comintern which was held recently, are familiar to you. The important thing is to put the question of the united front concretely with reference to conditions in Mexico. The Communist Party must link up the struggle for the united front with all the political and economic questions which affect the interests of the toiling masses. The first task is to popularize the idea of the united front within the organized masses. In the greatest mass movement which the Party has organized thus far, the "Movimiento del Inquilinato," it did not understand how to mould this movement into a mighty driving force for the unfolding of the struggle for the united front. The communists must realize clearly what it means to apply practically "the formation of the united front." It does not mean an amalgamation with the reformists and syndicalists into some rose-colored black-capped united organization. Nor, as some comrades believe, does it mean "temporary compromises," or "a sly artifice" on the part of the Communist Party to unmask the reformists. It is true that the communists, in their fight for the united front, want to unmask the reformists and will unmask them. That is no "sly artifice" on the part of the Communist Party, but a revolutionary fight of the advance guard of the working class against the bureaucratic leaders of the trade un-


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over the myriad glittering roofs and towers and domes of Paris, which lies seething far below, The roar and clatter of the great city reach his window but fitfully, as the sounds are hurried hither and thither on the wings of wayward breezes, the while great stretches of urban landscape are plunged into purple shadow or bathed in golden sunlight as the fleeting clouds chase one another across the great dome of sky.

Most of the artists to be referred to in this little volume are intimately connected with this same breezy, turbulent suburb, and also with the before-mentioned "Chat Noir". This "cabaret", founded and carried on by Salis, himself an artist, for years attracted "le tout Paris" by means of its "réunions" of the most up-to-date artists, authors, and actors, and its unique theatre. Along with its sprightly, risky weekly paper it would form matter for a weighty volume of itself. The students from the "Quartier Latin", moreover, came to share their joyous, reckless hours of leisure between their own beloved neighbourhood of the "Boul' Mich'," and the far-away Mount of the Windmills — Montmartre.

Peasants, workgirls, the starving, the insane, the destitute, those who are fighting misery and those who ate making it, garrotters, thieves, murderers, and a large assortment of parasitical ruffians as well, have all found a sympathetic student and recorder in Steinlen, He understands them, he has a big


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heart, and he pities them all, and what is more he makes us, willy-nilly, pity them also. He delights in showing us that one little touch of remaining nature that makes the whole world akin, and will out in his most abandoned wretch. He makes us feel that his criminals are what nature and cruel circumstances have led them to be. Never does he descend to the narrow-minded, short-sighted, spiteful views of current events, discernible in the work of so many of his talented confrères. 'The firm tenderness of his nature reveals itself in the very lines of his drawings, which, as if to counterbalance the brilliant vivacity of the work of so many French illustrators, display a sturdy thoroughness and sanity.

A notable feature about his work is that — although he depicts the most depraved and immoral, as well as the most poverty-stricken of his fellow citizens — it cannot be said to be low or vulgar.

His drawings of simple peasant life have all the air of having been undertaken as a relaxation from the contemplation of more lurid subjects, He sallies forth among his chance models, sketch-bock in hand, ready to put down notes of salient features and expressive poses, Later to be incorporated in the wonderfully complete drawings which are shown to the public,

Steinlen is a prolific worker. First in importance among the many publications whose pages he has enriched comes the Gil Blas Illustré. It was


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Steinlen who initiated the idea of this Paris daily paper issuing a halfpenny supplement on Sundays containing feuilletons and poetry, illustrated with drawings to be reproduced in two or more colours. Since the year 1891, and until recently, the front and frequently other pages of this paper have consisted of splendid drawings by him, as a rule depicting some terrible or pathetic episode in the lives of the faubouriens or faubouriennes to whom we have already alluded, In every case a background, equally masterly and full of local character, has been introduced. This series of essentially modern subjects was occasionally varied by the appearance of a drawing such as the Chevalier a la Fée or Les Digitales, inspired by some medieval incident or legend, These Steinlen would treat in an entirely different but equally successful manner — the style employed soniewhat resembling that of another masterly designer, namely, Eugéne Grasset. Of his more usual style to pick out such splendid drawings as his suicide in A l'eau, the terrible street fight in the Voix de Sang or Le Vagabond, L' Immolation, Pour les Amoureux et pour les Oisseaux, Marchand de Marrons or 14 Juillet, is but to recall hundreds of others equally worthy of special attention.

In 1895 the Gil Blas employed more colours in its reproductions, and Steinlen rose to the occasion with some daring colour schemes exemplified in La Terre Chante au Crépuscule, Le Poil de Carotte


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and many another drawing. Towards 1896 the range of his subjects noticeably widened.

Among other publications to which he has contributed one recalls Le Chambard, in which appeared splendid lithographs from his own hand, La Feuille, L' Assiette au Beurre, La Vie en Rose, Le Canard Sauvage, etc. In the following music albums will be found some further superb lithographs by Steinlen, namely, Chanson de Montmartre, Chansons du Quartier Latin, and Chanson de Femmes. Among the books he has illustrated are: Les Gaités Bourgeois, Prison fin de Siècle, Dans la Rue, and Dans la Vie — the latter in colour.

Description of a few of his notable drawings, culled here and there, may help us to a better understanding of their quality.

First, then, he shows us the gallery of some dark, putrid Assembly Hall; the air is thick with garlic, and oaths, and gas, whose garish light illuminates a disreputable mob of frenzied anarchists, who are applauding with delirious gusto the sentiments of "Down with everything," "Death to every one."

Next we are taken to some dull, superstitious Breton hamlet; a blind and crippled tramp has arrived, hobbling through on crutches. We feel that his infirmities have hardly saved him from a career of violence. We can almost hear his raucous appeal for alms, as it falls on the ears of a group of simple village children, pitying, yet more than half-


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 {{FI | file = IOM D025 Revolution.jpg | width = 540px | tstyle = font-variant:small-caps; font-size:80% | talign = center | caption = REVOLUTION (Lithographed Poster} }}


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fearing, the uncanny stranger — just as they did the chained bear that passed through a week before.

Less gruesome is a great healthy farmer's lass, surrounded by cocks and hens and clattering her wooden shoes across the cobbled farmyard; or the two fresh little laundry girls, swinging along laden with three great baskets of clean linen. "Look out! there's another of those beastly bicycles," says one of them; "and on Sunday too," comments the other,

'Then again there are idyllic scenes on the sordid Paris fortifications, or yet further afield. Trompe la Mort shows us a crowd of humble folk scandal-mongering in hushed tones, their tittle-tattle provoked to its utmost by the climax indicated in the background by a sombre hearse. Another drawing transports us to the midst of a crowd in quite a different frame of mind, A hue and cry has been raised, and an infuriated mob is tearing down the street at the heels of its hapless prey. Next we see one of the many drawings dealing with a side of life which in less safe hands might be offensive. An unctuous old harpy waylays two fresh little workgirls, and insidiously lays the seeds which, to her profit, shall lead to their downfall. Steinlen occasionally, if rarely, makes drawings of which humour is the motive power. Among these I recall a café-concert study of his. Yvette Guilbert, at that time as thin as a lath, holds the stage, and among the audience is a great, porpoise-like woman who says,


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threateningly to her poor, inoffensive little wisp of a husband — "Perhaps that's your style Satyr."

One of his most charming drawings reproduced in colour in "Le Rive" is called "le bon Gite." The hapless Krüger, all war stained, is seated in some peaceful Dutch cottage, where Queen Wilhelmina, as an awe-struck peasant lassie, fills for him the pipe of peace, the while her martial German husband eagerly engages the old man in fighting his battles over again.

Nor can we forget the splendid double-page drawing that appeared in L' Assiette au Beurre for May 23,1901. Here we see a big boy's seminary, representing the French army of the future, the hope of the country, going out for its daily walk in charge of a number of priests — every one of them a monument of craftiness, superstition or bigoted intolerance, thus representing the power that poisoned a great nation's sense of justice during the hateful period of the Dreyfus trials.

Then again in the same paper for June 27, 1901, appears among others one of his most notable drawing, a veritable tour de force, representing the harrowing scene of the identification of corpses after the dynamite explosion at Issy.

It is interesting to compare such powerful work as this with one of his earliest successes, namely the illustrations to Les Gaités Bourgeoises, a set of chic and delicate little pen-drawings instinct with humour and gaiety.


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Steinlen is a giant in the artistic poster movement, Some of his productions were lithographs in colour of enormous size, each printed from as many as thirty different lithographic stones. Here and there a poster would give him the opportunity to introduce some of the marvellous drawings of cats for which he is so justly renowned; and in this connection we cannot forbear mentioning two splendid drawings of cocks which appeared in the earlier numbers of Cocorico, as well as some wonderfully spirited comic drawings of frogs in a volume entitled "Entrée de Clowns."

Those who keep an eye on the picture galleries of the Paris streets can never forget, so splendid was their design and colouring, Steinlen's great posters for La Rue, or the equally long and fresco-like groups of realistic Parisian types advertising the "Affiches Charles Verneau."

Then, who does not love the "Lait Pur Sterilisé" poster with its golden-haired little girl in scarlet drinking out of a saucer, while three inimitable cats beg at her knee. His poster for Zola's "Paris" was a poem in itself; and in the "Tournée du Chat Noir" the noble beast concerned is treated to a glory of decoration. Then, there are his daring "La Feuille" poster, his "Yvette Guilbert," and many another, not to mention programme covers and such smaller game.

Finally, Steinlen has produced charming etchings, both in colour and in black and white, and such splendid oil paintings as Les Blanchisseuses.


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II

CARAN D’ACHE

MMANUEL POIRÉ, better known by his Russian pseudonym of Caran d’Ache (pencil), is a public benefactor, in that he a has considerably added to the gaiety of nations ; and if it be true that one laughs and grows fat, then he must also be responsible for much of the extra weight that those nations carry with them.

The man upon whom one may count to make one merry is sure to be popular, Caran d’Ache, as we have already hinted, has made whole nations merry, and he is a popular favourite, It is true that sometimes his own infectious laughter is cynical, or spiteful, or cruel to a minority, but he always has the majority to laugh with him, and fellow him in his pictured tirades—be they well-considered or ill-considered. But, after all, that is perhaps a matter of politics, or nationality, or religion, or what not; and the fact remains that


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his drawings are irresistibly humorous, and are always excellent works of art.

Caran d'Ache was born in Moscow, of French parents, but when twenty years of age he came to Paris, where his innate talent soon evinced itself.

While undergoing his military service in the early eighties his unquenchable passion for drawing was put by the authorities to their practical use, in making studies of past and current military uniforms for the War Office. The costumes of the glorious Napoleonic era and of Germany were made a speciality, and the knowledge thus acquired was carefully retained by the young artist, and served him in good stead in his later years.

Caran d'Ache, like every thorough-going Frenchman, preserves his love for the army, incidents in whose life he is never tired of depicting with that spirited brilliance we have come to know so well. And the military officer's smartness of bearing has stuck to him, for he is recognised as an "ultra chic" a very dandy among the illustrators, and an eccentric one at that. Yet at the same time he refuses to associate himself with the smart set in Paris; he has too much of the artist temperament for that.

He was early attracted to the "Chat Noir" on the Butte of Montmartre, and Rudolph Salis — that keen exploiter or genial art patron, which you will — was not long in appreciating the talent of his client. Soon we hear of him achieving an artistic


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triumph with his astoundingly perfect shadow pantomime, "L'Epopée", at the little "Chat Noir" Theatre. Caran d'Ache had spared no trouble to make his silhouettes and the effects in which they were set as perfect as possible. No greater pains could have been taken preliminary to the painting of a series of Salon pictures; and he reaped fame as his reward,

"L'Epopée" dealt with Napoleon's succession of military triumphs. Opportunity was thus early given to M, Poiré to display his astonishing knowledge of the horse in all its varied attitudes.

The horse he delights and excels in is a magnificent, proud, high-mettled beast, whom he puts at some breakneck charge, or causes to career about in high-strung excitement. Caran d'Ache's army horses are not surpassed even by those of such acknowledged masters as Meissonier and Détaille. The Studio published some splendid equine studies of his a year or so ago, which must-have been a revelation to those who had previously looked on Caran d'Ache as a comic artist and nothing more.

His drawings have been produced in innumerable papers, magazines, and books, and are for ever being re-reproduced abroad. Collections of his caricatures have been published as "L' Album Caran-d'-Ache," "Bric-a-Brac,'" "Le Carnet de Cheques,' "La Comédie du Jour," Les Courses dans l'Antiquité," "Fantaisies," "Galérie Comique," "Les Peintres chez-eux," apart from his illustrations to "C'est à


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prendre ou à laisser," "Prince Kozakokoff," "Malbrough," &c. More recently "L' Album "published a selection of his works, including some drawings done in a bolder style than that which he generally produces fer reproduction, — such are the Battery of Dreadnoughts, bold and grim, and the splendid Chargé. In the drawing of himself there is a good specimen of these caricature portraits for which he is so renowned.

His work appeared in the pages of Tout Paris, La Vie Moderne, La Revue Illustrée, and Le Chat Noir, &c.; superb military sketches came out in La Caricature; and every week he carries on a running fire of pencilled commentary in Le Journal, and Le Figaro, contributing at the same time to Le Canard Sauvage, and Le Rire. A special number of the latter paper entitled Tactique et Stratégie consisted of a short serics of vigorous military cartoons, representing various epochs, drawn on a large scale, and some of them reproduced in colours.

However, it is by his stories without words that Caran d'Ache has attracted most attention, and, it must be confessed, they are simply captivating. Comic stories have been told by the same: means in Germany for half a century or more, but Caran d'Ache is credited with having introduced the progressive drawing into France.

Caran d'Ache's little tales need not a syllable of explanation, All is told by the subtlest of altera-


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tions in the expressions on the faces of his figures, in the movements of their bodies, or of other animated or inanimate bodies; there is never any mistaking the gist of a Caran d'Ache story. His attention

to detail is marvellous, yet everything takes its right place, and the venue is never confused.

Nothing could better than — say — the set of thirty-eight drawings entitled "M. Toutbeau catches the 5.17 a.m. Express." We trace the dear, fat old fellow through all his agony. He is asleep. He wakes in a perspiration of fright — ten to five — on with them — that accursed tight boot — almost forgot to wash — tie — good gracious, seven to — hallo, there


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goes a button — "Palsembleu!" — 5 o'clock — hair done — now for my coat---I shall never do it! And so on, through all the terrors of hasty packing, ringings for the servant, getting, discussing and paying the hotel bill — umbrella left behind and recovered at the last moment — the dash into a crawling cab — and then Mr. Toutbeau is seen beaming in his first-class railway carriage.

Who does not know the Great Expectations set, wherein the expectant nephew, to his joy, is telegraphed for by his dying uncle; and how the latter miraculously gets stronger and plumper day by day, just as the erstwhile buoyant and vigorous nephew's growing disappointment drags him visibly nearer and nearer to an untimely grave.

Then there is the little set of three Shooting Impressions of my Friend Marius who presumably hails from the Midi. First he is in the North of France with his gun and his dog — nothing in sight, no game at all! Next he is in the Midlands, both man and dog are happier, There's just a little, and a bird has been bagged. Lastly, he's in his beloved and romantic Midi and there's too much; there's no room to walk for the game; they press round and caress the bloodthirsty Marius, a hare is making up to the dog, and one confiding game bird has brought its nest of young and actually settled with them on the gun barrel!

Another splendid set is that of The Finest Conquest of Man, wherein is traced the marvellous horseman-


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ship of a swell, who, with the greatest of ease and suavity, completely subdues a very demon of a horse.

But we could proceed thus ad infinitum and yet never give an idea of the wonderful spirit of the drawings, which must be seen to be loved.

Most of them are executed with a thin, very precise and sensitive line. How successfully he can manage bold masses when necessary we can judge by his excellent Cossack poster for the "Exposition Russe," or in those used to advertise the exhibition of his own works at the Fine Art Society, London, in 1898.


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III

H. DE TOULOUSE LAUTREC

AUTREC is onc of those artists whose work is so uneven and out of the ordinary, that opinions as to its merits or demerits will ever remain as strongly

divided now that he is gone, as ever they were during his lifetime. His short life work consists of a mixed series of talented absurdities, and of veritable tours de force. His genius, alas! was of the species that borders on insanity, Occasionally the border was overstepped.

In more ways than one Aubrey Beardsley's short life may be compared to that of Lautrec, His genius was of a similar order, and as one examines his work, so will one be inclined first to call him an unwholesome incompetent, and next feel convinced that he is a pioneer artist of the first rank,

Lautrec's life story is a very pathetic one. With him in 1901 was extinguished the last remnant of an ancient line of nebles. His father was an ama-


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teur sculptor and painter, who was extremely fond of sport. The family came to live in Paris in 1883. The artist son was a dwarf, and after fighting hard against his handicap, and cheerfully entering the ring to tilt successfully for fame, his mind gave way, and he died at an early age in his father's castle at Albi, after having been confined in a private asylum.

Lautrec's student days were passed in Paris at Cormon's "atelier", His work done from the life in the studio did not hold out any great promise of later achievement; but, as is often the case, the untrammelled work he did outside was recognised at once as being out of the ordinary, and frequently of great merit. He would bring to the studio to show his comrades very clever sketches of types he had encountered during his rambles along the Boulevards. Indeed, Lautrec occasionally asserted with some bitterness in after days that it was these studies that had inspired Steinlen to make the character drawings through which he had become famous — Steinlen having previously made cats and children his chief study,

However this may be, one has not much patience with such claims. Real plagiarism is a detestable thing, but surely there is room for more than one artist in the field of the life of the poor, or of the amusements of a huge city like Paris, without being suspected of that offence. In any case Steinlen has treated his subject as no one else has done, or probably could do,


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Lautrec was deservedly popular with his fellow students; his excellent wit, delivered in a strident voice, and punctuated with the gesticulations of a pair of extraordinarily short arms, always proved entertaining to those in the midst of whose company he happened to be.

His best work is probably to be found amongst his posters and portraits. His illustrations, except in his earliest work, as seen in Paris lllustré, more frequently show those crude vagaries of form and colour, which would point to an unevenly balanced judgment.

That Anquetin's drawings strongly influenced Lautrec's work is evident, while Raffaëlli, Degas and Renoir were his particular gods in art. Whether Ibels influenced him, or vice versâ, it is dificult to judge; but in any case there is a remarkable similarity in the aims and peculiarities of their art.

There is a magnificent poster of the poet-saloon keeper, Aristide Bruant, by Lautrec, which alone would have been sufficient to place him high among modern artists. Bruant in a large soft hat and wrapped in a cloak of a gorgeous subdued blue, moves with vivid energy across the sheet. His strong face, printed in grey, is wonderfully rendered with a few telling strokes. Little less attractive is his Bruant at the Ambassadeurs Music Hall. These are but two of many fine posters, done since his first essay in 1888, to advertise the stars of that


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peculiar firmament of the Cafés Chantants, to which Lautrec was drawn as a moth to the flame.

He lithographed posters of Cissy Loftus, of the beautiful Anna Held, La Goulue the dancer of the Moulin Rouge, and May Belfort; and being particularly attracted by the picturesque possibilities of Yvette Guilbert, with her then lithe figure and inevitable long black gloves, he introduces her into many of his works. Then there is a remarkable poster advertising Babylone d' Allemagne, and a yet more striking one for Le Vache Enragée, where we see a mad cow charging an old coloured dandy down a street. There is also the startling advertisement for L'artisan moderne, and the truly terrible "At the Foot of the Scaffold." Apart from these there are his posters 'in little," and programme-covers, such as those for Le Missionaire and L' Argent.

The very peculiarities and incomprehensibilities inherent in Lautrec's work were sure to arrest attention, and demand that scrutiny which is of the very essence of the successful poster. In every one of Lautrec's poster designs there is something


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strikingly unusual, Very rarely is a figure drawn in its entirety; the margin cuts off part of it, otherwise the design would have been too conventional for him,

'The artiste Caudicux zig-zags across a stage seen in violent perspective, while down in a corer is a worried member of the orchestra studying the coming bars. Caudieux's head is full of life and pent-up strength, and the whole movement of this quaintly placed figure is striking in the extreme.

Jane Avril's poster shows an anemic-looking artiste doing a high kick on the stage. The foreground is occupied by a monster hand holding the head of a 'cello in the orchestra.

The poster for the "Divan Japonais", on the other hand, shows us a lady and gentleman in the audience listening to a singer on the stage, behind an orchestra, Of the singer we see monster black gloves, and everything but the head; of the orchestra we are shown two 'cello heads, and, of the conductor, the arms alone. The lady in the foreground — who looks as though she always turned night into day — is wonderfully depicted, as is her companion, the dissipated, bearded swell. Perhaps his most graceful work in the poster line is that advertising "Elles".

Finally in the poster for "La Gitane", an unsavoury actress, arms akimbo, who comes right out of the design in the left hand foreground, smiles over her shoulder at the bold bad brigand who strides, in


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shadow, out of the poster at the top right hand corner. In all these and his other posters the lettering is bold and legible.

Lautrec's studies in the music halls are uncompromising in their garishness; he apparently does not attempt to seek beauty where it exists in such small quantities, or has been so carefully hidden. He delights in the flare and glare, the powder and paint, the discords and the inconsistencies of the thing. He prefers the raucous screech of the bold-faced jig, whose reputation as a songstress rests on her fine limbs, to the exquisite song of the highly-trained opera singer, He would reject gold in favour of tinsel. Yet this same man in another mood would paint a splendid and refined portrait.

Then there is Lona Barrison, jauntily leading her white horse out of the ring, followed by her manager with the pale chreme hair and beard; and then the hideous negro — "Chocolat dancing in a bar." All of these figures, despite their faulty drawing and their element of caricature, carry conviction with them.

Lautrec's travels in Spain, in England, Holland, and Belgium seem to have left little impression on his work. It is probable that the unhealthy surroundings and late hours imposed by his studies in café-concerts, in green-rooms, in libertine ballrooms and worse, hastened the end of that frail, feverish life — a life like that of a gaudily coloured rocket, brilliant and soon spent.


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 In his later years he had evinced great attraction towards the repulsive and the gruesome, and took a pleasure in seeing medical operations performed. Curiously enough, his studio window overlooked a cemetery.


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IV

PAUL BALLURIAU

ALLURIAU is best known as the artist who has supplemented Steinlen's realism in the pages of the "Gil Blas Illustré" with drawings full of fancy and imagination, Just as we shall call Morin the Watteau, so he may be styled the Boucher of the modern French press.

His work, however, has not been confined to the pages of Gil Blas, for his gay and irresponsible (we had almost said reckless and unfettered) sketches have been noticeable in many another journal of far less steady gait. Nor has he restricted himself entirely to allegorical or eighteenth-century pastoral subjects. Occasionally he bursts forth as a strong modern realist, walking sturdily in Steinlen's steps.

Balluriau has that thorough knowledge of the human figure which enables him to draw it with freedom and certainty, and makes him a painter of classical allegories par excellence. Further, he has a


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broad, open style, and a yery charming and delicate sensc of colour. His favourite medium is apparently the chalk point, which he handles vigorously; occasionally, however, he varies his method by using pen and ink.

For ten years past his brilliant work has graced the pages of Gil Blas illustré. He is essentially the artist of lovers; and no better choice of an illustrator for that paper's series, "Les Poétes de Amour," than that of Paul Balluriau could have been made.

To judge by these illustrations Cupid has handed ever all the resultant knowledge of his long experience to Balluriau; for there is very little about the outward signs of love and passion which he has not carefully noted, thereafter to render in his drawings. From the first shy gesture to the tender murmur of adoration, and thence, through the whole gamut, to the frenzied passion of uncontrollable love — we find the recording crayon of Balluriau to be ever present.

The settings in which he places his graceful lovers, his Bacchanalian dances, his fauns and his nymphs, are suitably idyllic and beautiful.

Innumerable are the backgrounds of fair lawns shaded by great trees, of lovely bowers, and of secluded nooks in some great park in Dreamland.

Perhaps there is some scrio-comic difficulty to be settled, and we see two charming little ladies, in high powdered coiffures and bared to the waist, fighting a duel with swords under the trees, Or perhaps it is


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twilight, and some deep and placid stream murmuring beneath the darkling trees carries on its bosom a fairy bark and its cargo of love.

Then it is the mysterious hour of moonrise, and in the shadow of the garden wall, which climbs serpent-like up hill and down dale, we shall find our lovers serenely happy, but hushed by the beauty of the waking night.

Frequently Balluriau will carry us back to a century of delicate silks and satins; and in the broad sunlight will show a band of amorous beaux and belles, full of the joie de vivre, and about to start a game of blind man's buff. His figures live within their old-time costumes; he draws handsome men and beautiful women, for the ugly er the grotesque rarely attract him. But he has proved in such charming works as his "Printemps," and many others, that he also finds in the lovers of to-day sufficient beauty to include them in his "répertoire", The embrace of the sentimental young student in the felt hat and caped overcoat, who has just met the darling of his heart in the Bois de Boulogne, is every whit as tender and graceful as is that of the perruqued galant of the eighteenth century, arrayed in pink satins, who, behind a sculptured satyr, has stolen a kiss from his coy and dainty partner in the last minuet on the sward. Look, in his illustration to "Badinage Sentimental," how natural is the whole scene, how easy the pose, and how charming the face of the tittle Parisienne, who


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listens, half fearing the ardent words of the young exquisite who is stealing a conversation with her.

Balluriau also knows how to deal with subjects requiring more vigour of treatment — such as he displays in his Breton figure subjects. His drawing Partance is a case in point. The scene is laid in a sailors' cabaret, on the tiled floor are rough tables, at and on which sit peaceful groups of Breton peasants; and sailor-men and buxom bonnes are bidding each other their last adieux — for the sailors are about to embark in one of the ships we see through the wide-open window.

And in the rare drawings where he touches on poverty and serious tragedy he proves himself impressive and capable of deep feeling. His drawings La Toussaint Heroique, the terrible beer-house brawl, L'Eté, and Un Mendiant Rousse, are worthy of Steinlen.

But it is in his illustrations of classical and allegorical subjects that he stands alone, and shows his greatest individuality.

Such subjects as his Bacchantes, his weird Vers le Sabbat, his Chloé, or his La Mort des Lys, to mention but a few in the Gil Blas alone, could have come from no other hand; for excellency of draughtsmanship combined with trained camposition and an exquisitely refined sense of colour, they are hard to beat.


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V

FRÉDÉRIC VALLOTTON

ALLOTTON'S work has probably appeared less frequently in the French press than that of many of his confréres to whom we are directing our attention.

His drawings are marked by a singular boldness of execution; and his skilful manipulation of masses of pure black gives his work distinction, and makes them attractive on any page.

Good draughtsmanship, and this clever use of unbroken black masses — wherewith ta indicate and model both his shadows and his half-tones — is wherein Vallotton struck out a new line for himself, and established his individuality, This he did, too, at a time when there was a lamentable aberration evident among the ranks of the French illustrators. It became the fashion for the comic draughtsmen to draw as though they could not draw — a proceeding which provided a grand opportunity for those who could not draw if they would to join their ranks


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on even terms, and to pass as geniuses of a very "spirituel" order.

The irritating group to whom I refer, in its frantic efforts to be original, hit on the idea of drawing with the "naïveté" of the untutored child; and this "rôle" was for several years acted se thoroughly that some of the papers looked as if their illustrations had been copied from a collection of babies' slates. Terrible examples of this evident incapability passing muster as genius may be seen in the ludicrous discords by "Bob," and, in a less degree, in the many works by Dépaquit, Delaw, Rabier and others.

Midway between this group of "soidisant" on actual incompetents, and the valiant band of thorough unflinching draughtsmen of realism — in whose ranks we find Renouard, Steinlen, Léandre, Huard, Malteste, Wély, and others — came an intervening group. Their work was, and is, extremely interesting. They adopted much of the naïveté of the enfantillistes, but wedded to it much knowledge and artistic feeling, In this class one may mention Lautrec, who wavered between one group and the other, Ibels, who did much the same, Jossot, who, amongst a large number of weird drawings, has produced some really fine, strong work in black and white and in an Metivet, who has similarly produced both classes of work, Hermann Paul, an undeniably great draughtsman, and the subject of this chapter, Frédéric Vallotton.


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The curious thing about Vallotton's drawings is that we do not miss the half-tones; the unbroken blacks are so skilfully managed that we do not feel the want of Nature's intervening tones between pure black and pure white. His convention in no wise shocks one, but gives keen artistic pleasure.

This question of the accepting of conventions must strike one as a very remarkable matter. The human face, in reality covered with a smooth, soft skin, delicately gradated in tone and colour, is quite completely and satisfactorily conveyed to us by Vallotton, in a cunning arrangement of black splotches; while Huard will model the delicate roundness of a cheek with two or three bold black lines in curves. In both cases we at once realise the truth to Nature, and can even from such suggestions conjure up the particular colouring and flesh texture of the person represented,

Vallotton adds a keen sense of humour to his great ability as a draughtsman. Look at his coloured drawing Don't Move, in Le Rire, where we see a petty official and his family, tidied up for the occasion, being photographed on a national fête day. A typical photographer, engrossed in his work, counts one! two! three preparatory to removing the cap from his camera. So engrossed in his counting is he that he does not notice that his carefully composed group is becoming rapidly discomposed. In the foreground is fat nou-nou, beaming down at the youngest hopeful in her