Page 44 - Studio International - July August 1971
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real estate owned by a certain investment group   no grounds for possible libel even at this second   unsatisfactory reaction, on Wednesday or
     is to be displayed on a lighted viewing box to be   state of remove. He submitted this material to   Thursday of that week. Then it became clear
     constructed by SRGM or to be rented from a   me on Monday, 29 March and I laid it out so   that Mr Messer was unwilling to go along with
     commercial supplier. The display surface   that the trustees could view it. Mr Messer   Mr Haacke's compromise at that point, and Mr
     required is c. twenty-five rows of 3o 2 X 2 in.   specifically requested that the artist not be   Haacke was unwilling to make any further
     slides (c. 5 to 6 ft square in vertical format).   present to speak to the trustees.   compromises, so they agreed to part ways and
     The most likely site for this diplay will be in                                     Mr Haacke requested that Mr Messer put this
     the alcove at the top of the 3rd ramp.   THOMAS M. MESSER: The memo described these   in writing.
     Accompanying this slide display will be a map   pieces to some extent, and while we had reason   I learned of the cancellation through a
     of Manhattan indicating the site photographed.   to suspect that this was going to get very   telephone call from Mr Haacke toward the
     14. Real Estate Piece Number Two         difficult, none of us had actually seen it; so the   end of that week. The next indication I had
     The artist will supply c.150 5 x 7 M. black and   notion arose— I think it may have been legal   was on Sunday night after the supper meeting of
     white photographs of real estate in New York   counsel—to ask Haacke to give us at least a   the museum staff at Mr Messer's house, when
     owned by a second investment group. These   partial presentation, which we did. This was   Haacke's public statement of the cancellation
     photographs are to be displayed on the    viewed by myself and two members of the   came by special delivery at my apartment. At
     horizontal top of the ledge constructed for the   board—Mr Newlin, legal counsel, and Daniel   that meeting I specifically did not bring up the
     DARBOVEN books in the G.I.E. A suitable   Canon Rich, chairman of the Museum and Arts   cancellation of the Haacke show. My thoughts
     means of covering the photographs must be   Committee. The feeling that had been expressed   were not sufficiently clarified to make a coherent
     devised by SRGM. The DARBOVEN shelf       among ourselves was that it would be extremely   statement, I did not have the information I had
     must naturally be retained following the closing   difficult for Haacke to have unassailable   later, and the character of the meeting was such
     of the G.I.E. This 2nd Real Estate piece will   information and even more difficult for us   that Mr Messer very clearly wished things kept
     also be complemented by a map of Manhattan   to check whether such information      on a general discussion level. He spoke to us
     indicating the sites photographed, and also   presented to us was indeed unassailable, and   about questions to do with the deficit that the
     probably by recorded interviews of selected   we were highly uncomfortable about being   museum was running, the way the trustees
     tenants of these real estate locations.   propelled as an art museum into a legally   relate to the museum, and re-stated his feeling
                                               complex situation in which we did not trust   that he alone should act as go-between between
     EDWARD FRY: Then there was an hour-long   ourselves. The presentation included what   the trustees and staff in professional matters.
     discussion between Mr Messer, Haacke, and   Haacke referred to as a modification; but it was   Those present were the curators, the chief
     myself in Mr Messer's office on 12 March.   such a thin disguise that the identity of the   conservator, the public affairs officer, and Mr
     Mr Messer, having carefully digested my memo,   people became even more interesting.   Messer's secretary. Various people gave their
     wanted to ask Mr Haacke certain questions                                           viewpoints about how the museum stood at
     which obviously touched on the real estate   EDWARD FRY: At the end of that day Mr Messer   present and some ideas for its future activity. I
     system and the poll. At that time Haacke   told me that the trustees objected even more   did speak about how I felt that the museum
     explained that all these real estate questions   strongly to the compromise than he did   must think about how it should face up to the
     were based on the public record in the County   himself; and that he therefore felt that the   changing character of art and play a larger role
     Clerk's office and that he could see no   exhibition could not contain these works under   in the social community because this is in many
     conceivable reason why they should raise any   their present condition. And I asked Mr Messer   ways what young artists were doing.
     legal issues, although Mr Messer was obviously   if I should relay this to the artist; he said, 'Yes',   After the meeting, receiving Haacke's letter
     concerned about this at the time. Their   and I did so the following day.           clarified my thinking more strongly and made
     discussion was without a satisfactory       I had lunch with Mr Messer that day,    me feel even more that the museum had made an
     resolution, and there was at least one long   3o March, and we reviewed the situation and   extremely serious mistake. And after thinking
     telephone discussion after that which resulted   I expressed deep concern about the   and examining my own conscience that night, I
     in Haacke's request that Mr Messer put his   unsatisfactory reaction on the part of the board.   felt I could not concur in the publicly
     viewpoint to paper which he did in the letter   I was hoping that even at this point some kind   announced policy of the museum as stated by
     dated 19 March. I read the letter before it was   of compromise could be achieved, and I   Mr Messer; I told him so the next morning.
     sent; Mr Messer showed it to me. I had no   also indicated that Mr Messer owed some sort
     particular comment on it. At that time I began   of further written explanation to the artist   THOMAS M. MESSER: How do I feel about
     to realize that the director's point of view about   concerning the Board's reaction.   opposing views between myself and my staff ?
     contemporary art was seriously at variance with                                     A museum is a creative institution, and it's
     mine. But I might add that at no time did I even   THOMAS M. MESSER: Well, Edward at that time,   absolutely no good if people don't have a
     entertain the possibility that the exhibition   and up to the moment of cancellation itself;   certain tension amongst themselves. We debate
     could possibly have been cancelled.       retained a studious neutrality in all these   continuously, and as we have come to know one
       Then Mr Haack ewent to a lawyer, Mr     instances; he never sided with Haacke, he   another better we have become less careful about
     Jerry Ordover, and discussed the situation with   never sided with me, and he indicated to me   stating clearly our oppositions to one another. In
     him. Mr Ordover suggested that he act as a   that he had no wish to come down in this issue   the end, of course, decisions have to be made,
     kind of mediator in this aesthetic-legal   on one side or the other.                and what emerges is a museum view which, as
     artist-institutional disagreement; and so a   Censorship was not a word he used until   far as the world is concerned, has a certain
     meeting was arranged on Thursday 25 March   after the fact of the cancellation. There was not   weight. That view is usually expressed either by
     between Haacke, Messer, and Ordover, with   even an indication that he opposed this. He   the President of the Foundation or the director
     myself present, to discuss a possible     was perturbed, obviously, as I was. We spoke   of the museum and becomes, in a sense, official
     compromise solution to the exhibition.    at that time about the pressures that he found   policy. The opposition to museum policy made
     Haacke then, over the weekend of 26-28 March,   himself under, and his feeling that he should   by Edward Fry to the Times? Well, I consider it
     prepared a compromise presentation of his real   remain detached from any partiality.   inappropriate. I think it stands to reason that if
     estate system and his questionnaire poll; he                                        any member of the staff, including myself, is
     prepared this compromise presentation in   EDWARD FRY: Then Mr Haacke had a further   out of step with decisions of our policy to the
     detailed collaboration with his lawyer Mr   telephone conversation with Mr Messer   degree that he finds it necessary to be in public
     Ordover to make sure that there was absolutely    following my conveyance of the trustees'    opposition, you have a very serious situation.

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