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Other side of the Barnes story

IN HER RECENT commentary in support of efforts to stall the Barnes Foundation's move from Merion to the Parkway in Philadelphia, Deborah Leavy quoted Yogi Berra's famous motto, "It ain't over till it's over."

IN HER RECENT commentary in support of efforts to stall the Barnes Foundation's move from Merion to the Parkway in Philadelphia, Deborah Leavy quoted Yogi Berra's famous motto, "It ain't over till it's over."

Unfortunately, her article brought to mind another line of Mr. Berra's: "It's déjà vu all over again." Here, once more, were all the misconceptions and half-truths that have been endlessly circulated about the foundation and its plans.

Leading the list was an allegation that is put forward often, but never with a shred of supporting evidence: The charge that Philadelphia's rich and powerful are in league with politicians to take over the Barnes.

The facts, available in the public record, reveal a much different reality. The board, led by its independent chairman Bernard C. Watson, resolved to relocate the gallery as the only feasible way to keep the Barnes secure and solvent and to fulfill the educational mission - after which, at the board's request, a broad base of philanthropists, foundations and concerned citizens provided the much-needed support.

Similarly, Ms. Leavy misrepresents the foundation's relationship with Lincoln University. In fact, the foundation and the school are working together more closely than ever before, with the foundation collaborating with Lincoln on a bachelor of arts program - the first visual- arts major ever offered by the university. The foundation is a critical part of the curriculum, with foundation professionals assisting and classes being held in the galleries.

The goal is to place more African-American graduates in the fields of art education and museum work, where they have historically been underrepresented.

Then there is the accusation that the foundation wants to "break" Dr. Barnes's trust. This, too, is baseless. Dr. Barnes certainly hoped that the foundation would remain in Merion. But he understood that provision needed to be made for changing circumstances after his death. In the trust's governing document, he explicitly stated that if the foundation were no longer financially stable and needed to move, it would have the option to do so.

Judge Stanley R. Ott of the Montgomery County Orphans' Court made sure that the trust was repsected His final order in this case, granting the board's request to relocate the art collection, followed two years of litigation and three weeks of hearings. Judge Ott carefully reviewed the financial situation and considered numerous alternatives that had been put forth to the proposed relocation, but he concurred that the solution to the severe problems facing the foundation was the move.

Judge Ott concluded that "we can sanction this bold new venture with a clear conscience." The State Supreme Court agreed.

Some opponents of the move continue to believe that there may be other feasible options - imagining, for example, that an increase in attendance and a rise in admission price will somehow make the Barnes viable in Merion.

The balance sheet tells a different story. Increased attendance will not come close to providing the additional sources of revenue that are essential to the financial health of the Barnes Foundation, and of all other not-for-profit educational institutions.

Nor would it make sense for the trustees to bet the future of Dr. Barnes's collection on the speculative financing that some parties have suggested.

The Barnes Foundation continues to move forward with selecting an architect for the new gallery on the Ben Franklin Parkway. It expects to make the choice by the end of the summer and to proceed toward site preparation. We welcome people who are truly interested in the future of the foundation to follow the progress of this work. As Yogi Berra said, "You can observe a lot by watching." *

Former Commonwealth Court Judge Phyllis W. Beck is general counsel and secretary of the Barnes Foundation.