*1 tiary Pennsylvania, Lewisburg, SIMS, Appellant, Ralph L. imposed by serve sentence the District Court for In- v. the District Columbia. voking provisions 2255 of of Section Warden, WILLINGHAM, United T. John Lewisburg, 28, Penitentiary, Code, first Title United States States Pennsylvania. made an unsuccessful collateral attack conviction the District Court No. 13867. Thereafter, the District of Columbia. Appeals Court of United States present proceeding, Dis- asked the Third Circuit. trict Court for the Middle District of 6, Briefs March 1962. Submitted on Pennsylvania, the District in which ishe 15, incarcerated, Decided March petition entertain corpus
habeas under Section 2241 of Title claiming again Code, United States that his District of Columbia conviction involved a violation of constitutional rights. properly The court below ruled that it jurisdiction premises had no in the be- Congress procedure cause has made the petition sentencing court under 2255, prisoner’s Section exclusive rem- edy in such a case as this. United States Leguillou Davis, ex rel. 3d Cir. 681; 212 F.2d States, Williams v. United 10th Cir. F.2d 59. judgment will be affirmed. PORCELLA, a citizen Republic Italy, Plaintiff- Appellant, INC., TIME, corporation, a New York Defendant-Appellee. No. 13389. Ralph Sims, appellant-pro L. se. Appeals States Court of United Brown, Harry Atty., J. U. S. Bernard Seventh Circuit. Nagle, Jr., Atty., Asst. U. S. Scran- A. Feb. appellee. Pa., ton, STALEY, HASTIE Before Judges. SMITH, Circuit CURIAM.
PER
Appellant prisoner is a who has
committed to the United States Peniten- *2 dismissing plain-
corporation, defendant, ground costs, cause tiff’s complaint that his state claim fails to granted. upon relief parties agreement The are in governs substantive Illinois law of this case.
According brief, plaintiff, to his brought an art action for against defendant, libel publisher Life, weekly damages magazine, a resulting to recover from an article the issue of December wherein allegedly language concerning libelous professional capacity an art imputed to him lack of competence, skill and as well as dishon esty, trickery misconduct, in jury damage plaintiff’s reputation expert. anas court ruled that the libelous within the innocent rule, construction and that the language complained of constituted fair comment.1 According plaintiff, per- the article discovery tained to the of certain ings in California which were attributed by plaintiff certain to capacity old masters expert. complete accuracy interest of the. set forth we article: WHAT IS AS A SO RARE RARE Rudolph Visalle, Caplow, Paul A. A.C. FIND? Chicago, Jr., Ill., plaintiff- Smith, M. produces California latest reasons appellant. viewing “Old Masters” George Ellis, Reuben, H. Howard Don suspiciously. Ill., Kirkland, Jr., Chicago, Newton, D. news item from California was Chicago, Hodson, Masters, Ellis, & Chaffetz overnight rarity in that even land of counsel, l., defendant Il fairy-tale paintings, fortunes. Ten appellee. immigrants by Italian in Pasa- owned SCHNACKENBERG, CASTLE Before dena, were said to be Old Masters worth Judges. KILEY, Circuit greatest of dollars—“the millions century!” This find of the latest SCHNACKENBERG, Judge. Circuit long line of “fabulous of a discoveries” upon Porcella, a citizen of have burst the art Re- world in years. Italy, appeals plaintiff, California canvases public from a cent had family granting long Naples judgment district court Maria Inc., Time, Alfonso Folio. When Maria motion of a New York and married alleged opinion, indicated, to the In this word “article” refers li unless otherwise belous article. year than more brought home authenticated GI, new to her she them away in a a dozen them Pasadena tucked closet and under a bed. pair’s art showed instinct for early. be a out started repair- year ago Folio, a TV A Alfonso *3 age painter he in Rome. At the sister, his who had with man to live come explains, criticism. art switched to neighborhood dropped in at the electrical briefly at the Around 1934 he worked Jay supply Renao store of di and Charles gallery guidebook (compiling Vatican a up and them and see the invited come to collection). of the art he has then Since family paintings Di The some time. a written number of and “authenti- books came, promptly a Renzos saw and made paintings. cated” Zlatoff- innumerable help deal with the art. the Folios to sell Mirsky painter worked as a Russia step: expert Their first to find an migrated until the 1930s when he to Chi- identify paintings. They telephoned the cago and took the more remunerative Porcella, one just had an Italian who restoring art. Chicago. Raphael in authenticated a “experts” In 1958 the two the met for Pasadena, Hurrying Porcella out to after, first time in New York. Soon Por- paintings look at the ecstatic took one Chicago went to cella and settled down masterpieces. One, pronounced them Zlatoff-Mirsky’s inspect studio to the (above) long-lost said, painting was a paintings which the Russian was restor- Century master, Cara- the 17th Italian ing. In a short time “mil- identified vaggio, more than and he valued it at $1 tagged lions of art, dollars” worth of million. Porcella then called top-drawer with such names as Leonardo Zlatoff-Mirsky, friend, a Alexander Chi- Vinci, da Raphael. Rembrandt and heavy cago restorer, work. for some thriving The dual role source and working “pow- with After a few weeks of for most discoveries outlet of the team’s solvents,” Zlatoff-Mirsky declared erful Galleries, played Art Sheridan good paintings almost as new Chicago special- a auction house which ready unveiling. for in old and izes modern “masterpieces” were Shortly after the years past highly prized For the their began to doubts public, ominous made consultant been none restorer has authenticity. A Pasa- gather their about Zlatoff-Mirsky. Recently than other paint- expert had seen the said he dena gallery’s reputation slightly tar- ago years found tings them several buyers proved when two nished paintings said the scholar A New York worthless. they bought there were fakes. through Caravaggio long-lost was known gallery complainants’ refunded the top) copies (opposite, and bore authentic money, later sold one of the work. the Pasadena resemblance no higher price. for an even priest Finally disclosed that Italian Caravaggio was in so-called Folios’ AUTHENTI- AND OF OUTS THE INS copy of a minor 17th fact CATING hangs Naples. (center) painting they are, Porcella Professor Active showing fairy tale was California colleague Zlatoff-Mirsky have not being just signs that. the art “discoveries” market. cornered up, continue to turn authenticators Rival TEAM AND ITS THRIVING BUSY with new-found treasures and armed OUTLET long-lost masterpieces. Some of them Discovering reputable authorities. Others are a trove of valuable Old Mas- are spurious “experts” with elusive or stroke cre- once-in-a-lifetime would ters background, their Porcella Whatever for most But dentials. luck mortals. Zlatoff-Mirsky many have, seem authenticators to be in the one observed, at least as much for love a “remarkable talent” business friends money past as love art. Just course of the it. for unscrupulous authenticators more makes How much an authenticator in- providing found a bonanza depends generally importance of on the $1,000 pays buyer come A tax outs. who painter’s authentica- name and the upon painting call an old particular tor’s evaluation “expert” purchase. For evaluate charge ing. An is inclined fee, “expert” values comfortable recognizing more for than a Leonardo painting many actual worth. its times price Lastman. authen- Often buyer painting then donates ticating painting far exceeds institution, there- museum or some other paid amount the work. by getting in- on his sizable write-off $2,000 authenticating ceived a work come donation. tax for his charitable *4 bought price that was for half that legal are no in U. there So far the S. (left). received Professor Erik Larsen dealings. quasi penalties for such orig- certifying painting for $550 that their experts responsible for are not held inally cost (opposite). his client $20 are houses auction authentications. authenticity up required not to back give prestige To enhance their they art And with the sell. of works validity judgment, authentica- their to biggest currently enjoying its market publish articles tors or often books “masterpiec- boom, flood of dubious But their producing “discoveries.” their es,” new, continue. to both old and is sure writing apt best to show for talent they flamboyant printed ex com- certificates photographs in the Several pose appeared article.2 for planations their with alpha- (designated explanations (e) These artists tbe DISPLAY of name Chicago betically) in are: Art is su- Galleries Sheridan (a) by director, pervised in Pasadena Jack Shore THE “DISCOVERY” paint- Caravaggio’s long-lost paintings (above). have been was labeled labeled ing Magdalene by “Poussin,” Mary (right, top) Folios’ so- “Rem- from (center, top) experts. “Steen”; brandt,” “Correggio,” au- well-known from called Other figure say “Metsys” and the thorities that the stiff and a “Leonardo murky landscape by art are unlike the which is held Shore. da Vinci” Caravaggio. “masterpieces” (f) REPAIR SHOP Zlatoff-Mirsky (b) of Alexander is the studio which the ORIGINAL THE sports (right) copied painting probably artist’s beret when he who Pasadena was by job. paint- hangs gallery He is surrounded is on the Gero- in the art of the ings Naples. he discovered which lomini It was not Friars They by Caravaggio, according include “Rubens” authenticated. done to Father bottom), middle), (left, (left, talking “El (above, Greco” to Antonio Bellucci TV (center). Dyck” interviewer) probably by “Van but an undis- tinguished contemporary (g) Gian Bat- name Amadore Por- AUTHENTICATOR inspects painting Caraceiolo, who tista “Bat- in his Rome was called eella hung foreground apartment. photo- In are tistello.” The work in this years. subject gallery graphs for 300 of controversial Pasa- Magdalene popular painters was with dena. Baroque period. (h) Pasadena COMPARISON (c) ing COPY, attributes to Luca ALTHOUGH A which Porcella Caravaggio’s Magdalene what still-lost authentic Giordano in Giordano with by similarities, many looked like. It was made Dutch reveals few artist Florence striking years Caravaggio painted picture a few Pasadena after differences. picture. carrying showing (left), This is off Her- Barcelona. Another centaur copy artist, wife, in 1612 made a Flemish seems on Giordano’s cules’ Rape based right). Persephone (detail, is in Marseilles. But (d) ungainly poses, faces and OWNERS OF “MASTERPIECES” theatrical claw- (second right), are Folio Alfonso in Pasadena work indicate it like hands his sister Maria and follower her husband was an unskilled of the Chester done (left). Hataburda Here talk 17th master. lawyer Feig- personal VICTIM, (i) Lester Olson about their Richard AUCTION dispute painting (right) partners, en, bought with Sheri- di to modern Kenzos. dan Art attributed Galleries * * * maliciously question wrote, as and in this case 1. The arises edited * * * ”. what extent comment practice made about in the admis- In own addition to as an art occupied position in sion that he alleges which, in his com- course of as he public field, an ex- it is obvious plaint, counsel, “expert he ad- renders pert appraising of he was able in the vice, opinions, and authen- evaluations only effect works of art to upon pertaining paintings, tications draw- paintings and the market for the ings art, related works prices paid therefor, also but museums, collectors, art dealers and position appraise was in a art donated persons possessing such works of art.” by patrons purposes, who charitable reputation profes- Plaintiff claims “a thereby would tax be the beneficiaries skill, competency proficiency sional deductions under the tax laws eyes pub- activity United States. the latter lic.” position imprint up- to leave his *5 government’s on the governmental federal We collection know of no control of public. revenue of requirement profession, that or diploma a or other authorization alleged analysis ar- libelous Our of the any learning seat of must have that, ticle insofar as convinces us by plaintiff. held charged false, complaint it is an it to be expression publisher’s Certainly entitled, plaintiff as comments of the would be opinions upon any be, plain- person and the activities other would to redress against expert description any tiff as an art with a statements fact false setting maliciously regard him. entire in which he was in might explained However, complaint, active. It well characterized by brief, 1, in a satirical recital his an author who ante denial the truth made no of the statements in the ar- effort to conceal his belief that charging ticle been limited to those there were some authenticators of implying plaintiff quali- or that not ings is less reliable than arti- others. The recognized fied and and those cle, plaintiff, insofar as it offended mere- imputing plaintiff, ly expressed opinion, the author’s rather skill, competence fitness, lack of any than made a false statement of fact. dishonesty, trickery as well as mis- engaged Plaintiff was in a field which he conduct. (and boasts) pub- admits even was in the and, such, subject lic domain he was statements It these by recklessly press charges “wilfully, to comment as to his defendant Feigen, Chicago Naples, (above, right) professed master, Paul Klee. medium dealer, work with two Klee 'ex- to have made contact with 18th cheeked forgery. prince. perts it as a He Prince who identified said picture “millions to the Sheridan are worth of dollars.” returned then money got (m) galleries back. BENEFICIARIES .BEAMING Laney (j) BUYER De hired Por- an “art treasure” are children J. P. of Mr. identify purchase. and Moriches, Alex and Larsen Mrs. Schiffelbian Jr. of Center cella Giorgione; Larsen, Y., labeled it N. whose future education partly painting Magdalene doubt both tied to Piombo. Others labels. on del bought painting (k) DISCOVERER Maurice wall. Schiffelbians Goldblatt in shop Raphael’s Northport “find” in furniture for $20. latest fa- attributes ther, They it to Professor Erik Santi. Goldblatt has au- showed Giovanni Larsen galleries. Georgetown University art for Sheridan who declared thenticated it Dyck by long-lost (l) Van MEDIUM was called into was $15,000. worth at the act least experts reject Folio, brother of the Pasadena Other his at- Antonio underlining give family’s problems Folios, advice tribution — table-tipping paintings. this controversial field. session in
167
firmly
Certainly
La
there
established in Illinois.
in that field.3
activities
any
Grange
Co.,
suggest
alleged
Press
Citizen Pub.
v.
to even
are no facts
Dilling
482, 485;
252
Il
de-
v.
personal
Ill.App.
him
animus between
Publishing
Printing Co.,
linois
fendant
this ease.
Ill.App. 303, 306,
340
N.E.2d
91
plain-
public nature
Because
635;
Co.,
Parmelee v. Hearst Pub.
controversial
and the
tiff’s activities
Inc.,
Ill.App. 339, 343,
341
93 N.E.2d
al-
genuineness
question as to the
512; Epton
Vail,
Ill.App.2d
masters, it is
leged
of old
work
287,
For these reasons the appeal taken is af-
firmed.
Judgment affirmed. Judge
KILEY, (concurring). Circuit I concur in the result reached
majority opinion. My concurrence is ground adequate
confined to the expressly fair comment rule. I refrain joining application
innocent construction rule stated Supreme
the Illinois Court John v. Company,
Tribune 181 N.E.2d de- January 23,1962. cided
NORTHERN VIRGINIA STEEL CORPO RATION, Petitioner,
NATIONAL LABOR RELATIONS *7 BOARD, Respondent.
No. 8450. Appeals
United States Court of
Fourth Circuit.
Argued Jan.
Decided March