Library Suit Settlement Leaves Relics In Philadelphia
By Deborah Fitts
December 2003

PHILADELPHIA, Pa. - A legal battle over ownership of the matchless collection of the Civil War Library & Museum has ended with a settlement that will disband the Library board and create a
whole new entity, the Philadelphia Civil War and Underground Railroad
Museum.
The new 17-member board will be charged with raising millions of
dollars for a new museum facility. A total of $15 million in matching
state funds has already been authorized.
"I am pleased that we have reached a resolution that keeps the
collection in Philadelphia and allows us to focus our efforts on
building a new museum in the city," said state Sen. Vincent Fumo, who
together with state Rep. James Roebuck spearheaded the fight for the
Library. Both men represent the city. "This is a treasure that is
intertwined with the history of Philadelphians' participation in the
War Between the States, and it belongs here."
A settlement agreement was filed Oct. 20 with Judge Anne Lazarus of
the Philadelphia Common Pleas Court, who at presstime was expected
shortly to issue her approval.
Lazarus is overseeing a lawsuit filed in 2001 by Fumo and Roebuck,
along with the state's attorney general and members of the Military
Order of the Loyal Legion of the United States (MOLLUS), the
veterans' group that founded the Library in 1886. The suit accused
the cash-strapped Library board of mismanagement and sought to block
the board's plan to loan a significant portion of the collection to a
new museum proposed for Richmond.
The outcome is largely seen as a victory for the plaintiffs. But six
of the 17 members of the new board, which has already been named and
is expected to become official in January, were appointed by the
current Library board. Michael Schwartz, president of the Library, is
the new board's co-vice chair. Two board members were appointed by
MOLLUS, four were appointed jointly by Fumo, Roebuck and MOLLUS, and
five were chosen by the other 12.
The other co-vice chair is David Woods, a vice president of the
energy firm Exelon. Harris Baum, a Philadelphia attorney for 46 years
and former deputy attorney general, will serve as chair. He said the
board was made up of "top community, educational and commercial
leaders in the city," who will work to identify a site for the new
museum in the heart of the tourist area, hire an executive director
and curator, and raise money. He said he hoped the new facility would
open its doors "within four years at the most."
Baum, who described himself as "a student" of the Civil War, "not an
expert," said bitterness between the warring parties has been put
aside.
"There's been a real solidification of thought. Everyone's rolling up
their sleeves to get something meaningful for Philadelphia and
tourism. We expect the new museum to be something we're very proud
of."
Baum said an important aspect of the new museum will be the
Underground Railroad in Philadelphia, where Quakers and other
abolitionists worked to move escaped slaves northward.
The new board met in October, and an executive committee is creating
subcommittees. They have hired an interim museum director, Kristen
Froehlich, a veteran curator and director. Froehlich has been hired
for a seven-month term to inventory and assess the collection, which
is housed at the Library's 1805 Pine St. building.
The collection is largely made up of items donated or loaned to
MOLLUS by Union soldiers from the Philadelphia area. Among its many
significant items is a collection from Gen. George Meade, who lived
in the neighborhood where the museum is located.
Schwartz, meanwhile, said he was "thrilled" with the outcome, and the
fact that "the people of Philadelphia and Pennsylvania are stepping
up to the plate" to support the collection financially. Schwartz was
defiant in the face of the lawsuit, but said now it was time to move
on.
"Three years have gone by," he said. "I'd rather focus on the
positive and the future instead of the negative and the past." He
said Baum would be "a wonderful board chairman."
"He's a gentleman," Schwartz said. "He brings a more private-sector
orientation to the board, that's well tuned into the state and local
grant establishments. And he has an interest in the Civil War that
I'm sure will grow."
Meanwhile, the Library "will remain open in some form" until the new
museum is ready, said Fumo spokesman Gary Tuma. Sixty percent of the
archival material will be placed on permanent loan with the Union
League, a well-heeled private Philadelphia club on Broad Street that
dates to 1863 and has its own collection of books, maps and
documents. (See related story.)
MOLLUS officer Herbert Zearfoss, a retired corporate counsel and a
member of the new board, said MOLLUS was "very excited that the
litigation is over and this wonderful collection is now poised to
receive the attention it deserves. Anyone interested in the Civil War
or the vibrancy of our region's cultural offerings should applaud
this great new beginning."
Others on the board include George Davis, senior vice president of
Lincoln National Corp.; Stephen Giroux, senior vice president of
American Business and Financial Services; Temple University
Distinguished Professor Russell Weigley; financial analyst Robert
Bateman; attorney John Schultz; George Davis, senior vice president
and general counsel at American Business Financial Services; economic
development consultant Philip Price; and retired Marine Gen. Clifford
Stanley, executive vice president at the University of Pennsylvania.
Also on the new board are Lisa Hill, assistant professor of history
at American University; and Marian Marchese, senior vice president at
Dudnyk Advertising. Besides Schwartz, new board members who are
currently members of the Library board are Francis Vitetta, chairman
of the Vitetta architectural firm; J. Gregory Acken, national sales
manager for Unilever Bestfoods; and Louis Guerra, vice president for
Smith Barney.
"We have assembled a highly competent board," said Fumo. "It has
expertise in Civil War history, but it is also familiar with the
cultural and business milieu in Philadelphia. It will be able to
bring intellectual, financial and social resources to bear to create
another first-class historical attraction in Philadelphia."