Showing posts with label Raoul Meyer. Show all posts
Showing posts with label Raoul Meyer. Show all posts

28 May 2015

Memorial Day Ruminations



by Ori Z Soltes

Three related issues interwove themselves in my mind thanks to a serendipitous catching up with emails on this sunny Memorial Day weekend. Since "memorial" derives from the same Latin root as "memory" then it is particularly appropriate that, on a weekend when we are reminded to remember our war dead, the singular human capacity for memory and its verbal, visual and other articulations direct itself to related matters pertaining to the dead--and the living--from a range of different kinds of wars.

I was impressed by the youtube record of a brief speech by Eric Sundby, president of the student-run Holocaust Remembrance and Restitution Society at Oklahoma University in Norman, OK. The speech was in support of a resolution before the Oklahoma State legislature, HR 1026, that would call on the Fred Jones Museum of Oklahoma University to engage in a full process of provenance research.

In his speech, Sundby observed that, in practical terms, this means that the museum must both research the ownership history of objects in its collections that were acquired without the benefit of that research at the time of acquisition, and for which there is the possibility that they were stolen; and that it must commit itself to rigorously research the ownership history of potential acquisitions in the future.

The specific issue that prompted the legislation and Sundby's speech is the claim by Leone Meyer, in France, for the small Pissarro painting, La Bergère ("The Shepherdess"), which was stolen (together with dozens of other works of art) from the Meyer family, by the Nazis, under the aegis of the Alfred Rosenberg-guided task force whose purpose it was to plunder cultural property from the Nazis' victims. (Rosenberg's earlier claim to fame had been his orchestration of the Nazi theory that differentiated "Aryans" from Jews, Slavs, Roma and others, physiologically, mentally and morally).
La Bergere, by Camille Pissarro


As anyone who is interested in the issue of Nazi-Plundered cultural property is aware, the President of Oklahoma University and the Director of the Fred Jones Museum have steadfastly refused to consider restituting the painting to Ms. Meyer, based on a remarkable combination of pseudo-legal technicalities and egocentric obtuseness. Sundby referred to the Museum's assertion that restitution would set "a bad precedent" and that "the history of [the painting's] ownership history is not known." Sundby held up a document from the US Archives, stamped with Alfred Rosenberg's ERR Task Force stamp, indicating unequivocally that  La Bergère was item #13 plundered from the Meyer family.
Meyer 13-RG 260 M1943 Reel 15 NARA

ERR labeling on photo of Meyer 13
The Museum's refusal to accord justice and pursue an ethical path in the face of remarkably clear evidence as to the Nazi theft of the Pissarro from the Meyers, and its cynical use of an earlier failed effort by Meyer's father to gain restitution in Switzerland, (due, at the time, to what is now universally regarded as a faulty legal issue: the time limits within which claims might be made and to the Swiss judiciary's refusal to call into question the "good faith" of art dealers suspected of recycling art looted in Axis-controlled Europe) as a legal precedent, is profoundly disturbing. This is what has prompted virtually the entire state of Oklahoma, from students and ordinary citizens to State legislators, to rise up in protest and demand restitution.

Almost equally troubling is the documentary evidence suggesting that well over a decade ago a colleague from a different museum had alerted the Fred Jones museum curators of a potential provenance problem with this painting--and perhaps with some 30 others that had come from the same source--and that the Museum staff chose to minimize the alert at that time. That is to say, they chose not to engage in provenance research (and in this case, that research would not have been overly complicated), as if they had hoped that the issue would disappear.

Instead, it has returned, with a vengeance. Which leads me to the second issue that has been bothering me this weekend. The verbiage of HR 1026 is virtually drawn, in its entirety, from statements made well over a decade ago by Museum Directors in both the American Association of Museums (AAM) and the Association of American Museum Directors (AAMD) in response to a concatenation of public events that began with an all-day conference at the B'nai B'rith Klutznick National Jewish museum and the founding of HARP (September 4, 1997); and led to the HARP-inspired State Department conference that produced the so-called Washington Principles (in December 1998), signed by nearly four dozen nations at that time.

The august statements made by both AAM and AAMD pledged strong new efforts toward provenance research and a concerted effort to restitute works in their collections that had been plundered by the Nazis, where victims or their heirs could be found. Alas, the track record has meandered gradually downhill for the most part since then, as, with some noteworthy exceptions, American museums preferred to downplay the demand for provenance research and in many cases resisted the requests of claimants for judicious consideration of their claims, for their plundered works and for justice.

More subtly, museums still offer remarkably little information about works of art to their visitors, with respect to the narrative of plunder within the narrative of ownership. Where bona fide art historical enquiry should crave every bit of information about a work of art--who made it and when and where, and also who first and then who next owned it, and indeed what the entire trail of ownership up to the present has been--for this last sort of datum is essential to the larger story of culture and within it, economics and cultural patronage--the available information to the staff, by the staff and to the public (that the museum presumably wants to educate and edify and not merely entertain), remains remarkably limited.

In part this is because of the apparent limits on museum-staff skill at engaging in provenance research--at reading and understanding the documents that offer information on ownership history. (How else could the Fred Jones Museum argue that the provenance of La Bergère is unknown, when the archival documents are so clear?) Mind you, the museum and gallery community has continued to mouth its interest in understanding all of this better, but when seminars and short courses have been made available to it, the classroom remains devoid of participation from that community. If the museums don't understand or cannot tell the story of objects that have been plundered, they certainly cannot be expected to understand why restitution even matters, much less be sympathetic to the process; they cannot be expected to share a story that they don't know with their audiences. The trail from 1997 to 2015 and from Washington, DC to Norman, Oklahoma is a rugged one, with very uneven footing.

The contexts of history and art history are large ones. I noticed while watching Sundby's youtube-recorded speech that, in the background, behind him, there stood a life-sized bronze statue of a Native American. From my viewing angle it appeared generic: a non-specific American Indian. But then I thought--this is Oklahoma, after all--that the sculpture may well have been of a Cherokee. And I thought: how ironic! In 1838 in what is known as the Trail of Tears, tens of thousands of Cherokee, native to Georgia and surrounding areas were force-marched all the way to Oklahoma. The reason: white Euro-American settlers wanted access to the rich farmland and forests that the Cherokee had inhabited for generations. The outcome: a small-scale genocide. Thousands of Cherokee perished along the way to Oklahoma, where those who survived the journey were forced to take up residence in an area reserved for them--a reservation--that offered nothing like the land from which they and come, nothing that would be conducive to living lives anything like those they lived back east.

North America, then, and the United States in particular, has a lamentable history with regard to the treatment of Native Americans by whites and by the white federal government. So--and this is third part of my interwoven Memorial Day rumination--there on youtube is a functional symbol of that horrific past, a past which the United States is still in the process of trying to shape toward a happier present. And before that symbol a speech is being offered to support legislation intended to push an American museum to restitute a painting to the heir of a family that was part of a different tale of tears.

And meanwhile, in Paris, in the country from which that Jewish claimant comes, the EVE auction house is about to offer up, for the third time in barely a year, objects sacred to various Native American tribes--in this case, specifically the Hopis, from Arizona. The French have apparently completely forgotten that they are signatories to acts that recognize the rights of indigenous peoples world-wide with regard, among other things, to their cultural and sacred heritage and property. American dealers who know that they cannot hope to unload others' sacred property anywhere in the United States have turned to France to help preserve and extend this particular tale and trail of tears.

Mr. Sundby, in his elegantly concise speech with that statue behind him and the ERR document before him observed that his organization supports the legislation of HR 1026 because "we stand for our community, our nation and our fellow human beings." As students at Oklahoma University, his organization would prefer their tuition dollars to go toward, well, education, and not toward lining the pockets of lawyers defending a classic, unethical case. But it seems that the Fred Jones Museum has forgotten about moral education, as have most of the American museum staffs who remain uneducated with regard to provenance research and its role in larger historical and cultural contexts, and as the French and their auction houses seem to have forgotten about the meaning of community and of humanity. Memory is an important human instrument but a flawed one indeed, particularly when it is embedded so deeply in ego and arrogance.




12 July 2014

Should museums stop using technical defenses to prevent restitution of looted art? The debate rages...

Nicholas O’Donnell’s article on Ronald Lauder’s Editorial on Stolen Art and Museums Fails the Common Sense Test

By Pierre Ciric*

In his article titled “Lauder Editorial on Stolen Art and Museums Fails the Glass House Test,”[1] Nicholas O’Donnell attempts to respond to Ronald S. Lauder’s editorial published in the Wall Street Journal on June 30, 2014, titled “Time to Evict Nazi-Looted Art From Museums.”[2]

O’Donnell attempts to find legal shortcomings in Lauder’s editorial, which simply expresses the need for art museums to act responsibly by returning Nazi-looted artwork instead of raising technical defenses and mere pretexts to deny the rights of the claimants.

Fred Jones, Jr. Museum of Art
In his article, O’Donnell refers to the ongoing case brought by Léone Meyer against the University of Oklahoma, among other defendants, to obtain the restitution of “La bergère rentrant des moutons” (Camille Pissarro, 1886), currently on permanent display at the Fred Jones Jr. Museum of Art in Norman, Oklahoma.

Although O’Donnell—counsel to David Findlay, Jr. Gallery, a defendant no longer involved in the case—recognizes that the recent court decision is limited to whether the Oklahoma defendants could be sued in New York, he repeatedly brings up a 1953 Swiss court decision involving Camille Pissarro’s La Bergère as grounds for why Léone Meyer’s claim should fail, and why Mr. Lauder’s argument is baseless.

O’Donnell’s argument fails the common sense test. First, no one disputes that the Nazis stole La Bergère from Léone Meyer’s family.

"La Bergère rentrant des moutons," Camille Pissarro
Second, the 1953 Swiss court decision was not decided based on a late claim, as O’Donnell argues, but was decided against Léone Meyer’s father because he could not prove the “bad faith” of the art dealer who acquired La Bergère after it crossed the Swiss border from France.

Third, prior Swiss decisions involving looted art have long been held as doubtful or baseless in several U.S. jurisdictions. Even the Swiss government itself recognized in 1998 that the deck was stacked against claimants who wanted to file art restitution claims in Switzerland after World War II. New York courts have found/determined that “Swiss law places significant hurdles to the recovery of stolen art, and almost ‘insurmountable’ obstacles to the recovery of artwork stolen by the Nazis from Jews and others during World War II and the years preceding it." See for instance, Bakalar v. Vavra.[3]

Finally, O’Donnell misses the point of Mr. Lauder’s editorial. As French government officials have recently stated in a public forum dedicated to France’s efforts to track and restitute looted art, the time for “clean museums” has come. Hiding behind technicalities and procedural loopholes to delay basic justice, i.e. restitution of looted property, is not morally appropriate, even less so when public institutions are involved.

Ronald Lauder is right. It is time for museums to do the responsible thing. It is time for museums to “clean” their collections of any tainted artwork by returning Nazi-looted artwork.


* Pierre Ciric is a New York attorney, the founder of the Ciric Law Firm, PLLC, and a board member of both the French–American Bar Association and the New York Law School Alumni Association.  He currently represents Léone Meyer against the Board of Regents of the University of Oklahoma in her quest to obtain the restitution of “La bergère rentrant des moutons” (Camille Pissarro, 1886), currently on permanent display at the Fred Jones Jr. Museum of Art in Norman, Oklahoma.

[3] Bakalar v. Vavra, 619 F.3d 136, 140 (2d Cir. 2010); see also In re Holocaust Victim Assets Litigation, 105 F. Supp. 2d 139, 159 (E.D.N.Y. 2000)

14 May 2011

ERR database—Raoul Meyer, Pissarro, Modigliani, Soutine

You can never be too careful. Thanks to the watchful eye of a museum curator in Indiana, the information in the Jeu de Paume database concerning the thefts in 1941 of Raoul Meyer’s collection from a safe in Mont-de-Marsan required a serious overhaul. The painting entered the Jeu de Paume on February 2, 1941.  The most egregious mistake was to have indicated as restituted a painting by Claude Pissarro, “La Bergère,” a small work which, as it turns out, hangs currently in the Fred Jones Museum of Norman, Oklahoma. There is no evidence that the painting was ever returned to Raoul Meyer as of 1947. The subject of one of numerous exchanges engineered by the likes of Gustav Rochlitz, the painting most likely ended up on the private art market in Switzerland from which it wended its way to the United States.  In fact, thanks to Swiss Federal documents, additional light can be shed on the fate of Meyer 13, or "La bergère rentrant ses moutons," by Claude Pissarro.


La bergère rentrant ses moutons, by Claude Pissarro 
Source: Fred Jones, Jr., Museum






Bauerin und Schafe am Hof eines Bauernhauses, Meyer 13/
Bundesarchiv, B323/278
Source: ERR Project via Bundesarchiv

Indeed, in a confidential report filed on March 6, 1998, by Pablo Crivelli of the Independent Committee of Experts on Switzerland during the Second World War (Commission indépendante d’experts: Suisse-Deuxième Guerre Mondiale), Crivelli details the difficulties in reconciling the evidence of plunder aimed at the Pissarro painting stolen from Raoul Meyer and the sparse documentation in the  possession of the Swiss Compensation Office (Office Suisse de Compensation) at the time that the loss was declared to the Swiss government.


Unbeknownst to Raoul Meyer and his lawyers, the Swiss Compensation Office (SCO) receives a tip that a man named Léon de Sépibus, who already enjoyed an unsavory reputation among Swiss commercial circles, had imported two paintings into Switzerland in late 1945, one of which was the Pissarro.  The SCO wrote several letters to de Sépibus asking him for information about the paintings and official documentation regarding their origin.  According to SCO officials, de Sépibus panicked, replied that he had re-exported the paintings to the United States shortly after their arrival in Switzerland.  Nevertheless, SCO staffers had recorded the two paintings imported by de Sépibus as worthy of additional inquiry.

It was not until spring of 1947 that the French Embassy in Bern began circulating to dozens of Swiss entities the French government's official listing of works and objects of art looted during the period of German occupation of France, also known as the "Répertoire des Biens Spoliés." Hence, in theory, the SCO could not have known prior to spring of 1947 that the Pissarro in the hands of de Sépibus might have been the Meyer painting stolen in France in early 1941.

The entire case burst forth into the open when Raoul Meyer files two lawsuits in 1952, one against de Sépibus and the other against a Swiss art dealer, Cristoph Bernoulli, who is identified as the current owner of the Pissarro painting.   The case dragged on well into 1953, where the SCO denied knowing anything of the looted nature of the painting, while Bernoulli argued his good faith regarding the Meyer painting.  It transpires that no one had questioned de Sépibus about discrepancies in his story as well as contacting the French Embassy in Bern in 1946 about the possible looted origin of the Pissarro in the hands of de Sépibus.

One way or another, the Swiss experts were not given access to the court records pertaining to the separate Raoul Meyer proceedings against Bernoulli and de Sépibus.  Hence, the shroud of uncertainty continues to hover over this small painting currently on display at the Fred Jones Museum in Norman, OK.

The correction to the Pissarro Meyer have required a complete review of this small but important collection of modernist works held by a man who co-owned with Max Heilbronn, another victim of the ERR’s plundering units, the famed ‘Galeries Lafayette’ department store on the right bank of Paris.

The Meyer case becomes more complicated due to a single work—a painting by Amédéo Modigliani entitled ‘La Porteuse de pain’. It shows up on several lists referred to as the ‘collection of Raoul Meyer’ dated April 1945 which serve as reference for the French restitution authorities at the Commission de recuperation artistique (CRA). There is no correspondence, there are no signatures, hence it is unclear who compiled the list.

The Jeu de Paume database identifies a painting as ‘Frau mit Brot’ with the designator Meyer 9. The ERR inventory does not assign an artist to that painting. However, a handwritten note most likely placed by postwar German authorities ascribes the painting to Modigliani. Thus, one can surmise that this addition to the ERR inventory can be explained by the fact that the Raoul Meyer list was sent to the German restitution authorities.

Meyer 9 Bild
Source: NARA via ERR Project
Meyer 9 Bild
Source: Bundesarchiv via ERR Project
Here’s the problem. The image linked in the Jeu de Paume database to the alleged Modigliani is not a painting by Modigliani, but it is by Chaim Soutine. It is a sister painting to his famous “Servante en bleu” which he painted in 1934. A quick check of the Soutine catalogue raisonné does not disclose the existence of the painting mis-attributed to Modigliani. The photo comes from the Koblenz archives in Germany and is tagged as Meyer 9. It would be easy to blame an archivist for not knowing the difference between a Soutine and a Modigliani, like apples and oranges. But to see the error reproduced on a quasi-official inventory of the Raoul Meyer collection is perplexing at best.

Thus, we are left wondering whether the alleged Modigliani which is in reality a Soutine is truly a painting that belongs to Raoul Meyer. If it is, let’s suppose for one nanosecond that he did own a Modigliani, did Modigliani paint a woman holding a loaf of bread? If anyone out there is a Modigliani expert, please express yourself. This is the time to do it!