If you can ignore human suffering to hold on to something that isn’t yours, you don’t deserve the label (or the tax status) of a philanthropic organization.
l’Acteur, 1904-05, Pablo Picasso, courtesy Metropolitan
Museum of Art
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The Nazis seized an estimated 650,000 works of art between
1933 and 1945. There are well
over 100,000 items that have not been returned to their rightful owners. Tens
of thousands of these works ended up in public collections in the United
States.
In 1998, 44 nations created the Washington
Principles on Nazi-Confiscated Art, spearheaded by our own State Department. It called
for a “just and fair solution” if heirs came forward to reclaim their family’s
legacy. Museums also pledged to thoroughly research their acquisitions.
That was twenty years ago. In the meantime, many of our
museums have stalled for time, using the classic American defense—the courts—to
avoid compliance.
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Artillerymen, 1915, Ernst Ludwig Kirchner, courtesy Solomon
R. Guggenheim Museum.
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“Prominent U.S. museums have evaded the restitution of
Holocaust-era stolen art to rightful owners and heirs by refusing to resolve
claims on their facts and merits and by asserting technical defenses, such as
statutes of limitations,” the World Jewish
Restitution Organization reported
in 2015.
The city with the highest Jewish population in the world is
not Jerusalem, but New York, where 1.5 million Jews make their home. Most are
the descendants of Jews who escaped persecution in Europe in the 19th and 20th
century. Many are enthusiastic supporters of the arts. Sysco co-founder Herbert
Irving and his wife Florence are one example among many. Last year their
foundation gave the Metropolitan Museum a cool $80 million.
In February of this year, the heirs of Paul Leffmann lost
their suit against the Met for the return of Pablo Picasso’s L'acteur. Leffmann sold it under duress
for $13,200 when his family fled Cologne in 1938. It is now worth an estimated
$100 million.
“The Leffmanns would not have disposed of this seminal work
at that time, but for the Nazi and fascist persecution to which they had been,
and without doubt would continue to be, subjected,” argued their lawyers. The
case is now being appealed.
In October, the Solomon R. Guggenheim Foundation announced
it would return Artillerymen by Ernst Ludwig
Kirchner to the heirs of its original owner. Kirchner, a founding member
of Die Brücke, was
a seminal figure in Expressionism.
He too was a victim of Nazi Germany. Branded a “degenerate,” he
ultimately took his own life, but not before he lived to see his entire ouevre confiscated.
The Guggenheim spent two years doing the right thing. They
discovered that the painting’s initial attribution was a fabrication. It had in
fact been owned by art dealer Alfred Flechtheim, who fled
Berlin in 1933. It passed to Flechtheim’s niece, Rosi Hulisch. She committed
suicide before she was to be shipped to a concentration camp in 1938.
It was then acquired by Dr. Kurt Feldhäusser. After he
died in 1945, his mother sent his art collection to New York to be sold. Artillerymen was purchased by MoMA and then
traded to the Guggenheim.
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Portrait of Tilla Durieux, 1914, Auguste Renoir, courtesy of
Metropolitan Museum of Art
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The Metropolitan hasn’t been nearly as obliging. Among its
treasures is the Portrait of Tilla Durieux,
painted by an elderly Auguste Renoir.
The sitter, a famous actress, took the painting with her when she and her husband
fled Berlin in 1933. She survived; he died in Sachsenhausen
in 1943. Their heirs claim that the couple sold the painting under duress in 1935 as
they scrambled to find a way to leave Europe.
According
to the New York Post, the Neue
Galerie, Morgan Library and MoMA all hold looted works by Egon Schiele.
These were part of a personal collection belonging to Austrian Jewish cabaret
artist Fritz
Grünbaum. Grünbaum owned more than 400
pieces, including eighty by Schiele. A quarter of the collection appeared on
the art market in the early 1950s through Swiss art dealer Eberhard W. Kornfeld.
The whereabouts of the rest are unknown.
Grünbaum died at Dachau in 1941. His wife, Elisabeth, was
forced to surrender the family’s art collection to the Nazis before her
transfer to a death camp in 1942.
If you can ignore that kind of suffering to hold on to something
that isn’t yours, you don’t deserve the label (or the tax status) of a
philanthropic organization.




